The possibility of winning a personal injury case varies based on several factors, such as the type of claim you file, the amount of the claim, and the quality of the evidence you must support your claim. You also must consider the laws related to your claim to fully understand your potential for success.
Also, if you hire a personal injury accident lawyer, you can increase the likelihood of success for your claim. Keep in mind, though, that even if your case is successful, the amount you can recover from the at-fault party varies and depends on the severity of the accident, your injuries, and what type of documentation you have that supports what happens.
Personal Injury Lawsuits vs. Personal Injury Claims
Personal injury lawsuits are legal filings that you enter into the court system. They are filed by the injured party, or their attorney, against those who are liable for the accident and injuries. Personal injury cases are extremely common in falls, motor vehicle accidents, or if you are struck by an object or person.
Usually, a personal injury claim will be filed by the injured party with the at-fault party’s insurance company. For a car accident, the driver could file a claim with their own insurance company and the at-fault driver’s insurance provider before moving forward with litigation.
Litigation in a personal injury case occurs when the injured party (the plaintiff) files a formal lawsuit against the at-fault party (the defendant). The court where the lawsuit is filed depends on the laws that are applicable to the situation. The amount of time a personal injury case takes to finalize will vary. Speaking to a personal injury attorney early in the process can help you ensure that injured parties aren’t missing any important documents or deadlines in their case.
Filing a claim with the insurance company is a first step in personal injury lawsuits if the parties are unable to reach a settlement outside of court. Sometimes, insurance companies will try to “strong-arm” the claimant by not validating the claim or by offering compensation that is much less than what the injured party is owed. In this situation, the injured party can move forward and file a lawsuit to get a settlement amount that is fair.
It’s best to get in touch with a personal injury lawyer as early as possible in the process. Your attorney will be able to help you file the claim and increase your chances of success. In some situations, they may be able to help you avoid expensive litigation.
What Are the Odds of Winning Your Personal Injury Lawsuit?
The potential you have to win a personal injury lawsuit is not guarantees or known. However, there are some things you can do and avoid doing to increase the potential of a successful claim.
One element of this is filing your claim within the set deadline. This will ensure that you don’t lose your right to file a claim. Also, making sure that the expert witness testimony supports your claim can be beneficial.
Tips to Increase the Possibility of Winning Your Personal Injury Lawsuit
Additional steps you can take to increase the possibility of a successful personal injury claim are found here.
Get Medical Attention Right Away
Being checked out by a doctor right after your accident is imperative for your health and well-being. Along with protecting you and finding any injuries you sustained, medical treatment right after your accident provides documentation of what happened and a foundation for your personal injury claim.
Sometimes, people involved in an accident who suffer an injury may not go to the doctor. This may be because they feel “fine” after the incident. However, if you don’t seek medical care right after the accident, the insurance company may use this to discredit the entire claim.
Not all injuries are apparent right after an accident. However, they may appear later and cause serious issues. For example, if you have a traumatic brain injury (TBI), there may be no obvious symptoms immediately after the accident. In most cases, they will show up a few days or weeks after an accident. While you may not think that your headache is unusual after you are hit in the head, but it may be a warning sign of a more serious health condition.
Also, if your injuries get worse, you may have avoided it if you had sought medical treatment right after the accident. In the long run, not seeking medical treatment immediately can harm your ability to win your case. With the help of an experienced personal injury attorney, you may be able to overcome these issues, but it is always best to seek medical care right away.
Follow the Doctor’s Treatment Plan and Recommendations
It’s important to follow all recommendations from your doctor and keep up with your appointments. This will help you strengthen and support your case. The at-fault party and insurance companies may try to find other evidence that you were not injured as seriously as you claim to be. This may be shown if you miss doctor’s appointments or don’t follow treatment recommendations. You can avoid this by completing your treatment and following all the doctor’s recommendations.
Maintain Accurate Records
Be sure to keep accurate records of the statements you receive and your appointments. You can also take photos of your injuries and other aspects of the accident. This can reduce the opportunities you have to tell your side of the story. Also, if you were injured at a location where you signed a waiver, such as a health club, be sure to keep a copy of it. It can be helpful when determining liability for your injuries.
Don’t Admit to Fault in the Accident
Even though you may want to say you are sorry or admit fault, this is not a good idea. If you do this, you may lose your ability to recover compensation. Even if your statements are well intended, they can have a huge impact on your case and your ability to recover compensation.
Hire an Attorney to Help with Your Personal Injury Claim
If you are injured because of the negligence or fault of another party, you have rights. Be sure to hire a personal injury attorney to help you with your lawsuit and to ensure you receive a fair amount of compensation. Our team at Alvine Law Firm, LLP is here to help.
Personal injury lawsuits are often complex and need someone who knows the laws to ensure you are properly represented. With the right legal representation, you will have a better chance of getting the recovery you deserve.