The decision to decline or pursue a case depends upon an early assessment of case strength. Case strength is primarily determined by assessing the elements of negligence, case economics, and subjective appeal. For plaintiffs, a strong case is one that is likely to succeed, at settlement or trial, with a high net return. For defense, a strong case implies a probability of victory or dismissal with minimal downside risk.
Test your Legal Case IQ by reading the following case vignette and then assigning a score (1 to 10) to each key metric.
The total (Max = 30) reflects the overall Case Strength Score™.
A 76-year-old woman was the restrained passenger in a car stuck by a second vehicle. Paramedics took her to a local emergency department where a chest X-ray revealed two rib fractures. All other testing was negative and she responded favorably to pain medication prior to discharge. Approximately two months later, she developed a painful cough that she reported to her physician. A subsequent X-ray found a 3-cm mass in her right upper lobe that proved to be an advanced squamous cell lung cancer with metastatic spread. Despite surgery and chemotherapy, she died 3 months later. A review of her ER chest X-ray revealed that the tumor was present, but missed, on the original interpretation.
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