Do I Even Have a Case? How to Tell If an Injury Is Worth Pursuing

A lot of people who were genuinely wronged talk themselves out of a valid claim, and a few people pursue claims that were never really there. Here's the honest framework attorneys actually use, so you can think it through before you spend a dime.

The four questions that decide most cases:

1.   Did someone else's carelessness cause it? There usually has to be a person or business that failed to act with reasonable care — a distracted driver, a store that ignored a hazard, a manufacturer that sold something defective. A pure accident that nobody could have prevented generally isn't a claim.

2.   Were you actually injured? There has to be a real, documented injury or loss — physical harm, medical treatment, missed work. A near-miss that frightened you but caused no injury usually isn't a case, however unsettling it was.

3.   Can the connection be shown? The injury has to be tied to the other party's conduct. This is where early medical documentation and preserved evidence matter so much.

4.   Is there a source of recovery? Practically, there usually needs to be insurance or assets behind the responsible party. A strong case against someone with no coverage and no assets can be a hollow victory.

Does the size of the injury matter?

It matters to the value of a claim, but small does not mean nothing. A clean fracture that healed fully is different from a permanent back injury, and that's reflected in what a claim is worth. But "minor" injuries sometimes turn out to be more lasting than they first appear, which is another reason not to sign away your rights early based on how you feel in week one.

I think it might be partly my fault. Does that end it?

Usually not. Pennsylvania's comparative-negligence rule lets you recover as long as you weren't more at fault than the other side, with your compensation reduced by your share. People routinely underestimate the other party's responsibility and overestimate their own, so it's worth getting a second opinion before you assume your share was decisive.

What does it cost to find out?

For injury matters, the first conversation is typically free, and most injury cases are handled on a contingency basis — meaning the firm's fee comes as a percentage of a recovery, and if there's no recovery, there's no fee. (You may still be responsible for certain case costs; ask about that specifically.) The practical point: finding out whether you have a case generally costs you nothing but a phone call.

When is it clearly worth calling?

•     You needed real medical treatment and someone else likely caused the injury.

•     You're being pressured to give a recorded statement or accept a fast settlement.

•     A government body might be involved (short deadlines apply).

•     The insurer has denied your claim or is blaming you.

Talk it through with someone local. If you have questions about your own situation, the attorneys at Joyce, Carmody & Moran can review what happened and explain your options — no cost for the first conversation, and no obligation. We are based in Pittston and handle injury matters throughout Luzerne County.