The aftermath of an injury can feel overwhelming, both physically and emotionally. In addition to managing treatment and recovery, many individuals face the complex world of legal claims. While statistics show that 70% of people who file personal injury claims receive some form of compensation, navigating the legal system can be daunting.
What factors truly influence your chances of winning a personal injury lawsuit? Keep reading as we explore the factors that will impact your case and how you can increase your chances of winning.
How Often Do Personal Injury Cases Go to Trial?
Personal injury cases have a reputation for being lengthy and complex legal battles. Surprisingly, however, only 3% to 4% of personal injury lawsuits ever make it to court. Most are instead resolved through settlement negotiations.
Why is this the case? First, trials can be time-consuming and expensive affairs. Both parties involved in the lawsuit must invest significant resources to prepare their case, hire expert witnesses, and present evidence in court.
As a result, many individuals opt for settlements as a quicker and more cost-effective solution.
Additionally, trials introduce an element of uncertainty. It is impossible to predict with precision what a jury or judge will decide regarding liability or compensation. This unpredictability can make settling out of court an attractive option for plaintiffs and defendants who want to avoid potential risks associated with going to trial.
Factors Affecting Chances of Winning a Personal Injury Lawsuit
Several factors come into play when winning a personal injury lawsuit. These factors can significantly affect your chances of success in seeking compensation for your injuries and damages. Understanding these variables is crucial to maximize the likelihood of a favorable outcome.
Your Lawyer
Your lawyer is one of the most crucial factors affecting your chances of winning a personal injury lawsuit. A skilled and experienced personal injury attorney can significantly impact the outcome of your case. An experienced personal injury attorney will navigate the legal complexities, gather evidence, negotiate with insurance companies, and fight for your rights.
It is essential to have a lawyer with experience in personal injury cases. Personal injury law is intricate and constantly evolving. An experienced personal injury lawyer will know the ins and outs of personal injury cases and understand how to put you in the best position for success.
Communication is also vital when working with an attorney. Your lawyer should keep you informed about every step of the legal process and promptly respond to any questions or concerns. A good relationship built on trust and transparency allows for better collaboration.
Reputation plays a significant role, too. Lawyers respected within their field often have relationships with other attorneys and judges that inure to the benefit of their clients.
The Strength of Your Case
With personal injury claims, the strength of your case refers to the evidence and arguments you have to support your claim. There are two basic issues in any personal injury case: liability and damages.
Liability refers to the issue of fault. If the facts of the accident clearly establish that the other driver was at fault for the accident, then the only question is the amount of compensation that is appropriate. If the facts of the accident are disputed and/or if it is unclear who was responsible, then the personal injury claim is weaker, if not entirely unviable.
Damages refers to the elements that a personal injury claimant has a right to seek compensation for, including medical bills, lost wages, pain and suffering, scarring, and loss of enjoyment of life. The amount of compensation is usually directly proportionate to the severity of the injury, as more severe injuries usually mean greater medical treatment, medical billing, lost wages, pain and suffering, etc.
Availability of Evidence
Having documentation of your injuries is important. This includes medical records, medical bills, photographs or videos that depict the vehicles involved in the accident and the extent of your injuries, and payroll records to support your lost wage claim. These pieces of evidence help establish your injuries’ severity and long-term effects.
Witness testimony plays a significant role in a personal injury case. Eyewitnesses to the accident can provide their accounts of what happened, supporting your version of events. Their statements can help establish liability and support your claim that the accident was the cause of your injuries.
The Number of Liable Parties
The more parties that can be held responsible for your injuries, the stronger your case becomes. Having multiple liable parties can work in favor of the injured party because it increases the potential sources of money. Each responsible party may have insurance coverage or assets that can contribute to a settlement or judgment.
How to Increase Your Chances of Winning a Personal Injury Lawsuit
There is no guarantee that you will win a case. However, there are ways to increase your chances of achieving a favorable outcome in a personal injury settlement or lawsuit.
Seek Out the Medical Care You Need
This not only ensures that you receive proper treatment and can recover as fully as possible, but it also creates a record of your injuries and their severity. This record can be used as evidence in your case to demonstrate the accident’s impact on your health and well-being.
Take Prompt Action
Delaying seeking medical treatment may weaken your case. Insurance companies often argue that if you did not seek immediate medical attention, you must not have been seriously injured.
Gather Evidence
To increase your chances of achieving a favorable outcome in your personal injury case, you will need to gather evidence to support your claim. This includes photos of the accident scene, medical records and bills, witness statements, police reports, and other relevant documentation. It is important to collect this evidence as soon as possible after the accident while memories are fresh and before evidence is lost or destroyed.
Hire an Experienced Personal Injury Attorney
Having an experienced personal injury attorney on your side significantly increases your chances of a favorable outcome. An experienced personal injury attorney will have knowledge of the legal system and experience negotiating with insurance companies, which can be complex and daunting for unrepresented people.
Document Your Damages
In addition to documenting your injuries, keeping track of all the expenses and losses you have incurred due to the accident is important. This may include medical bills, lost wages, and property damage.
Be Prepared to Negotiate
Insurance companies often try to offer a low settlement amount to save money. It is essential to be prepared to negotiate with them and not accept an unfair offer. Your attorney will help you determine an appropriate settlement amount based on your damages, and if the insurance company is not willing to pay a fair amount, then your personal injury attorney can file a lawsuit and take the case to trial if necessary.
Be Patient
Personal injury cases can take time to settle, so patience is vital. Your attorney will work diligently on your case, but it may take some time before a fair settlement is reached. And if your case is one that requires the filing of a lawsuit, getting to a fair resolution can take many months, if not years.
Work With a Personal Injury Attorney in Virginia Beach
Many factors can influence your chances of winning a personal injury lawsuit, but our personal injury lawyers have the experience to put you in the best position for success.
Preston, Wilson & Crandley, PLC has been serving the Virginia Beach area since 1955. We have handled thousands of personal injury cases. Contact us today to discuss your case.