These facts are called “legal elements.”įor example, most personal injury cases require that plaintiffs establish the legal elements of negligence: You must establish certain facts based on the nature of your claim. To put it simply: personal injury attorneys don’t handle cases they don’t think they can win. Remember, most personal injury attorneys accept cases on a contingent fee basis, meaning they don’t get paid unless you recover damages.
Once you’ve decided your lawsuit is financially feasible, you’ll need to decide whether it’s winnable. Enjuris tip:Use these tools to estimate the value of your personal injury claim and to decide whether it’s worth suing someone in court.