G. Mark Albright Personal Injury Law Blog on Lawyers.com

Personal injuries may occur from a slip and fall, a motor vehicle accident, a pedestrian vs. motor vehicle incident, or dog bites, just to name a few.  While most people think an assault and battery is classified as a personal injury, due to injuries usually sustained by one or more of the involved parties, these cases are actually criminal matters and handled by a criminal attorney.

Personal injury attorneys will generally try and assess your claim by asking you questions relating to your matter. The basic “Who?”, “What?”, “When?”, and “Where?” and “Why?”, questions are standard in order to gather information about your matter and to determine if your claim is viable. Pertinent questions generally asked will include whether any releases were signed; whether an incident or accident report was filed, and if so, who was determined at default; what are the injuries of the parties; were there any witnesses; what the particulars of insurance coverage, property damage are; etc.

A good personal injury attorney will view this information to determine whether the case would more likely than not win in a jury trial. It is true that many claims settle before a case goes to a trial. However, in order to avoid filing frivolous lawsuits, a good attorney will assess the claim, use their experience in the Court’s jurisdiction and their knowledge of case law in that particular area of interest, to determine if the claim would be viable to win in a jury trial, should negotiations for a settlement fail. Our law firm assumes that all cases may end in a jury trial and therefore does not accept new cases solely based on the goal to quickly obtain a settlement, as some law firms practice. We believe, by setting this ethical standard for ourselves, we assist the client in a more expedient, efficient, and transparent fashion. Personal injury cases may take up to 2 -3 years from start to finish, and the attorney/client relationship, becomes an important aspect of the experience. A prospective client should feel comfortable with the attorney and his or her support staff.

Additionally, just because one attorney does not accept a case, does not mean you have an invalid claim and should thereafter acquire multiple opinions. Attorney's fees will also vary and you should be informed of all conditions listed before signing any attorney/client fee agreement.

Michelle Anderton
Attorney at Law