5 Things to Look for in a Personal Injury Claim

Personal injury is an exceptionally profitable area of law, but not every case will be a “slam dunk.” Whether you get most of your cases from billboards or lead generation, here are some key indicators of an excellent personal injury claim:

1. Someone is clearly responsible for the accident.

When drivers are involved in a multi-car fender bender, insurance claims can become a nightmare. What’s ideal is a clear-cut case where there’s no question who is at fault. Some examples could include a drunk driving auto accident claim, or a case where a driver was rear-ended at a stoplight. Now that more and more drivers are using dash cams, you may have photo evidence proving your client was not at fault for a car accident.

2. The defendant has insurance.

There will be little spoils for your firm unless there are assets to claim. Filing a slip-and-fall claim against a mom and pop grocery store will never have the financial potential of a personal injury claim against Walmart. Unfortunately, with big retailers come powerful attorneys!

3. Your claimant has actual injuries and other burdens.

While not every personal injury claimant will become paralyzed from a slip and fall, most personal injury claims are dependent on injuries to have any validity. But even soft-tissue cases will generate big settlements in court, especially if they severely interfere with someone’s day-to-day life. For example, if your claimant sprained her ankle on a faulty ladder and was subsequently an hour late for work every day due to her inability to drive, she could be entitled to additional damages from lost wages.

4. Your claimant’s injury happened recently.

If your TV commercial inspires a victim of a 5-year-old product liability class action to come forward, there may not be anything your firm can do for the claimant. Most states have statute of limitations of two or three years. Kentucky, Louisiana, and Tennessee have just one year to file a personal injury claim.

The great thing about lead generation is that leads are sent to you in real time, so you’ll receive contact information for someone who’s searching for a personal injury attorney right now.

5. There’s physical evidence (of any sort).

He-said she-said is less than ideal in a courtroom. The best personal injury claims will have hard proof of who was at fault for an accident, the damages a claimant is entitled to, and any future inconveniences. Some best pieces of evidence include:

  • Video recording the incident
  • Receipts from hospitals, auto repair shops, or chiropractors/physical therapists
  • Unrelated witness’ statements
  • Notes from employees recording missed work
  • Expert testimony discussing a diminished ability to earn wages in the future

Loss of future earnings can be significantly greater than current damages—For example, in the case Shaffer v. Walmart, a shelf of supplies fell atop an Air Force airman and gave him head injuries severe enough to warrant an honorable discharge from the Air Force. He was awarded $4 million dollars for not only pain and suffering, but because he lost his career.

Expanding Your Personal Injury Caseload

If you’re looking for more personal injury clients, consider increasing your pending cases with personal injury leads. If you’d like to discuss our personal injury lead pricing and availability, give us a call today at 617.800.0089.