A Guide to Win a Personal Injury Lawsuit
Car accident victims often felt nervous about winning a personal injury lawsuit. The legal battle of compensation for financial losses seems easy. However, one wrong step can complicate the entire process and cause, denial or painful delays.
Expert car accident attorneys can help you win a personal injury lawsuit in such a situation. Before we delve into the role of a legal expert, let’s understand all the relevant concepts in detail to increase the chances of winning a lawsuit.
What is a Personal Injury Lawsuit
A personal injury lawsuit is a legal case filed against the driver or entity due to which a person suffers personal injuries in a car accident. Also known as Torts Law, this legal aid helps victims recover losses as financial compensation for property damages, medical bills, and loss of wages.
Common Personal Injuries
However, personal injury lawsuits vary from state to state and injury to injury. Not every injury is entitled to a lawsuit. Therefore, understanding the intensity of your injuries and state laws is important if you live in the US and hold an insurance policy. Common personal injuries include;
- Vehicle accidents
- Slip and fall
- Workplaces accidents
- Medical malpractice
- Nursing home abuse
How to Win a Personal Injury Lawsuit?
The chances of winning a personal injury lawsuit depend on multiple factors, one is the clever insurance company that would try to prove the plaintiff’s claim is wrong. They will investigate the causes of the accident and will put allegations of negligence or fault on the plaintiff to avoid compensation. Therefore, a car accident attorney can pursue the case more efficiently against the wrongdoings of insurance companies.
Proofs and Witnesses
The stronger the evidence and witnesses, the more the chances to win the compensation. There, a professional auto accident attorney will always guide you in gathering the evidence; for example; pictures and videos of incident sides, videos of witnesses, etc. This evidence will help your personal injury lawyer strengthen the case and increase the liability over the defendant. Thus, your chances of winning the compensation will likely multiply.
The Quick Timings
Just like any other field, car insurance company always guides you to recognize the bad faith of the insurance company. Your attorney will suggest filing the personal injury case as quickly as possible to meet the statute of limitations of the state where the accident happened.
The Science of Contributory Fault
Contributory fault refers to your contribution to the car accident, for example not wearing seat belts during driving can be a defendant’s claim hinting towards your fault to receive injuries. The effects of contributory fault vary from state to state and save insurance companies from liability.
As in some states, like California, if you are even 99% at fault and the other party is 1% at fault for an accident, you can still file a lawsuit and seek compensation. However, in a few states, if you are even only 1% at fault for an accident, you can not seek financial compensation or insurance pay.
Role of a Personal Injury Attorney
Not every lawsuit ends up as a win. Data reveals that only 5% of the personal injury cases in the USA reach the trial process. And 99% of those cases are not successful in favor of the plaintiff. Here, the role of a personal injury attorney is significant to increase your chances of winning the lawsuit.
Winning by Settlement
Winning by settlement means the plaintiff and defendant agree upon a certain monetary fund as compensation for financial losses due to personal injury. As you file a claim with the insurance company of an at-fault driver, the company will offer a settlement, if you agree to the terms, you will receive monetary funds as compensation.
Winning by Trial
Sometimes, the at-fault party’s insurance company, acting in bad faith, offers you a non-negotiable settlement. In such a situation, seek advice from a personal injury lawyer and go for a trial. However, sometimes winning a trial might offer you less compensation than winning by settlement as the trial’s decision relies on the judge’s decision.
Quick Tips
Your attorneys’s years of expertise, strong evidence, and apt response to the defendant’s insurance company can help you win the personal injury lawsuit.
