In this video, Washington State Attorney Jennifer Witt explains the three requirements, or "Three Pillars" of a successful personal injury case. In a nutshell you need liability, damages, and recoverable assets (or insurance).
WittLegal.com | (360) 792-1000
When it comes to personal injury cases, success relies on the foundation of three essential pillars: liability, damages, and recoverable assets. Each plays a crucial role in determining whether a claim is viable and how much compensation can be secured. Let me explain what these pillars are and how they interact to form the backbone of a strong case.
An example of something held up by three pillars is a tripod used for a camera or telescope. Each of the three legs serves as a crucial support—if one is missing, the tripod cannot stand securely, and whatever it is holding becomes unstable or falls.
Similarly, in a personal injury case, the three pillars of liability, damages, and recoverable assets work together to support the case. If any one of these "legs" is weak or missing, the foundation of the claim becomes shaky, and the case may collapse. Just as each leg of the tripod must be strong to keep it balanced, all three pillars in a personal injury case must be well-supported for success.
1. Liability: Establishing Fault
Liability is the foundation of any personal injury case. To win, we must prove that the defendant is responsible for causing your injury. This involves demonstrating the following elements of negligence:
Duty of Care: The defendant had a legal obligation to act in a way that prevented harm.
Breach of Duty: They failed to meet that obligation by acting negligently or recklessly.
Causation: Their actions directly caused your injuries.
Foreseeability: The harm was a foreseeable consequence of their negligence.
Liability is often established through evidence, such as police reports, witness statements, surveillance footage, and expert testimony. Without proving liability, even the most severe injury case has no legal standing.
2. Damages: Demonstrating Losses
The second pillar is damages, which reflect the actual losses you’ve suffered as a result of the injury. In personal injury law, damages fall into two categories:
Economic Damages: These are tangible, calculable losses, such as:
i. Medical expenses (past and future)
ii. Lost wages or earning capacity
iii. Property damage
Non-Economic Damages: These are intangible losses that include:
i. Pain and suffering
ii. Emotional distress
iii. Loss of enjoyment of life
To prove damages, detailed documentation is essential. Medical records, bills, pay stubs, and testimony from experts—like vocational analysts and economists—demonstrate the scope of both past and future losses. Even if liability is clear, without evidence of damages, there’s nothing to recover.
3. Recoverable Assets: The Means to Pay Compensation
The third pillar is often overlooked but is just as critical: recoverable assets. Even if liability and damages are well-supported, the defendant must have the financial ability to pay compensation. This typically comes from:
Insurance Coverage: Most personal injury cases rely on the defendant’s liability insurance, such as auto insurance, homeowners insurance, or business liability policies.
Personal Assets: In cases where the defendant lacks sufficient insurance, their personal assets may be pursued—though this can be challenging if they lack significant wealth.
An experienced attorney will investigate the defendant’s insurance policies and financial status to ensure there is a viable source of recovery. Without insurance or assets, even a strong case may not result in compensation.
How the Three Pillars Work Together
These three pillars—liability, damages, and recoverable assets—are interconnected. Liability establishes fault, damages quantify the losses, and assets determine how compensation is paid. For example:
If liability is weak, proving the defendant caused the injury becomes difficult.
If damages are unclear, compensation may be minimized or denied.
If there are no assets to recover from, the case may be legally successful but financially fruitless.
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Witt Law Group PS
www.WittLegal.com
(360) 792-1000
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