According to research, about 4.4 million people sustain injuries in road accidents annually. Besides, millions suffer significant emotional and physical harm due to other incidents resulting from negligence.
When you sustain a personal injury, you might incur medical costs. Further, you may be unable to work until complete recovery and suffer other long-term financial losses.
Filing a claim against the liable party with help from a personal injury attorney can help recover some damages. Still, other factors may determine the viability of your case and the chances of winning.
Here, we explain the aspects that may determine the probability of receiving reimbursement for personal injury.
Presented Evidence
The evidence presented when filing a personal injury case will impact the success chances. Insurance companies and courts require your lawyer to prove that claimed damages resulted from negligence. They must also connect another party’s liability to the incident that caused harm.
Another aspect a personal injury law firm must establish when presenting a case is the value of damages. Your lawyer should submit documents showing the sustained injury is worth a given amount. Insurers will then review the provided proof to determine if it is satisfactory.
If your attorney presents enough evidence when filing a case, the chances of winning rise. On the other hand, they may lose if they fail to prove each claim element.
Some items a personal injury lawyer may present as evidence are:
- Video surveillance footage
- Witness testimonies
- Image of the sustained damages
- Statements from an accident reconstructionist
- Police reports
Gathering evidence after an accident can help your lawyer compile a claim file faster. Besides, it allows them to build a solid case against the party at fault.
Maintain receipts of all the costs incurred due to the incident and resulting injuries. Further, exchange information and contact details with other parties before leaving the scene. These will guide a lawyer when establishing fault and can boost winning chances.
The Measures You Took After an Accident
The steps you follow after sustaining a personal injury can affect the possibility of winning. For example, if you reported the incident to the police, your lawyer is more likely to recover damages. However, if you fail to forward the case to authorities, the attorney requires concrete evidence to support your claim.
When your lawyer files a personal injury lawsuit, they may need to present a medical report. Such will confirm that you sustained specific injuries. It may also prove you followed doctors’ instructions on caring for wounds.
A personal injury lawyer will be in a better winning position if they present a detailed medical record. Hence, they may ask you to undergo several tests before submitting a claim. Besides, they will work with your doctor to assess and prove your future medical needs.
Failure to follow doctors’ guidelines affects the chances of winning a personal injury case. This aspect is since the court may consider you partially liable for some damages.
Avoid such issues by attending follow-up appointments and taking your medication. Further, consult a doctor immediately if your condition worsens.
Liability
Liability is another factor that may affect winning a personal injury claim. If you live in a state applying modified comparative negligence, you can only recover compensation if you are less than 50% at fault.
Hence, if the court determines you contributed 40% of the damages, your lawyer may win the case. However, you will not receive a settlement if your percentage of fault is 51% or more.
Winning a personal injury case in a state applying comparative negligence can be tricky. Your lawyer must verify that another party also contributed to the injuries. Further, they should back up each claim with enough evidence.
Some states apply no-fault laws to personal injury cases. Hence, it may be easier to recover damages from an insurer provided your lawyer submits enough proof. Still, the attorney may need to defend the case against the liable party if the damages exceed your policy’s limit.
Admitting Fault
Admitting liability for personal injury may affect receiving a personal injury settlement. For example, if you apologize for an accident, the insurance company may deny compensation. This issue will arise because the company may consider your apology an admission of fault.
Contacting a personal injury lawyer after sustaining injuries can avoid such issues. The attorney will guide you on how to file a police statement. They can also mention the incriminating phrases and words to avoid.
If you admit fault for personal injury, you should not panic. A personal injury lawyer can use other methods to prove that the incident was not primarily your fault. This step may avoid fatal results for a personal injury case and boost the chances of a better outcome.
If the Liable Party Has an Insurance Policy
If you sustained injuries caused by a party carrying an insurance policy, the chances of winning could increase. This aspect is since the party may be in a position to pay the amount you claim.
The chances of winning a personal injury claim against an uninsured party are limited. The probability may also reduce further if they file for bankruptcy.
Due to these aspects, many personal injury lawyers advise against claiming compensation from uninsured parties. Still, they may recommend this step if they are sure the at-fault party has enough assets to cover damages.
An ideal way to recover compensation when injured by an uninsured party is by filing a claim against your insurance company. A personal injury lawyer will gather evidence and evaluate the value of sustained damages.
In most cases, the claim’s value will depend on the extent of harm and the percentage of fault. If you would like to assess the compensation you may receive, browse some personal injury settlement amounts examples online.
Understand Factors Affecting Outcomes When Working With a Personal Injury Attorney
While working with a personal injury attorney can help you get justice, other issues may affect the case outcome. Learning about these aspects may ensure you know what to expect and prevent costly mistakes. It also allows you to understand how external factors influence the personal injury lawsuit timeline.
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