What Does It Mean?
A client called me about a fall down case and she fell going into a business. Like all cases, I encourage people to ask lawyers questions because they know how cases works and it is important for you that there could be something about the case that could be put together that you might not be familiar with. But an attorney might.
This involves fall down case, a lady is going to a business. She then tells us there is a huge crack in front of the door. The article today is about does your case pass the sniff test, or is a jury going to take a look on your case then say you are out of your mind.
In this case, I ask the lady to take photos because I need to see what it is that caused them to fall. It is better if they have photos, if they do not, like this one case I had where a lady got hit by a car, I will go out to take photos so I can figure out where it happened. Scene investigation is important so are photos, but if a client can do it or an injured person can do it for me, it makes everything faster.
She sent me the photo and it is a small crack on a level ground and looking around the area, there were no theory of liability that would survive. Many people does not realize that when you go to court and the judge sees, based on the facts you are pleading and there is no way you can win, they will dismiss your case. That is called either a motion to dismiss or a motion for summary judgement. It is fast for a defendant to get rid of a case and it is not good for us.
Injury Lawyers Don't Waster Their Time
Injuries are real, but how they are sustained based on law, it is very unfortunate that in many cases it cannot be recovered. The idea is many lawyers are fixated on legal end of it, we meet our burden of proof at trial, or when a lawyer says that they can meet the burden of proof it means do they have legal elements that the judge cannot dismiss the case.
It is a big mistake for a lawyer to not do that and it is a waste of time, but here is another part of it that I wish more people would be aware of; The burden of persuasion or what I like to call the sniff test. I had to tell this lady who fell that a jury might see the crack where you stepped up as you went to business but will not be convinced that you can sue about that. We may also have a problem with the burden proof because there are rules about how big a defect has to be in order for you to sue. This is not limited to fall down cases, it is car crashes.
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Talk To A Lawyer First
I had a guy call me. They hit a parked car but the car was illegally parked, he wanted to sue the illegally parked car. I told him him that you are making a valid theory as to why should you sue him but in the face of a jury you were driving a car and hit another, that is not going to pass the sniff test.
One caution I will tell you about the sniff test is that it is a good idea to talk to a lawyer about a case, because there may be a different way of looking at the case that you haven't considered. Many lawyers like me are friendly, nice, and generous with their time. It make sense for you to talk to a lawyer, the phone calls and the consultations are free. If you do not have a case or the lawyer thinks you do not have one, walk out the office or hang up the phone. It does not cost much but by doing so, you would know how they see your case.
The moral of the story is not just doing things in technical and legal ways, but sometimes in order to win a case, you are in front of a judge, the case has to pass the snip test. If you've been injured and you need to talk or you have any questions, I offer a free no-obligation case strategy session.
You can reach me 24/7 at 312-540-500. I am happy to answer your questions or you can get more information at my website at www.DeSalvolaw.com.
