Palm Coast Injury Law Blog

Do I have a case?  Should I call an attorney?  Is there a checklist to know if I should call?  Yesterday I met Lola who wanted to know if there was a simple checklist so she  could tell if she had a legitimate case.    She had heard that there is a lot of fraud going on, and her friend Bonnie said she had heard of staged accidents.  She said an Allstate adjuster told her they are mostly in south Florida where some lawyers, doctors and paid actors intentionally stage car accidents and then got settlements for these fake accidents.

Bonnie did not want to be accused of fraud, and so she wanted a checklist.  I told her about the three legged stool test.  Without all three legs the stool falls over, you can't sit on it.  Same thing with a legitimate accident injury case. 

• There has to be a serious injury.  This  leg is called damages, and usually has to be permanent, meaning just that: for the rest of your life this will be a problem; Injuries are documented by medical records, xrays, and photographs;
• There has to be fault.  Think in terms of avoidable accident.  Did the at fault person run a red light, fail to look, or pass in a no passing zone?  This leg is called liability.  Fault also can be intentional where the injury was caused because the actor wanted to inflict injury. I seldom take cases involving intentional harm because insurance companies do not cover such incidents, which brings us to the last leg;
• The last leg is insurance.  Personally I will not take a case unless there will be a good likelihood of a reasonable recovery from an insurance company when the case is settled. I charge a percentage of the recovery as my "contingency fee."  Insurance laws will not allow the jury to be told that the "little old lady" who caused the accident has insurance, so it is a little confusing.  Insurance companies like it that way.

So there is a short easy checklist.  I do not charge a consultation fee for discussing possible cases and welcome serious inquiries.