DO  I  HAVE  A  CASE?

This question usually comes after a long and disjointed tale of woe. In answering it a lawyer will generally apply two tests: tort (wrong) and damages.

The first issue is: have you been wronged. Did the person who wronged you have the right to do what he did or was it wrong in the eyes of the law? Even if he was in the wrong, is he protected from being sued? For example, employees covered by Worker's Compensation generally cannot sue their employers. This question usually involves legal questions which are beyond this article: read the next paragraphs and then phone and ask.

The other and more fundamental question is: what are your damages? What has the "wrong" caused you? How much money are you out of pocket? How much money would you have received if not for the "wrong"? How much pain did the "wrong" cause you? Damages that can easily be quantified in monetary terms are usually easier to collect.

The seriousness of the wrong may have little to do with the quantum (amount) of the damages. For example a pharmacist may prescribe a deadly poison but you may realize it before taking it.  In this case your damages are minimal.  On the other hand a motorist, through a nanosecond of inattention may render you a quadriplegic.  Your damages would then be extremely large.

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