Interviewer: When people come to you and they think they have a case, what are the top misconceptions they have about whether they actually have a case or not?
Will: As I mentioned earlier, not every injury is a breach of a duty, and so our analysis starts with what happened, was there a duty, and was there a breach? The next problem is, quite often, the injury is very slight, and it’s not enough for our firm to jump in and take the case.
To Move Forward, a Personal Injury Case Must Have Substantiated Negligence and Injury
So you must have negligence, and you must to have significant enough injuries to formulate the claim. I guess the other incorrect perception about a personal injury case is people want it to happen immediately. Also they think so often that the case will provide them with open medicals for the remainder of their injury. That’s just isn’t really done.
Personal Injury Cases Do Not Typically Provide for Open Medicals
Most of the time the cases are against insurance companies. The settlements are a lump sum settlement or are an adjudicated award at trial, and they don’t include open medicals. And those open medicals concepts are more akin to workers compensation and we don’t handle that area.