For most of us, we shall encounter personal injury law once in our lives due to an auto injury, slip and fall or any other injurious event caused by a negligent party. The process can be fraught with stress and uncertainty, and you may still be smarting from your injuries, which can make seeking compensation feel like an uphill battle.

Most injured individuals will have doubts about the legitimacy of their claim and even feel like there isn’t much evidence alluding to the negligence which may mean that their claim may not attract a judgment or settlement. These doubts often arise out of ignorance with regard to how the law works as well as not understanding the nuances of personal injury law where negligence may or may not be obvious.

Thankfully, the concept of prima facia steps in, becoming incredibly empowering. Translated from Latin, the term means “at first sight” or “on its face” whereby your claim demonstrates that you have enough initial evidence to establish the fundamental elements of your claim, thereby legitimizing it and making the defense team or insurance company sit up and take notice, even before a lawsuit is filed.

In essence, prima facie means that your claim has reached the critical threshold that compels the at-fault party not to dismiss your claim and consider meaningful negotiations. In this article, we shall take a look at the essential elements of a prima facie case and demonstrate how we, as a best national law firm, present the facts of your case in a manner that commands attention and urgency from the at-fault party’s legal team – read on to find out more.

Are you looking for the best nationwide injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured individuals recover compensation after getting injured due to the negligent actions of other individuals or large corporations.

Over the decades, we’ve been able to recover over $260 million and counting for our clients, highlighting our legal excellence and commitment to garnering the best possible outcome for our clients. Our success can be attributed to a number of unique factors you will not find in other law firms – we personally handle all claims and do not shunt them over to legal assistants or paralegals, a common practice in most law firms that eventually jeopardizes legitimate claims.

In addition, we work closely with a team of best-in-class experts in the medical, forensic science, accounting fields in order to build a robust case replete with objective evidence demonstrating causation and negligence, all done to leave no doubt that the defendant was at fault with regard to your injuries and damages suffered. We run a bilingual firm (hablamos Español), and we have nationwide reach thanks to our vast and trusted network of referral attorneys and law firms.

Lastly, we take on all claims on a contingency fee basis, which simply means that there are ZERO UPFRONT FEES during the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured due to someone else’s negligence, don’t let misconceptions about the legal process discourage you from seeking the justice and compensation you deserve – call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation: our intake team is standing by.

Prima Facie and Its Implication in Personal Injury Law

When we talk about prima facie cases in personal injury law, we mean that you, the injured part,y have presented sufficient evidence to support your claim so much so that a reasonable individual, such as a judge or jury, could find in your favor unless the defendant presents evidence meant to rebut your claim. Simply put, this is a legal standard, which means that you have enough preliminary proof to establish a valid claim.

In personal injury law, a prima facie claim has the following four essential elements:

1. Duty of Care where the defendant owed you a legal duty to act in a manner that is reasonable in order to prevent harm and subsequent injury
2. Breach of Duty where the defendant failed to meet said duty by acting in a negligent manner
3. Causation where the breach of duty directly led to your injuries
4. Damages whereby you suffered harm or losses as a direct result of said injury

Will My Injury Claim be Taken Seriously?

What a lot of first-time claimants do not understand or know is that over 90 percent of all cases are settled out of court, and this is where the concept of prima facie shines. An insurance company won’t even think of offering you any money if they believe you can’t establish a credible claim. Therefore, a strong prima facie presentation forces them to acknowledge that yes, you do have a strong case, which usually prompts them to engage in serious negotiations lest we take the claim to court. In addition, insurance companies arbitrarily set aside reserves for potential claims.

Should we approach them with a strong prima facie case, these reserves may increase as they want to avoid costly litigation and losing so much more in the event the case is tried in a court of law, as more often than not, judgments dwarf what the insurance company offers pre-litigation. Lastly, presenting a prima facie case complete with evidence, rationale for negligence, and so on signals to the insurance company or the defense attorneys that you are professional, serious, and organized and are prepared to do what it takes to recover compensation, making them sit up and take you seriously.

Here is a list of some of the items that make for a strong prima facie case:

1. Police or incident reports, which objectively document the scene and indicate initial fault
2. Witness statements which detail what eyewitnesses as regards the actions of the defendant
3. Videos and photographs of the scene complete with time-stamped demonstrating the dangerous conditions or your injuries or vehicle or property.
4. Documentation on the relevant codes and regulations that were breached
5. Initial medical reports, such as ambulance records, emergency room reports and urgent care notes that provide an objective record of your injuries shortly after the accident
6. Diagnostic imaging, such as MRIs, CT scans or X-rays, shortly after the accident
7. Medical bills, such as initial invoices from hospitals, emergency services, and so on
8. A letter from your employer confirming missed workday,s proving lost wages due to your injury
9. Receipts for any out-of-pocket expenses related to the injury, such as transportation receipts, purchase receipts for bandages, at-home care, and so on.

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Prima facie cases are incredibly compelling and without this presentation, an insurer may simply opt to send a denial letter. In addition, a complete prima facie package usually attracts a higher initial settlement offer compared to a vague claim. Lastly, it may expedite the path to compensation and resolution, as you may never see the insides of a courtroom or engage in mentally and financially draining courtroom litigation.

If you were harmed by someone else’s negligence, please call us NOW at (314) 481-63338 regardless of where you are in the country and we shall put together a prima facia case on your behalf so you can get the compensation you rightfully deserve. Thanks for choosing McCready Law, and we look forward to serving you.