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How To Gauge The Strength Of An Injury Case During The Initial Legal Consultation

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The initial consultation with an accident lawyer can tell you a lot about your case. For example, after the consultation, you should know whether you have a strong or weak case. However, this is only possible if you ask or talk about the right things. Here are four topics of discussion that can help you gauge the strength of your case:


One of the first things your lawyer will want to know is who was at fault for the accident that caused your injuries. It's also important to know the at-fault party because the knowledge determines several issues. For example, you want to know if the liable party is a government agency, since they might be immune to injury lawsuits.

Verdicts in Similar Cases

Unless your injury is unique, comparing it to cases involving similar injuries can give you a rough idea of what to expect in court. Therefore, ask your lawyer about case precedents and use the juries' decisions to make up your mind. For example, if you have a head injury, you should compare it to other cases involving head injuries of comparable severity.  If you were treated and went home the same day, it wouldn't make sense to compare your case to another person who was comatose for a couple of weeks.

Strengths and Weaknesses of the Case

Together with your lawyer, evaluate the strengths and weaknesses of the case both from your perspective and from your opponent's perspective. For example, having uncooperative witnesses weakens your case. However, clear videos showing your opponent causing the accident strengthens your case. If your opponent has been convicted of criminal wrongdoing in the same accident, then that is a further strength of your case. 

Non-Legal Difficulties

Not all difficulties of winning and collecting an accident settlement have to do with the law; there may also be practical difficulties to deal with.  Don't forget to discuss such issues with your lawyer too. A good example of a non-legal difficulty is that of collecting judgment if the person you are suing doesn't have adequate insurance. For this example, some of the options include garnishing wages or placing liens on the at-fault party's property; of course, this can only happen if they have property or wages in the first place.

Therefore, don't be a passive participant of the initial consultation. It's not your lawyer who needs to understand your case; you need to understand it from the lawyer's perspective too.  Ask as many questions as possible to know more about your chances of success.

Contact a legal office like Law Offices of Burton J. Hass to learn more.