Over the past years working with clients, we have discovered one of the first questions they ask us is “do I have a case?” While every case and situation is different and should be evaluated individually, there are a few things to consider when determining if you have a case for your personal injury or wrongful death case.

Are you injured, or has someone died?
Personal injury and wrongful death cases begin with an injury or death. Accidental injuries can happen anywhere. The National Safety Council reports workplace injuries in 2017 numbered over 4.5 million, while vehicle accidents caused nearly 4.7 million injuries as well. If you were accidentally injured, you could be entitled to compensation.

Can we prove liability?

The next step in determining if you have a case is to see if we can prove your injury or death was someone else’s fault. This could mean it was the grocery store’s fault for not putting up signs of a wet floor, which caused you to slip and hurt your back. It could also mean it was your physician’s fault you were incorrectly diagnosed. In all situations, we must be able to prove liability in order to continue with your case.

Are there damages?

In order for a personal injury or wrongful death case to continue, we must determine if there are damages. These damages can be your medical bills or the time you missed from work. It can be pain and suffering, or long term mental health conditions. These damages give us a framework when building your case.

Are the damages related to the accident?

Finally, we need to prove proximate cause. This means we have to be able to show the damages were caused by the event. Can we tie your medical bills to your slip and fall in the grocery store? Can we show you missed time at work due to your incorrect diagnosis? Proving proximate cause is the final step in building your case.

At MacCloskey, Kesler & Associates, we are proud to represent people who have been injured. We are honored to gain their trust and to advocate for their best outcomes. Our team has decades of experience working personal injury cases and more. We don’t expect you to know if you have a case or not – that’s our job! If you would like to tell us more about your situation, please call our office to set up a consultation.

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