Any personal injury lawyer needs some questions answered before initiating any case. These questions play a significant role in the rate of success for any personal injury case. The circumstances leading up to the injury, how were the victim involved in the incident? What is the severity of the injury? If your past medical history can be of benefit for the case? These crucial points are elaborated as follows.
The percentage of responsibility for the various parties
It is very important that the evidence available supports your claims. It should be very clear whose fault it was. For example, if your actions or conduct contributed in leading up to your injury, your success in winning your personal injury case will greatly decrease. In legal terms; if your reasonability approached 50% then your lawyer’s ability to win your case significantly drops.
The nature of your treatment & medical expenses
If your claims suggest that you have been subjected to a severe injury, this means that you will need a hospital stay and of course accordingly, your treatment and medical bills cost will be high. But if your medical expenses appear to not be a real reflection of how severe your injury is (according to your claim) then this will greatly reduce your credibility and thus your chances of winning a case.
The more medical information available, the more credible your claim is
A medical report from a respected and well-known doctor greatly helps in supporting your claim of injury. The report has to be an elaborate narrative of your medical situation, a diagnosis and how your treatment will proceed. The unavailability of such a detailed report causes the insurance adjuster to handle your cases with skepticism.
Apparent causes of your injury are considered important
Some injuries are more documented and well confirmed by evidence than others. For instance, you were subjected to mental or physiological pain, it is likely that proof of that will be harder to establish, than a broken arm or leg for example. If your medical report indicates that your injury is of severe nature and likely to be permanent, the value of any settlement will be of a good amount.
Your income loss due to your injury contributes
Once you are subjected to an injury in your workplace, you would not be able to work anymore. Thus, this will greatly affect your income. The more you are able to document your case of economic lose, the more likely the value of your case will increase.
The jury may like the defendant more
The jurors may sometimes sympathize more with the defendant, because most of the times they will think of the defendant as someone who made a mistake out of poor choices, and not necessarily because that person is evil or bad or wishes to cause actual harm. In case the jury actually likes you more, you might get a higher offer from the insurance people.
Your claims should comply with the law
It is the job of your lawyer to examine where you will file a claim. Since every state has its own set of laws, some maybe in your favor and some maybe not. Besides, the jurors in some states are more conservative than others, and may not take your side. All of that has to be taken into consideration.
The time of filing your case is also an important factor
If your incident happened a few years ago, in which you have received treatment and recovered, and then filed your lawsuit after. It is very likely that the jury will find it hard to sympathize with you and this will lower your chances of winning a case greatly. You have to report your case as soon as it happens.
- Evidences in favor of your injury play a vital role in the personal injury case.
- Detailed medical reports are the most important documents for the victim.
- Honesty and integrity in the description of the case is the way to winning a case.
- Your medical bills have to match your claims.
- The more you are able to prove your injury, the better you have a standing point.
- Being able to prove income loss helps to settle the compensation.
- Jurors may inquire of every detail you placed in the procedure of the case.
- The jury’s culture differs from one state or county to the other.
- The nature of injury and its severity are taken into account.
- It is important to be time efficient with your personal injury case.
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