3 Legs of an Accident Case:

An accident case is like a milk stool; it requires three legs for it to stand up. Knock any one leg out from under the milk stool and it falls over. So, every successful accident case requires proof of three elements:

1) An act or omission (usually negligence)

2) Which causes an injury (causation)

3) Damages

In a car accident case the first element, negligence, is running a red light, speeding, driving recklessly or driving drunk. The second element, causation, requires proof that the negligence caused the injury. There has to be a cause and effect relationship between the drunk driving, for example, and the injury for the second element of the claim to be established. Finally, there has to be some real damage resulting from the injury; hospital bills, lost wage from work, disability or pain and suffering.

Insurance company attorneys look at each case to see if there is evidence of each leg to support the milk stool. Then, they look at the strength of the evidence and attack the weakest leg to try knocking over the milk stool. If they can, the insurance company won’t pay. If they can’t knock a leg out, the insurance company will pay.

Every case I accept goes through the three legged “milk stool” analysis. If you think you have a serious injury case, it can be worth your while to talk with me or some other experienced personal injury and wrongful death attorney to see if it has the three solid legs to be a successful case.

This message is from Elliott T. Dennis, an attorney who collects money for clients from insurance companies who don’t want to pay.

If you need help, call Elliott Dennis at (907) 929-4890 or email him at Elliott@attorneydennis.com.