Personal Injury: “Can I Sue?”

 

Can I Sue

By Jerry Bunkers on Flickr

“Can I sue?” tops the questions posed to attorneys.

But, that’s the wrong question.  The meaningful challenge is whether a feasible, viable claim strong enough to warrant recovery exists.  Hypothetically if the papers are able to be filled out and the technical requirements met then in the meaning of the word, one ‘can’ sue.  But, without basis for the suit and solid grounding in a legally recognized cause of action the case will be kicked out by a judge or jury.

Must Have All Elements of a Case

In every case where negligence is claimed, four elements must be established:

1)      Duty

2)      Breach of that duty

3)      Causation of harm, and

4)      Damages.

Even where duty and breach of duty are relatively clear, for example a motor vehicle operator runs a red light and strikes a car, without significant damages caused by that accident, there’s no case.  You must have all four elements.  In a case where an individual falls in a store or other commercial establishment and sustains even a serious injury, if there’s no explanation for how the store breached a duty, there is no feasible valid claim.

Without All Elements, Case Will Fail

In the above two examples, one “can” sue.  But, at the same time, the claim is destined to fail at some point for lack of a solid legal foundation.

Legal purists might point out that I’ve simplified the analysis.  However, this is an accurate summarization of the requirement of having all elements of a recognized cause of action in order to have a sustainable legal claim.

Duty of Good Faith

Finally, all documents filed in a court of law must be in good faith.  Sanctions can be imposed for frivolous suits or cases filed for an improper purpose.  This obligation is imposed by Rule 11 of the Federal Rules of Civil Procedure, and nearly all state courts have their own similar mandates.

About Andrew Myers

Attorney Myers is a member of the American Association For Justice, Massachusetts Academy of Trial Attorneys, New Hampshire Association For Justice, National Association of Consumer Bankruptcy Attorneys & Rotary International. Legal services provided in Massachusetts (MA) and New Hampsire (NH).

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