Personal injury law is a highly specialized field, and personal injury cases can vary depending on the circumstances, plaintiff/ defendant cooperation, and whether skilled legal representation is present. The rules governing each lawsuit can be very complex and the financial compensation they provide to those who have been injured is substantial. Given that, it’s important to know what makes a good personal injury lawsuit and how that can impact your compensation if you’ve been seriously injured in any type of accident, regardless of the case reaching trial and regardless of having a personal injury lawyer.
Is the negligence of another party easy to prove in your personal injury lawsuit?
To be awarded personal injury damages, you must show that the other party was liable for your accident. It is not enough for you to simply show that the defendant was negligent or that their actions directly caused your injuries. Instead, you must prove that their negligence was a direct cause of your accident.
In addition to proving negligence, it may also be necessary to prove causation—that is, that there is no other reasonable explanation for why an injury occurred. For example: if two drivers both swerve to avoid a deer, and one person swerves to the other side of the road and hits another car head-on, you would likely need to provide more evidence than just one driver’s testimony before finding them responsible for any resulting injuries incurred by passengers in either car.
Damages don’t need to be serious to file personal injury claims. However, does your case center around the seriousness of your injuries?
When you file personal injury claims, it is important to know what constitutes a serious injury that would warrant compensation. The law in most states does not specifically define what makes an injury serious or minor. Instead, the legal arguments are left to the influence of personal injury lawyers, and the discretion of judges and juries who must consider all of the facts surrounding the case of the victim before determining whether or not it qualifies for compensation from the defendant.
In most personal injury cases, courts have ruled that damage caused by someone else’s negligence which resulted in physical pain and suffering or mental anguish was considered serious enough to be compensated by damages. The following are types of damages that should be included when determining whether or not your injuries qualify:
- Physical pain and suffering: this is immediate grounds to pursue compensation in the form of a personal injury lawsuit. The defendant may be liable to pay for medical care in the form of medical bills and more. Your personal injury lawyer will consult with medical professionals involved in your recovery to collect evidence of your injuries and medical care. In cases of serious injury such as brain or spinal cord injuries, you may seek to recover compensation in the form of punitive damages against the defendant. These actions either show victims were intentionally hurt in accidents and need of more compensation, or that the guilty party needs a more severe punishment for their negligence.
- Property damage: in many personal injury cases, there are not only medical bills but also property damage to each of the accident victims’ vehicles. In this instance, the liable party (and their insurance company) will be required to compensate the injury victims for their vehicle damage along with all other compensation in the form of a personal injury settlement. Lawyers may present resources like accident scene evidence highlighting your personal damages, and how the defendant was liable.
- Mental anguish (emotional distress): your mental state is nothing to overlook, and while it is often difficult to pinpoint a fair settlement for mental anguish, in claims like these, a dollar value can be attached to your mental suffering. Legal professionals might intentionally withhold information and lead their claims to trial in cases of severe mental anguish. Showcasing mental and emotional distress is often worth the hassle of testifying, as a jury can see the victim and become emotionally attached to their story. Rather than hearing a secondhand account, the jury can have the best possible chance to hear and feel the depth of the victim’s pain and suffering.
- Loss of enjoyment of life: as in cases of personal injury lawsuits, victims can have difficulty resuming their regular lives following traumatic accidents. Further, this loss of enjoyment will also be presented during settlement negotiations to better negotiate a fair settlement. The sooner the victim can receive a fair settlement to their claim, the sooner they can move on and resume the healing process.
- Loss of earning capacity or loss of income: in many personal injury claims, loss of earning capacity and medical expenses are costlier than their initial personal injuries. A person may be short on money following an accident, unable to support themselves and their families moving forward. You must factor this into the settlement itself, especially since claims like these can drag on for months or even years.
Can your lawyer easily prove liability in your claim?
To succeed in your injury case, your claim must center around proving the other party was negligent in the accident. This is typically accomplished by proving that they did not take reasonable care when they were engaging in an activity and their negligence resulted in your injury.
A good example of this would be a vehicle collision where one driver ran a red light and hit another vehicle. If you were driving behind this driver and suffered injuries as a result of the crash, then it would be your burden to show that he or she was negligent or intentional by running the red light. Once your claim has proven this element of liability, then it is up to them (the person who has been found at fault) to prove that their actions were reasonable under the circumstances or otherwise known as “acts of god.”
Regardless, a good legal professional needs to have a plethora of information and resources to understands the rules that govern these accidents, and how to collect proper compensation for their clients. These resources aren’t limited to simply proven liability with evidence, your legal representative must file many documents on your behalf in a timely manner. There are many benefits to staying ahead of these deadlines, such as being able to prove your due diligence.
Do you have strong evidence to prove your claim?
As legal professionals, it’s not enough to just have a client who says they were injured in an accident. You need information or proof that supports their story, and can stand strong against various legal arguments. A good personal injury lawsuit has strong evidence:
- Photos of the scene of the accident. These can be useful for showing how fast your client was going when he or she hit another car and how much damage was done by the impact and its aftermath.
- Witness testimony from people who saw what happened before or after your client got into his or her vehicle (for example, a witness who saw someone else run out between cars at an intersection). Expert witnesses can rank among the most valuable forms of information in a personal injury lawsuit.
- Medical records documenting injuries sustained in the accident and any treatments that followed. Any other relevant documentation related to this—such as police reports detailing any criminal activity involved with the incident—should be presented by your lawyer.
Do you have an experienced personal injury lawyer representing your case? Has your lawyer brought you up to speed on your claim and personal injury law?
A lawyer who has been practicing for years will know the ins and outs of California law, as well as how best to present your case in court. An experienced legal representative will also give you personalized attention and make sure that you have all the information you need to make an informed decision about what happens next.
An experienced attorney can help negotiate with insurance companies, which is especially important if they offer a settlement outside of court because it means less time and money spent on legal fees and court appearances.
They may also come with entire legal team, the connections to collect other information (such as medical bills and police reports) should the case head to trial. Your legal representative can act as a liaison for each person or party involved in the lawsuit, or even act as a mediator working to prevent the lawsuit from reaching trial. In the instance your case goes to trial, personal injury lawyers have experience proving liability in court, and can often influence the final jury verdict. Regardless, personal injury attorneys can fight on your behalf and ensure the law is on your side. They simply have the right experience handling accidents such as these, and allowing their client to resume their regular business following these accidents.
If you’re scoping out a good law firm, we recommend reviewing their potential clients, testimonials, other cases they have covered, whether they have hourly rates or operate on a contingency fee basis/ retainer agreement.
What defines good personal injury cases?
The best personal injury cases are those that are the most straightforward. The more complicated a lawsuit gets, the less likely it is to succeed. Most people will want to pursue damages from an insurance company or another party who has injured them in some way. However, there are some things you need to keep in mind when filing a claim for your injuries, whether or not your lawsuit hits trial.
If you’ve been injured in an accident that wasn’t your fault, our team of lawyers can help you take legal action
If you have been injured in an accident, it’s important to take legal action as soon as possible. You need experienced legal professionals who can help you get the compensation you deserve. Our personal injury law firm is dedicated to our clients during every step of the process. Not only will you work one-on-one with a dedicated team member, you don’t have to pay until we win!
If your injuries were caused by someone else’s negligence or recklessness, we can help you pursue a claim for compensation for your pain and suffering, medical expenses and loss of earnings.
We know how stressful a personal injury is for our clients so we always do our best to make sure that their case progresses quickly with minimal disruption to their lives. You won’t be left waiting around for months while we deal with paperwork or other tedious tasks – we will handle everything from start to finish so that all you have to do is concentrate on recovering from your accident without worrying about anything else!
We have the resources and dedication to get you the proper compensation for your claim. We’ve handled accidents in every field, and have the knowledge to help you too. You can either request information directly, or contact our team of personal injury lawyers here to get the money you deserve and take back your life!
