Many people call asking, "Do I have a case?" The purpose of this blog is to assist in the evaluation of that question. There are three simple questions you can ask yourself to determine if you have a case. The first question is, "Did the other party do anything wrong?" If the answer to the question is "yes", the other party was careless, and then you can go to the next question. If the answer was "no, no one did anything careless", you will not have a claim. The second question is, "Was I careless or did I knowingly assume a risk of becoming injured?" If the answer to that question is no - that you were not careless and that you did not assume the risk then, again, you have answered the question in a way that would preserve your right to file a claim. If you were careless or assumed a known risk, you will not be able to file a claim. The third and final question to ask yourself is, "Was I injured as a result of the other party's carelessness?" People occasionally call angry at the carelessness of another party, believing that the other party could have "hurt or killed them." However, in order to make a claim for money, you have to have actually suffered a physical injury due to the negligence of another. So, if you have been physically injured by the carelessness of another, you have all three components of a claim and you would ordinarily have a right to recover money damages.
by Ira Sherman, Esq.