Common accidents and injuries in the U.S. result in close to 30 million people requiring emergency treatment and are the third-leading cause of death. The most common injuries are sustained from auto vehicle accidents, workplace injuries, and slips and falls. Additionally, people seek medical attention for animal bites, drowning, choking, and drug overdoses.
Many people are not sure if they have grounds for a personal injury claim and are uncertain about their chances of winning. You may be entitled to compensation if your injury was the fault of or caused by the negligence of a person, business, or government agency. In addition, you are entitled to compensation for the time you need to recover from your injuries, your medical costs, and the psychological effects of your injuries.
Chances of Winning a Personal Injury Lawsuit
Your chances of winning are linked to how your injury occurred, the supporting evidence of fault, and the representation of good legal counsel. In the US, up to 95% of personal injury cases are settled before making it to trial. Additionally, unless they have a competent lawyer, many cases making it to trial don’t stand much of a chance of winning.
From the moment you file a personal injury claim, your insurance might immediately decide to offer a settlement, which you can try and negotiate. However, they often try to draw out the claim process and offer an unfair settlement. If they are unreasonable, but sure your circumstances deserve compensation, you must file a personal injury lawsuit. This is a lengthy process, but there are some ways to increase your chances of success.
Increasing Your Chances of Winning a Personal Injury Lawsuit
There are several questions you need to ask yourself before embarking on a personal injury lawsuit:
- Can you prove the negligent behavior and recklessness that caused your injury?
- Do you have proof of the other part’s fault (photographic, written, or physical)?
- Who is the at-fault party that you can sue?
- Are you willing to be represented by a personal injury lawyer?
If you can answer yes to these questions, then proceed as follows to help improve your chances of winning your personal injury lawsuit:
- To prove the liability of the other party, collect as much evidence as possible.
- Ensure medical care for your injuries, and keep a copy of all your medical records.
- Each state has a statute of limitations, so don’t dawdle too long over your decision to take legal action.
- Approach an experienced personal injury lawyer who will determine your legal options and chances of winning.
- Listen to your lawyer’s advice, and refrain from sharing too many details about your case with others.
Which Factors Will Impact the Outcome of a Trial?
To win the trial and get a settlement, you need to establish negligence by the defendant. You must demonstrate each of these four elements at the trial.
Duty of Care
For the defendant to be liable for your injuries, you must show that you were owed a duty of care. For example, a driver must operate their vehicle safely, and a property owner has a duty of care toward visitors to their property.
Breach
You also need to prove that the defendant breached the duty of care owed to you, the plaintiff. The breach is either a reckless, careless, or intentional act that resulted in your injuries. For example, a driver that runs a stop or a doctor that made a surgical error is a breach of duty.
Causation
You must prove a direct link between a defendant’s negligence and your injuries.
Damages
You must establish that you suffered damages from your injuries to receive monetary compensation. There are different damages like lost wages, medical bills, pain and suffering, and reduced future earning power.
Conclusion
Once you have proved all the elements above to the court, it will determine the appropriate damages to award. As each situation is unique and legal situation varies by jurisdiction, your best chance in a personal injury lawsuit is with a lawyer by your side.
