If you’ve been injured because of someone else’s negligence, you might have grounds for a personal injury claim. However, not all claims are guaranteed success or high compensation. Certain elements significantly strengthen a personal injury case and improve its chances of a favorable outcome. This article explores the key indicators of a strong personal injury case worth pursuing.
Contents
Evidence of Negligence
One of the most important elements of a personal injury case is evidence that proves the defendant’s negligence directly caused your injuries. Strong evidence of negligence includes police reports, eyewitness testimony, video footage, defective product documentation, expert opinions, and records that show safety rules were broken. With over 62 million injuries occurring in the US every year, building a convincing negligence case is crucial. A skilled personal injury attorney can gather and present persuasive evidence that leaves no question about the defendant’s liability.
Serious Injuries
The extent of your injuries is a major determinant of the value of your personal injury claim. More serious injuries that result in ongoing medical treatment, lost wages, diminished quality of life, disability, or permanent impairment will warrant higher compensation. Permanency is especially important, as damages can be recovered not just for past and current losses but also for future losses due to the lasting effects of the injury. Of the estimated 39.5 million annual personal injury cases requiring medical care in the US, those involving permanent effects have the highest value. Documented evidence from doctors about your prognosis, treatment needs, and limitations makes a big impact.
Limited Liability
While the severity of injuries determines the value of a claim, ensuring clear liability strengthens the foundation of your case. Your case will be stronger if the defense has few arguments to avoid or reduce liability. For example, if you were clearly following traffic laws when hit by a negligent driver, they cannot claim you were contributorily negligent. If you were injured by a dangerous product while using it properly, the manufacturer cannot shift blame. The more clear-cut the negligence, the more likely you will recover damages. With plaintiffs only successful in 19% of medical malpractice trials, limiting the defendant’s liability arguments is key.
High Policy Limits
You also need to consider the defendant’s ability to pay. According to Roman Austin, a Tampa personal injury attorney, “strong cases are those where the at-fault party has extensive insurance coverage or personal assets to pay out a large settlement or court judgment. Cases against defendants with minimal insurance or resources are less attractive, even if negligence can be proven.” A personal injury attorney can help determine the applicable policies and resources available to compensate you fully.
A Reputable Personal Injury Lawyer
Having a respected and experienced personal injury attorney on your side also bolsters your case. An adept lawyer knows how to build strong arguments, conduct discoveries, value cases, negotiate optimal settlements, try cases skillfully, and force defendants to pay out substantial sums. They have the resources and expertise to address challenges and maximize your recovery each step of the way. With over $51 billion in annual wage and productivity losses from preventable workplace injuries, having excellent legal counsel substantially improves your prospects.
Several key factors increase the strength and potential value of a personal injury claim, such as solid evidence, serious injuries, clear liability, sufficient insurance coverage, and retention of a skilled personal injury attorney. If your case has these elements, you have an excellent chance of obtaining fair compensation for your losses and damages.