It’s not always clear whether an accident victim has a valid basis for a personal injury claim. And even if your case is fundamentally strong, your claim could have vulnerabilities that the opposing party might leverage to diminish your potential compensation.

Keep reading to learn how to know if you have a good personal injury case. If you were hurt in an incident that wasn’t your fault, call our Suffolk County personal injury attorneys at (631) 543-7070 to schedule a free consultation.

how do I know if I have a good case

Key factors to consider in assessing your case

1. Evidence of liability

A strong case typically hinges on clear evidence of liability. You must demonstrate that another party was responsible for your injury due to negligence or wrongful action. In New York, this involves establishing that the defendant owed you a duty of care, breached that duty, and caused your injuries. Documented evidence, including witness statements, photographs, and expert testimony, can significantly support your claim.

2. Extent and documentation of injuries

The severity of your injuries and the ability to prove them through medical records are crucial. Injuries that are well-documented through medical examinations, treatments, and expert evaluations tend to strengthen a case. New York law also considers the impact of these injuries on your life, including physical pain, emotional distress, and financial losses, all of which need to be well-documented.

3. Clarity of causation

Your case must link the defendant’s actions to your injuries. This is often where cases can become complicated, especially if pre-existing conditions are involved. The clearer the causative link between the incident and your injuries, the stronger your case will be.

4. Legal precedents and statutes

Understanding relevant New York statutes and how similar cases have been adjudicated in the past can provide insights into your case’s strength. For instance, New York’s comparative negligence rule may affect your case if you were partially at fault for your injuries. The rule allows you to still recover damages, though your percentage of fault may reduce them.

How Carner & DeVita can help assess your case

Carner & DeVita specializes in personal injury cases and can offer a comprehensive assessment by:

  • Reviewing all details of your incident to determine the viability of your claim.
  • Analyzing all available evidence to build a strong argument for liability and personal injury damages.
  • Advising on potential outcomes based on their extensive experience and knowledge of similar cases and current laws in New York.
  • Offering an honest, professional opinion on whether pursuing a case would be in your best interests, considering potential costs and benefits.

Work with us to secure compensation for your injuries

Asking “How do I know if I have a good case?” is the first step in a potentially complex legal journey. With legal counsel from Carner & DeVita, you can clearly understand your case’s strengths and weaknesses, allowing you to make an informed decision on how to proceed.

Remember, a good case is not just about the facts and the law but also how effectively they can be presented and argued in your favor.