“Do I have a good case?” or “Is my case strong?” These are questions we hear a lot.
If you’re in Charles Town, WV, Winchester, VA, or Martinsburg, WV, and you’re wondering if you have a case after an accident or injury, we’re here to help. There are three main things we look at when deciding if your case is a good one. Hear it straight from Andrew!
1. Liability or Fault: Did Someone Break a Rule?
The first thing we look at is called liability, or fault. What we mean is, did someone break a rule or make a mistake that led to your injury? For example, if someone ran a red light and caused a car accident, they likely broke a traffic rule. This is a key part of your case—without fault or someone doing something wrong, there may not be a case to move forward with.
2. Injuries and Damages: Did the Mistake Cause Harm?
Once we know that someone did something wrong, we look at the injuries or damages caused by that mistake. Did the accident or injury cause you harm? Whether it’s physical pain, medical bills, lost wages, or emotional distress, we need to see that the wrongdoing caused actual harm to you. This is where we look at the details of your injuries and how they’ve affected your life.
3. Can Someone Pay?
The last thing we consider is whether someone can pay for your damages. We call this the “blood from a turnip” rule. If no insurance or company has the resources to cover your harm, it might be hard to get compensation. So, we look at whether the person or company that caused the harm has the means to pay, whether through insurance or personal resources.
Every Case Is Different
Every case is unique. While these three factors—fault, harm, and ability to pay—are important, the specifics of your situation will determine how strong your case is. That’s why the best thing to do is give us a call. We’ll talk through your specific situation and see if it’s something we can help with.
Want more insight? Hear it straight from Andrew!
If you live in Charles Town, West Virginia, Winchester, Virginia, or Martinsburg, West Virginia, and are wondering if you have a strong case, don’t hesitate to contact us. The Skinner team is here to help guide you through the process and answer any questions you have.