Every day, you probably see news about car crashes, animal attacks, workplace accidents, slips and falls, product defects, etc. All these can lead people to develop serious injuries like organ damage, internal bleeding, and broken bones. Due to the severity of these conditions, treatment can cost a fortune.
That’s why victims seek compensation from the at-fault parties. For instance, a personal injury lawyer can help you negotiate claims from insurance providers based on the type of injuries and medical expenses. Even then, your winning chances in such cases depend on a few unique factors.
In this blog, we will discuss five such things that can affect the outcome of a personal injury case.
1. Determining Negligence
According to the Loewy Law Firm, anyone injured in accidents caused by someone else’s negligence is eligible to seek fair compensation for the damages caused. Negligence accounts for the failure to intentionally or unintentionally use reasonable care during the accident. It’s one of the main factors you should consider when pursuing such cases.
Once negligence is established, you’ll have a clearer picture of the personal injury case. For example, you’ll have a better chance of winning the case once the other party is proven to be responsible for causing harm. That means the insurance company, judge, or jury will be in your favor.
2. The Duty of Care
Duty of care is a legal obligation you have towards people to take reasonable actions for their safety. Your lawyer will help you understand the duty of care that’s owed to you by the at-fault parties.
Let’s say you live in Texas. In that case, you’ll be expected by law to exercise a degree of care to minimize harm and negligence. For example, you can get sued if a delivery person sustains an injury while on your property.
During an accident, both parties should have taken reasonable precautions to avoid causing harm to each other. When that’s breached, the injured parties can receive settlement amounts for the damages caused.
For example, you’ll win the case if you were a victim of a hit-and-run accident because the at-fault party failed to uphold their duty of care. That means your winning chances will depend on the actual damages resulting from the causation between the harm suffered and the breach of care.
3. Damages Caused
According to the World Health Organization (WHO), almost 1.19 million people lose their lives due to vehicular crashes each year. Most of the victim’s families receive wrongful death compensation from insurance companies due to the at-fault party’s negligence and improper duty of care.
Forbes states that the type of injury and damages play a huge role in determining the financial payouts you deserve. It can also depend on the extent of property damages and the amount spent on medical expenses. The insurance companies will approve claims based on the type of damages you have suffered.
Let’s say you’ve developed a permanent disability, disfigurement, or scarring. In that case, your insurance claims will have a higher value as compared to cases with minor injuries. The mental trauma you faced because of this accident will also affect the outcome of the case.
4. Strength of Evidence Collected
The legal industry believes that the amount and strength of the evidence collected from accident sites will significantly impact a personal injury case. It will help your lawyers negotiate the claims with insurance carriers or the judge. This evidence will help prove liability, establish facts, and determine the damages.
Examples of evidence include video footage, police reports, eyewitness testimonies, medical records, etc. This information will be enough to establish a personal injury case and prove liability. If the evidence is weak, you probably won’t receive the deserved compensation.
5. The Lawyers Hired
Your winning chances will double the moment you involve an experienced personal injury lawyer. But did you know that not every attorney with experience in personal injury can fight your case?
Let’s say you were involved in a hit-and-run accident. If you want the right compensation, you must find a lawyer in your city who specializes in such cases. They’ll know how to establish liability and the type of evidence you’ll need.
Moreover, these lawyers will help negotiate with insurance companies or the judge to increase your winning chances. But remember to check their experience, ability to perform settlement negotiations, contingency fees they charge, etc.
In conclusion, personal injury cases can be complex, depending on your unique circumstances. Even then, the factors affecting the claim’s outcome will remain the same.
As mentioned in the blog, these include the evidence collected, duty of care, and severity of injuries. The negligence of both parties also plays a vital role in determining your winning chances. Moreover, you should hire an attorney who knows the intricacies of personal injury law in your city.
