- June 7, 2011
- In personal Injury
The Orange County auto accident lawyer’s initial evaluation of your case involves an evaluation by you in addition to an evaluation by the lawyer. The lawyer will decide if he wants to take your case, and you will decide if you want this particular lawyer to be representing you.
Usually, personal injury lawyers will look at whether you’ll be a good client and whether your case is winnable (and thus profitable). In the initial interview, the lawyer will examine whether: (a) your story is believable or sounds exaggerated; (b) your story evokes sympathy; and (c) you are able to effectively explain the accident and your injuries.
1. Is your lawsuit profitable?
Generally, lawyers look at the following guideline: they get 80% of their income from 20% of the cases they take on. Because of this, lawyers will always try to put a value on potential claims and take the ones that will yield greater profits.
2. Your insurance coverage & your injury
The lawyer will estimate the amount of insurance coverage that you have; then, he will evaluate your injury. Injuries that require more treatment down the line will be worth more as a lawsuit. The lawyer will also take into account whether this injury will affect your ability to work.
3. Your liability
This requires more of a legal, rather than mathematical, analysis. First, the lawyer will look at the difficulty of the case. A car accident involving a hit-in-the-rear is pretty clear-cut and easy to win, but an intersections case is much harder. The most difficult kind of accident case is probably a products liability case that involves, for example, a tire defect.
Second, the lawyer will examine the amount of contributory negligence, or how much you were at fault in the accident. For example, if you were a passenger in a car, as opposed to being a driver, it would be much more difficult for the other side to claim that you were partly negligent.
Finally, the lawyer will determine whether there is a direct causal link between the accident and your injury. Obvious injuries, like a broken leg, can be more easily linked to the crash than, say, a subsequent heart attack that occurs several months later.
4. Evaluating you
A huge factor in whether a case is winnable or not is you: will the jury respond to you with sympathy or with disbelief? Here, the lawyer will subjectively decide what kind of an impression you’ll make at the witness stand.
The lawyer will also look to see if you have a history of prior lawsuits. It will be very damaging to your case if the defense attorney can describe you a serial litigator.
If you’ve been in a car accident and are contemplating a personal injury lawsuit, contact Orange County accident lawyer Samer Habbas today for a free initial consultation.
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