Tuesday, November 15, 2011

Personal Injury Attorney - Liability First

When I evaluate a personal injury case, my first concern is liability. Many personal injury lawyers focus too much on the injury. Damages are based on the injury, but there are no damages without liability.

Liability in a personal injury case is based on the law of Torts, i.e. the law governing compensation for damages caused by beaching a duty implied by the relationship between the parties. Tort Law is broader than just personal injury, and encompasses business and other relationships as well. A personal injury attorney, however, is generally dealing with mechanical injuries caused by often-replicated circumstances.

Thus, with many cases, a personal injury lawyer can assess liability with a fair amount of confidence. I have litigated complicated and difficult cases, and I am not opposed to it. If it is an interesting issue, or something where the client has really been wronged, I am happy to fight even knowing that the legal issues may be difficult and there may be a chance of losing.

From a business perspective, however, I want to take cases involving rear-end car accidents; pedestrian collisions; accidents caused by a drunk driver; or construction accidents where workers fell from a ladder or scaffold, or were hit by a falling object. With those types of cases, I can get results.

No comments:

Post a Comment