If you’re entering or in the midst of a personal injury lawsuit, you may wonder about your chances of winning your case.
Several factors and details can affect your ability to win your case. Hire a personal injury attorney to represent you in your lawsuit to increase your chances of a successful outcome.
Kinds of Personal Injury Cases
Personal injury lawsuits only arise in certain situations. Just because a person sustained an injury does not mean they have a valid claim for compensation.
Usually, personal injury cases arise when a person has suffered an injury caused by another party’s negligent or intentional act or omission.
Some common accidents that result in lawsuits include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Bus accidents
- Bicycle accidents
- Falls
- Dangerous/defective products
- Toxic exposure
- Premises liability
- Wrongful death
- Construction accidents
- Professional negligence
- Workplace injuries
- Pedestrian accidents
- Burn injuries
- Sports injury
- Assault and battery claims
Depending on the case, you may start by filing an insurance claim before moving on to a lawsuit. In other cases, you may skip straight to filing your personal injury lawsuit.
Determining whether you have a viable case requires investigating your injury and who caused it.
When you do have a valid claim, filing a personal injury lawsuit can afford you the opportunity to pursue the justice and financial recovery you deserve.
What Does “Winning” Mean in Regards to a Personal Injury Lawsuit?
“Winning” means different things concerning a personal injury lawsuit.
Essentially, winning a lawsuit means you’ve gotten what you wanted out of it, which is typically favorable compensation for your injuries and losses.
However, the exact meaning of winning depends on how you resolve your lawsuit and recover financially.
Winning by Settlement
Winning by settlement is the most common way to win a personal injury lawsuit.
A settlement occurs when the parties involved in the lawsuit agree to resolve the case or settle. When a case settles, it doesn’t need to go to trial.
Many claimants achieve a settlement after insurance negotiations. During negotiations, both parties communicate back and forth until they reach a figure that everyone agrees to.
While a pre-trial settlement is usually the goal, it doesn’t always go as planned. You may need to go to trial to win your case.
Winning at Trial
Not many personal injury cases actually see the inside of a courtroom. In fact, only about 3 percent of personal injury lawsuits end up in court. However, taking your case to trial may give you the best chance of winning under certain circumstances.
During trial, your attorney and the opposing party’s attorney present their cases and evidence to substantiate their claims. At the end of the trial, the judge or jury can decide who has won. If you win a judgment, the defendant pays, and your case officially ends.
Factors That Could Improve Your Chances of Winning Your Personal Injury Lawsuit
Certain things can make or break your chances of winning your personal injury lawsuit. The following are some of the most significant ways to increase your chances of winning your injury case.
Hiring a Skilled Personal Injury Lawyer
First and foremost, place hiring a lawyer at the top of the list of the best things to do for your personal injury case.
An attorney has the right skills and experience to handle your case timely and appropriately. From investigating your case, gathering evidence, calculating your damages, and handling settlement negotiations, a personal injury lawyer does it all on your behalf.
An attorney is your best ally in your legal battle. If you try to navigate the process alone and you make errors, your entire financial future can be in jeopardy. Never risk this - seek legal representation immediately once you realize you suffered a personal injury.
Obtaining Strong Evidence
Simply making claims like, “This person is responsible for my injuries,” is never enough to win a case. Instead, you must take the necessary steps to prove your claims.
One of the best ways to strengthen your case is to obtain pertinent evidence.
Good evidence varies by case but often includes:
- Police reports
- Medical records and bills
- Photos and videos
- Surveillance footage
- Witness statements
- Expert statements
An attorney knows how to gather and use evidence for your claim.
The Steps You Take After Suffering Your Injuries
You may not think much about what you do in the hours and days after suffering an injury but believe that many things affect your rights and claim.
A personal injury attorney can give you personalized advice on what you should and shouldn’t do after an accident and sustaining injuries. Still, the following can put you on a good path.
Seeking Medical Attention
Getting prompt medical attention is critical if you’ve suffered an injury at the hands of another.
Understanding the important role of medical records in a personal injury lawsuit helps. Everything gets documented in your medical records when you first seek medical care. These records play a vital part in your case, serving as evidence to prove the extent of your injuries.
Get medical attention even if you don’t know if you suffered any harm. Medical tests can identify invisible injuries or those with delayed symptoms.
For example, if you’re in a car crash and don’t see or feel anything of concern, it doesn’t mean you’ve walked away unscathed. Injuries caused by certain accidents and trauma to the body sometimes take several hours or days to surface.
When you get medical attention, whether at an emergency room, urgent care, or with your primary care physician, this communicates that you take your health seriously and care to know what injuries you suffered.
Proving the severity of your injuries and the care you received can affect your case considerably.
Completing Medical Treatment
Seeking medical attention is only part one. The next step is just as important.
When you receive medical care and a diagnosis, your healthcare provider will likely provide a treatment plan. Depending on the seriousness of your injuries, this plan can be simple or extensive.
Regardless of how simple or involved your treatment plan may be, respecting the process and following through with your medical treatment is key.
Refusing treatment or quitting halfway through can reflect negatively on you. Upon reviewing your medical records, the insurance company will quickly determine your injuries were not as bad as you claim if you didn’t bother with treatment.
Not only can medical treatment help you recover physically, but it can also affect your ability to win your case and recover financially.
Avoiding Insurance Company’s Traps
Insurance companies are difficult to deal with. This reputation usually comes from the various traps and tactics they employ to limit liability and avoid paying out what your claim is truly worth.
After an accident, the at-fault party’s insurance company may contact you to request a recorded statement, claiming they just want your side of the story. While this communication may seem innocent enough, they have ulterior motives. When you agree to give a statement, they can then try to twist your words and use them against you.
Additionally, insurance companies may offer you a quick settlement. Many injured victims want to settle rapidly, especially as the medical bills start coming in and the financial burden weighs heavy.
However, when the insurance company provides an early settlement offer, it’s usually much less than your case should be worth. They do this with the hope you’ll agree and resolve your case quickly, which can save them money in return.
You may not know how to avoid these common traps, but personal injury attorneys do. Yet another reason to hire a lawyer is for proper guidance.
Acting Promptly
Simply put, waiting too long can affect your ability to ever win a lawsuit.
After suffering an injury, you don’t have forever to file your personal injury lawsuit. Every state has statutes of limitations, which restrict a plaintiff’s opportunity to file their claim in court. Statutes of limitations for personal injury cases range from one to six years, depending on state law.
You may have the chance to file your lawsuit after time expires, but your chances of a successful outcome are slim. Upon noticing the statute of limitations has run on your claim, a judge can quickly dismiss your case. Worst of all, if your time runs out, you essentially forfeit your right to ever win and receive monetary recovery.
The quicker you take action and begin working on your case, the better your chances of winning.
Details Affecting Your Personal Injury Claim
Many things can affect the value of your case and also your chances of winning your lawsuit.
The Extent of Your Injuries
Generally, the more injuries you suffer and the more serious your injuries are, the more your case is worth.
Sustaining injuries can be expensive, point blank. When your injuries are extensive, you’ll likely require more costly medical treatment.
Not only do your injuries strongly affect the value of your case, but they can also make it more challenging to win your case.
Even though the insurance company may have an obligation to pay, it doesn’t mean they want to. Consequently, insurers will fight hard to avoid paying more than they have to. This, in turn, can mean a rougher legal battle for you.
Your Damages
Damages allow you to recover financially for your accident and injury-related costs.
You may not only need to recover compensation for your medical bills but also for other tangible and intangible losses, including:
- Lost wages
- Diminished earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Permanent disability
Again, the more costly your damages, the more the insurance company will want to fight back. This doesn’t mean you won’t get your money, but you may need to take a tougher road to get there.
Insurance Policy Limits
When your case involves the at-fault party’s insurance, you must take note of the policy limits. Policy limits are limits on coverage, representing the maximum amount of money the insurance company will pay for a claim.
While policy limits may work to sufficiently compensate victims in certain cases, they’re not always enough. If you suffered catastrophic injuries and the insured’s limits are minimal, you may need to fight for more compensation to cover your losses.
Jurisdiction and Venue
Believe it or not, the actual physical location of your lawsuit can play a part in your success.
Your case’s jurisdiction refers to the court that has authority over your lawsuit. The venue is where the claim goes to trial if need be.
Some jurisdictions and venues are more favorable for plaintiffs, while others are beneficial for insurance companies.
Compensation Caps
Every state’s laws are different, but some states cap the compensation a plaintiff can receive.
For example, in some states, there are damage caps on non-economic damages, which represent your intangible losses. Additionally, where they apply, states may cap punitive damages, which punish defendants who caused the plaintiff’s injury through malicious or intentional actions.
Create a Winning Partnership with a Personal Injury Attorney
When you hire a personal injury lawyer to handle your claim, you’re truly giving yourself the best chance of winning your case. A seasoned attorney can have an immeasurable impact on your case. They also charge nothing upfront to begin working on your case.
Therefore, after suffering an injury but before proceeding with an injury claim, consult a personal injury lawyer.
