By Pierce Blitch
People ask me all the time: “Do I have a case?”—whether it’s at church, during a social event, or even at the gym. It’s one of the most common questions I get as a trial lawyer representing injured individuals. But here’s the thing: those five simple words are loaded with complexities.
What Makes a Personal Injury Case?
I handle a wide variety of personal injury cases, so I’m often considered a generalist in this field. The only real limitation on the cases I take is whether I believe I can prove the case and if the damages justify my involvement. So, when people ask if they have a case, the answer depends on several factors, the first being: Can we prove it?
In a personal injury lawsuit, the burden of proof falls on the plaintiff (the injured party). That means you must prove your case—it’s not on the defendant to disprove it. To win, you must prove four key elements by a preponderance of the evidence: 1) duty, 2) breach of duty, 3) causation, and 4) damages. The phrase “preponderance of the evidence” is just a fancy way of saying “more likely than not.” You need to show that it’s more likely than not that these elements are true. And you have to prove all four elements—three out of four won’t cut it.
Duty and Breach: The Easier Part of the Equation
Sometimes it’s easy to prove someone owed you a duty not to cause harm. Take a car accident, for example. If you were rear-ended, the driver who hit you clearly had a duty to follow the rules of the road—one of which is not to follow too closely or rear-end the car in front of them. So, in this scenario, proving duty and breach is relatively straightforward. The other driver owed you a duty and breached it when they hit you.
Causation and Damages: Where Things Get Tricky
Now, let’s talk about causation and damages. These elements can get a little more complicated. For example, if you broke your leg in a car accident and your leg was fine before, it’s easy to prove that the wreck caused your injury. You have both causation and damages.
But what if the injury isn’t as clear-cut? Let’s say you hurt your neck or back in a rear-end collision, but there are no broken bones. Proving that the wreck caused your neck or back pain—and that it wasn’t due to something else—can be challenging. Your prior medical history plays a big role here. If you were already being treated for neck or back pain before the accident, it’s harder to prove the wreck caused your injury. For example, if you were on your way to back surgery when the wreck happened, it would be tough to argue that the car accident caused the injury that now requires surgery.
How I Evaluate Your Case
These are the kinds of questions I’ll ask when you come to me after a car accident. I’ll need to know your prior medical history and how it relates to your burden of proof. So, do you have a case? The short answer is: It depends. But once you provide me with the details, I’ll quickly be able to give you my thoughts on your situation.
CALL THE Blitch Law Firm ATTORNEYS AT LAW TODAY TO DISCUSS YOUR PERSONAL INJURY CASE
We fight for you, and we don’t back down. Every personal injury case has potentially life-altering consequences. We don’t hold back on providing our clients the best possible representation. At The Blitch Law Firm, we understand the physical, emotional, and financial toll a personal injury case can take. If you, a family member, or a close friend has been injured due to someone else’s negligence, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our dedicated personal injury strategies with one of our compassionate and experienced attorneys.
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