BARE Law Firm LLC - Injured? Arrested? Need Help? We Care.
35 South Queen Street
York, PA 17403
Phone: 717-854-1900
Toll Free: 877-799-1900

Evaluating an Injury Case

The main factors in evaluating an injury case are Liability (Fault) and Damages (Injuries):

  1. The factors in determining LIABILITY include:

    • Conduct of drivers
    • Was fault admitted
    • Statements by parties or witnesses
    • Witness Statements
    • Police Report
    • Pictures / Video
    • Criminal Charges or traffic citations-violations of the vehicle code
    • Accident reconstruction


  2. DAMAGES are determined by two main factors:

    Seriousness and Permanent which include the following:

    • Type of Injury
      • Physical injury
        • Broken bones
        • Bodily injuries
      • Mental and Emotional Injury
        • Mental
        • Head injury
        • Cognitive/ Memory Loss
        • Post Traumatic Stress
        • Concussion
      • Scars, burns, or ongoing changes
      • Pre-existing injuries or diseases

    • Types of Treatment
      • Need for any surgery
      • Length of Hospital Stay
      • Implantation of any metal, plates or screws.
      • Physical Therapy
      • Home Exercises
      • Tens Units
      • Medications

    • Amount of recoverable Medical Expenses.
      • Medical bills paid by insurance
      • Type of insurance coverage
      • Amount of unpaid medical bills and out of pocket expenses.

    • Work Loss
      • Past, current or future
      • Working at the time of the accident
      • Amount of wages loss
      • Length of any Disability

    • Subrogation or reimbursement
      • Any wage loss of medical bills paid by other insurance or government benefits which must be repaid.

  3. Insurance Coverage Available

    • Coverage of own Auto Policy
      • Full Tort or limited Tort Selection
      • Coverage at the time of the Accident
      • First Party Coverage: Medical Bill, Work Loss
      • Collision coverage
      • Underinsured/Uninsured Motorist coverage

    • Coverage of at fault party
      • Amount of liability limits

  4. Child Support Arrears which must be repaid


  5. Property Damage Coverage

    • Deductible / Reimbursement
    • Cost of repair vs. Fair market value of property.
    • Pre-existing damage