By Marc S. Oxman, Esq.
You’ve had an accident. You’re injured. And, you’re considering whether or not to call a lawyer.
Your decision can be based on what lawyers sometimes refer to as the Three Cherry Test. Back in the day of one-armed bandits, when three cherries appeared on the slot machine you were a winner; two cherries got you nothing. In the case of personal injury lawsuit, the same rule applies. Below is a description of the three cherries you need to guarantee success.
Cherry 1 (Fault) – Whether you’re injured as a result of a fall, an automobile accident, construction accident, or otherwise, you won’t get to first base unless you can show that the person, company or municipality that you intend to sue is at fault. Sometimes, a defendant is only partially at fault. That’s O.K., so long as you can prove that the party you sue somewhat contributed to the accident through its own negligence.
Cherry 2 (Injury) – You can have the strongest liability case in the world (e.g. hit in the rear), but unless your injuries are serious it may not be worth your while to withstand long and expensive litigation. In fact, the New York State Insurance Law restricts automobile cases to those involving “serious” injuries. The seriousness of the injuries, the extent of medical treatment, and the disability which may result are important factors to weigh when contemplating a law suit.
Cherry 3 (Insurance) – A big money award resulting from a good liability case with serious injuries can be worthless unless there is adequate insurance coverage to cover the loss. Unless your defendant is an active corporation, or a very rich individual, you may end up with an unenforceable judgment if there is insufficient insurance coverage.
There are hundreds of other factors to consider in evaluating your potential claim. But, if you believe that you have the three cherries, you may want to pick up the phone and call a lawyer.
This article is written by a member of the Oxman Law Group, PLLC (www.oxmanlaw.com). Any comments or inquiries are welcome and can be directed to Marc Oxman at 914-422-3900 or moxman@oxmanlaw.com.