Do I have a Personal Injury Case?
Clients come to us and say, “Do I have a case if X, or Y, or Z happened to me?” The first thing you have to do is understand the status that a person occupied if they were a guest, or a business invitee, or sometimes if they were trespassers. Alternatively, you need to look at whether they were a patient and there was a doctor, there was a procedure or doctor procedure.
You have to look at the status they occupy, which generally dictates what the duty is. Then, you have to look at whether the duty was breached. Was there something wrong with the place and should the defendant/owner have done something? The next thing you look at if there are damages.
If a client can answer the following three questions or if a lawyer who’s evaluating the case can answer the following three questions uniformly: Was a duty owed to them? Yes. Was there a breach of the duty owed? Yes. Were there damages as a result thereof? Yes. Then that client has a lawsuit, and we can help them.