After getting injured in an accident in Covington, the next course of action is hiring a personal injury attorney. The mistake most people in Covington, Kentucky, make is assuming an attorney will accept every case that crosses their desk. Well, this isn’t true.
Before Covington personal injury lawyers take your case, there are several factors they must evaluate. These include:
How Strong Is Your Case
You must have a strong case for your claim to stick. In personal injury cases, proving negligence is very important. Before accepting your case, a Covington attorney will check whether the other party was clearly at fault. Kentucky follows pure comparative negligence, which means the amount of compensation you can get is determined by the percentage of fault.
Next, they will check the amount of evidence available, such as police reports, witness statements, and medical records. A lack of enough evidence doesn’t favor your odds.
Additionally, they must consider the likelihood of proving negligence. If the liability is unclear or difficult to establish, an attorney may not take your case.
How Severe Your Injuries Are
Personal injury cases are more viable if the injuries are severe. For cases of minor injuries that heal quickly, the effort of an entire lawsuit may not be justified, thus making the case less appealing to a lawyer.
A lawyer will evaluate the extent of your injuries and whether you require ongoing treatment. If an injury has caused long-term effects of permanent disability, you may have a strong case. They also check the medical expenses you incurred, how much income was lost because of the injuries, and the overall pain and suffering.
The Statute of Limitations
The statute of limitations for personal injury cases in Kentucky is one year from the date an injury happened. In most cases, you only have one year to file a lawsuit unless there are very few exceptions.
If you have waited too long and the deadline passed, a lawyer may not be able to help you, thus less likely to take your cases. That is why, acting quickly is very important.
The Defendant’s Ability to Pay
Even if you have a strong case, but the defendant’s ability to pay is limited, it may not be worth it to pursue a settlement or a lawsuit. A lawyer will check:
- If the defendant has an insurance policy and what type of cover it is.
- There are assets that can be used to pay for compensation.
- Whether the defendant is generally financially stable.
For an uninsured person with little assets, it may be hard to recover any compensation.
You As a Person
A lawyer will look at some aspects that involve you as the plaintiff. They will check how consistent you are in communicating what happened. They may also check previous social media activity that can be used against you.
Another factor is any previous personal injury cases you have filed. All these factors could affect the outcome of your case.
Conclusion
Before taking any personal injury case, a Covington attorney must carefully look at the strengths and weaknesses to determine if it is worth it. Therefore, the sooner you contact an attorney, the quicker they can start the evaluation.