When you first meet with a lawyer to discuss a possible lawsuit you will be asked several questions so that she may better understand your potential claim. There are three components that must be proven in every personal injury lawsuit (liability, damages and causation) and the lawyer assesses each one of those from the initial meeting until the conclusion of the lawsuit.
“Liability” refers to fault for the incident. It addresses the extent to which each person contributed to the incident. If you caused or contributed to the incident, or the severity of your injuries then your assessed compensation is reduced by that corresponding percentage of fault. For instance, if you were 10% at fault then your compensation is reduced by 10%.
“Damages” refers to the types of compensation which may be available to the injured person. Your lawyer will investigate claims for your pain and suffering, past and future losses of income, the cost of future treatment as well as housekeeping and home maintenance assistance and out-of-pocket expenses. Sometimes there is compensation available for certain family members impacted by your injury.
“Causation” simply refers to the link between liability and damages. Even where the other person is 100% at fault for the incident, they are only responsible for compensating you for the losses that they caused. There are two aspects to this. First, what injuries were caused by the incident? Second, what types of compensation (damages) arise from those injuries? The answer to the first question is usually pretty straightforward. It is the second part of the causation analysis that is nuanced and almost always requires greater scrutiny. That is because a defendant is only responsible to returning the injured person to the position that she was in prior to injury. The defendant is not responsible for other issues that the injured person may have which are impacting her quality of life, ability to work or need for assistance. As a result, your lawyer will need to understand more about you and your life before the injury occurred including your hobbies, interests, work and health and contrast that with how you are living with injury. This contrast helps your lawyer demonstrate to the defendant that their actions caused your injuries and claims for compensation.
Each lawsuit is different. Sometimes liability is disputed while damages and causation are not. Other times, fault for the incident is not disputed but the cause of the person’s claim for compensation is contested. It is important to work with a lawyer who explains these, and other concepts to you at the first meeting and gathers information to provide you with guidance about your potential claim.
Beckett Personal Injury Lawyers has represented thousands of people in personal injury lawsuits. If you have been injured and would like to speak to us about it, please feel free to call us for a free consultation.
