When deciding to accept a personal injury case, lawyers look at all aspects involved which might help the person and family affected. This includes pragmatically looking at the case from every possible angle. Watch the video to hear attorney Patrick Montoya describe more about his key factors for taking a case.
The formula for taking a case I often call the perfect storm. And it’s a difficult one because you have to have liability, which means somebody is at fault. Causation, meaning you can prove that what the person did wrong actually caused the damages, and the damages have to be there. Was somebody hurt, was somebody injured, either economically or physically? So you have to have liability, causation, and damages. Oftentimes, what we find is, well, somebody’s been hurt but maybe the person that injured them, whether it be in an auto case for example, didn’t have any insurance. So while the person’s been catastrophically injured, there’s no assets or no insurance to go after. So we find other ways of doing that. One of the things we do when we’re evaluating a case, an auto case for example, as well, driving around South Florida or many other areas, people don’t carry a lot of insurance. We have a catastrophic injury and ten thousand dollars’ worth of insurance. So what do you do to help that person? You look at the car. Is there something wrong in that car, which is a product that went wrong. Did the airbag go off timely? Was there enough protection the way the roof was structured in the car? Did the roof crush the person? Did the seatbelt work? Was it operational? What other areas can we look at to help that person that’s severely injured? When taking a case, we look at all aspects of the case to try and help that person. It’s the most frustrating thing to get a case and get a call from somebody who’s been severely injured or killed in the case and not be able to help them. So your job is to look at every possible angle. And that’s true for all of our cases, whether they be commercial cases, personal injury cases, products liability cases, class action cases, everything. There is a certain creativity to our work that people usually don’t see. People look at TV and watch lawyers and think “oh they’re very dry” and this and that. No, we’re actually pretty creative folks at what we do. And we’ve got experts behind us that we work with in the fields of engineering medicine, product design, construction. Every area that you can think of that help us work and figure out what has gone wrong in a case and if we can help. For more information, you can contact Colson Hicks Eidson at our website, Colson.com.