Personal Injury Cases – The Decision to Sue (Tuesday 9/14/10)

We all know that when a person is injured in an accident or incident in which it is clear that someone else is at fault, a claim may be made for money damages to make up for the injuries and resulting damages. When to bring a lawsuit is not always that clear. In order to win a court case, an injured party (referred to as the plaintiff) must prove that the wrongdoer (referred to as the defendant) was negligent or careless. This burden of proof is on the plaintiff, and the standard of proof is an objective one. The standard is that of the hypothetical, ordinary and prudent person and if that person would act under the same or similar circumstances as that of the defendant. If this ordinary, reasonable and prudent person would not do what the defendant did under the same or similar circumstances or if the defendant did something or acted in a particular way which differs from that which the ordinary and reasonably prudent person would do, then the defendant is responsible.

Not only must there be negligence but there must be a causal relationship between that negligence and the resulting injury and damages. Finally, the case must be properly evaluated to determine whether it makes economic sense to justify a claim and perhaps a lawsuit. At Ianello & Brittain P.C. we rarely take cases which cannot proceed to court. Therefore, it is imperative that a client’s case be properly screened and evaluated to determine whether or not it makes economic sense to justify a lawsuit. In other words, will the expected monetary result justify the time and expense, not just for the lawyer, but for the plaintiff and his or her witnesses. The average lawsuit involves 50 to 100 hours of time to properly analyze, evaluate and prepare the case for trial. Litigants and witnesses must be thoroughly and completely prepared for trial to have the confidence it takes to win. Discovery requests, medical records and bills, wage and employment records, and financial records including bank statements and tax returns, if applicable, may also be necessary in the proof of the case. Using superior trial techniques, at Ianello & Brittain we take pride in maximizing a client’s recovery.