Each day we evaluate potential claims. Our clients need help and we review their rights in a free conference. We also are evaluating their claims. We must decide whether our firm should accept this new claim for litigation.
This evaluation can be difficult and is certainly an art not a science. The basics concepts, however, are very understandable. Here is the DNA of a successful claim:
1. Damages? -has the breach of duty caused an injury?
2. Negligence? –Is there a breach of duty owed to my client?
3. Ability to pay? -does the wrongdoer have insurance or other means with which to pay a judgment?
It’s like a three legged stool, if the case is missing one of the legs it will not stand up in court.