We often get questions about what makes a successful personal injury claim. There are three parts to any personal injury claim, whether the claim is the result of a motor vehicle collision, a dog bite, a fall, or another type of injury. A personal injury claim that is solid in all three of these area has the best chance of a success. However, it is rare to find any personal injury claim that has no issues with any of these elements, which is why retaining experienced legal counsel, who know how to deal with the problems in each of these areas, is a big part of succeeding in an injury claim.
First element: Liability
Liability is essentially who is responsible for the injury that you have suffered. When you are injured by another person or company, that other party is legally liable to you for the harm they have caused. For example, in the case of a dog bite, the owner of the dog is liable for the actions of their animal. The most common type of liability people deal with is in a car accident, where the police often issue a ticket to one person for breaking a law. In any personal injury case, the Dible Law Firm would ideally aim for the opposing party to claim 100% liability. In the event of a motor vehicle accident, the insurance company will often admit liability when a ticket is issued to their client. A client's best case scenario for liability is when the opposing party is issued a ticket and claims full responsibility for the accident. However, there have been times when it was our own clients who were ticketed for the accident, but they believed that they had been wrongly ticketed. After our own investigation of the accident and providing additional evidence, we have frequently been successful in reversing an insurance company’s liability decision in favor of our clients.
Second element: Damages
The second part of any case is the damages you suffered due to the injury. These include things like medical bills and time missed from work. Unfortunately for many injured people, we have seen many firms that become very lax in fighting for more difficult to prove items of damage for their clients, These items include the permanent nature of an injury, impairment to your ability to live and work resulting from the injury, loss of earning capacity in the future, or future treatment that your doctors say you will require. Proving these damages frequently requires expert witnesses and reports that many firms will not spend the time and money to develop for their clients. At the Dible Law Firm, we fight for the maximum recovery for our clients. We have filed hundreds of lawsuits and take the time to speak with your doctors and other experts to make sure we are including all of the damages, both present and future, that you have suffered in your claim.
Third element: Causation
The third element of any personal injury claim is causation. As the person making a claim, the injured person has to be able to show that the damages they suffered come from the current collision, fall, or bite that they suffered. For example, you can not claim damages for previous injuries not effected by the accident. The most important people for establishing causation for Plaintiffs are their doctors. At the Dible Law Firm, we help clients find specialist doctors covered by their health insurance. Primary care doctors are great for helping with common problems. However, when you are making a claim for damages caused by another person, it is important seek treatment with doctors that specialize in their specific field and have the knowledge and experience to be able to give solid medical opinions about your injuries and what caused them. Insurance companies often hire their own specialists over and over again to try and discredit an injured person’s injury claims. It is important for any injured person to have the best qualified doctors treating them in order to recover as quickly as possible. Additionally, it is imperative to have the most qualified doctors to testify about the nature, extent, and cause of your injuries.
If you have been injured, call the Dible Law Firm and let us put our experience and expertise in dealing with the issues that may arise from these three elements of your personal injury claim to work for you. We offer free consultations. Call 24/7 at 720-638-9777.