Two principle fundamentals in a winning a civil case are: 1. Having good facts, and 2. Having someone who can deliver those facts with an eloquent presentation in a logical and simple manner. When someone claims they “have a great case”, that usually equates to ” I have great facts.” And great facts are the key to a winning case. If you have bad facts, then a good lawyer will argue the good law with hopes that the law is stronger than the less than favorable facts.
The perfect lawyer is hard to find, and likely, there is not one out there; there are lawyers who attempt to be perfect however. The undefeated lawyer is one who either does not take chances in life, has an ego problem, or is simply just too scared to lose; quite frankly, I would notwant that undefeated lawyer anyway because he only takes cases with excellent facts which makes his job much easier. Most often in law, I have found that persons in the greatest need of a good lawyer are those persons with decent or poor facts. Facts are those things that occur in an incident, or items that can be inferred by logical deduction or human conclusion.
For example, if two cars collide in an intersection and both drivers claim they had a green light; there are no eye-witnesses, and both think the other ran a red light. If both suffer injury, how does one prove either part was at fault for the vehicle accident? It’s tough. Under Nevada law, this scenario would likely end in a 50/50 jury verdict, as neither party could prove who did what. Of course this analogy draws the inference that everything was equal in the facts: that both drivers were equally credible, that neither driver had a criminal record involving deceit, the traffic light patterns did not indicate who may have been at fault, that skid marks did not play a role, that neither party was under the influence or intoxicated, that perception reaction time could not be calculated, that the visual perception of each driver was unobstructed, that neither driver was on his cell phone, that each driver was not in a hurry, etc, etc.
The point should be clear that one who is given simple, yet unconvincing facts, must do a proper investigation, be creative in his assumptions, and deliver those points effectively. Good Facts and Good Lawyering are keys to success in a personal injury matter.
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