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Originally Posted On: https://www.boettcherlawoffice.com/4-factors-that-impact-your-personal-injury-lawsuit-success/

 

What Are Your Chances of Winning a Personal Injury Lawsuit?

Discover the key factors that influence your chances of winning a personal injury lawsuit. Learn how evidence, liability, and damages affect the outcome.

About 25.5 million emergency department visits each year are due to accidental injuries. If you were recently injured due to someone’s negligence, hire an attorney. A personal injury lawyer will fight for the compensation you deserve.

What are your chances of winning a personal injury lawsuit? Four factors can affect the strength of your claim. Read on to learn more!

1. Your Personal Injury Lawyer

Hire an experienced, knowledgeable personal injury lawyer. A qualified lawyer is more likely to win your lawsuit. They’ll leverage their experience and expertise to maximize your claim.

The right lawyer for your personal injury case should have:

• Years of specialized experience
• A proven track record of winning cases
• An award-winning team behind them
• The respect of their fellow attorneys and clients
• Extensive and accessible resources
• Convenient office locations and hours

Having a top lawyer at your side will send a message that you’re prepared to win your case. The other party won’t pressure you to accept a lowball settlement.

A skilled lawyer will know how to present evidence to a jury. They can increase your chances of winning a case in court.

Finding Your Personal Injury Lawyer

Don’t hire the first personal injury lawyer you find online. Do your due diligence to find the best representation for your case.

Look for a personal injury lawyer with specific experience. There are nearly 50,700 personal injury lawyer businesses in the US. Personal injury attorneys cover:

• Car accidents
• Slip and fall accidents
• Medical malpractice
• Elderly abuse and neglect
• Premise liability
• Product liability
• Assault and battery
• Animal attacks
• Defamation

The attorney you hire should specialize in cases similar to yours. Ask when they last handled a similar personal injury claim. Ask about the outcome of that case.

Determine how long each attorney has practiced law. Consider how long they’ve specialized in personal injury claims. Compare how long each lawyer has handled cases similar to yours to gauge their level of expertise.

Experienced lawyers know how to investigate accidents and identify liable parties. They’ll evaluate the damages to maximize your claim.

Make sure they have experience negotiating with insurance companies. Otherwise, you may receive a lowball offer. Your lawyer should negotiate a top-dollar settlement on your behalf.

Ask how often their cases go to court. Determine what legal strategy they would recommend for your case. Consider their track record to confirm they’re capable of winning your lawsuit.

Ask each attorney on your list for client referrals. Look for a lawyer with a glowing reputation. They’ve earned that recognition by offering top-notch services clients can depend on.

Learn more about the lawyer’s resources and professional network. They may have a private investigator gather evidence for your case. A medical expert can speak about the severity of your injuries to strengthen your case.

2. Strength of the Personal Injury Claim

A winning personal injury claim requires strong evidence. The more evidence that exists, the stronger your case. This evidence will prove:

• The defendant had a duty of care
• The defendant violated that duty
• Their conduct caused you injuries
• You suffered legally recoverable injuries

The duty of care is a legally or societally recognized duty not to put another party in harm’s way. The defendant may violate that duty through unreasonably dangerous actions, inaction, or decisions.

To prove the defendant violated their duty of care, you’ll need evidence. Your lawyer may use witness testimonies, video footage, or medical assessments.

3. Availability of Helpful Evidence

It’s not enough to claim another party caused you injuries through wrongful action. You must prove it by gathering evidence. This will substantiate your claims and strengthen your case.

Your personal injury attorney will gather evidence before filing your claim. This can include:

• Expert testimonies
• Witness statements
• Medical records
• Police reports
• Traffic camera footage
• Photos and videos
• Surveillance footage

Try to gather this evidence immediately after sustaining injuries. Your lawyer can gather additional evidence during the discovery period.

During the discovery process, your lawyer and the opposing party can request and obtain evidence. They’ll use legal tools to gather additional information. This includes requesting depositions.

Evidence will establish cause and liability. It also allows your lawyer to determine how much your claim is worth.

To prove your losses, your lawyer will consider your medical bills and lost wages. They’ll also consider your pain and suffering or lost quality of life. An experienced attorney will know how to calculate these damages.

4. Actions You Take

The outcome of your case isn’t entirely up to your lawyer. The actions you take after an accident can affect your claim.

Immediately after an accident, gather video and photo evidence. Gather footage of the surrounding area. Try to document what caused the accident.

Write down everything that happened immediately after the accident. It’s normal to forget small details. Consider where you were going, what happened, and what led to the accident.

Seek medical care right away. Keep track of treatments, medications, bills, and appointments. Document your injuries, symptoms, and the progression of your recovery.

Follow up with a doctor after your initial visit. Otherwise, the opposing party will claim your injuries weren’t that extensive. They’ll try to minimize the severity of injuries and your claim.

Don’t speak with the other party’s insurance company without your lawyer. The adjuster may try to use something you say out of context. They’ll try to limit their liability and avoid paying what your claim is worth.

An experienced attorney will know how to recognize these tactics. They can communicate with the insurance company on your behalf.

Increase the Chances of Winning a Personal Injury Lawsuit

If you want to maximize your chances of winning a personal injury lawsuit, hire an attorney. Leverage their experience and expertise to prove the full extent of your losses. With their help, you can fight for compensation and maximize your personal injury claim.

Our lawyers at BDIW Law have 65 years of successful verdicts and settlements. We’ll maximize your claim with integrity and compassion.

We want to help maximize your compensation. You won’t pay unless we win your personal injury claim. Contact us today for a free case consultation.