Many clients want to know if their personal injury case will produce good results. The answer hinges upon several factors, one of which is the amount of damage the client sustained. In other words, the more a person is hurt, the more he or she will likely recover in monetary compensation. That’s the bad news, but other factors help in determining a strong case.
Liability
This means that another person or company is to blame for your injuries. For example, if a driver rear-ends your car because he was texting or driving too fast, then he will be held accountable. Sometimes businesses will be responsible for injuries. You may fall in a grocery store because an employee failed to clean a spill or mark a slippery spot on the floor. Manufacturers can also produce defective products or drugs that lead to serious issues. Even doctors and medical facilities can cause harm.
Evidence of liability is essential to your case’s outcome. In auto accidents, the police officer will cite the at-fault driver, and in situations involving injuries occurring on other people’s or commercial property due to their negligence, simply taking photos of the area and recording the names of witnesses will be invaluable to your outcome. Products liability and medical practice are more difficult to prove and often require expert opinions in support of your claim. Attorneys often evaluate cases with the experts’ input.
Damages
For your case to proceed, you will need to show that you were hurt, which usually entails visits to emergency rooms and other medical facilities. Sometimes your pain will be obvious such as broken bones or the necessity of a wheelchair. Your attorney will examine the records from doctors and hospitals to determine the extent of your injuries and calculate part of what you can claim as compensation.
You can also add lost wages from missing work or not being able to perform your job anymore, money to cover the costs of future medical care because of grave and lasting injuries, and compensation for your pain and suffering.
Additional Factors
Part of the problem with establishing a good case stems from the injured party not seeking immediate medical care and delaying or not completing treatment. If you are witnessed rollerblading or patching your roof after your accident, then you are less likely to prove that you were hurt. You may be able to overcome these potential setbacks, but you will need an experienced attorney to evaluate your situation.
The At-Fault Party
The wrongdoer’s ability to pay factors in to your settlement. If he or she doesn’t have insurance, then you may not be awarded as much as you need to cover the cost of your injuries. You then will rely on your own insurance company. In most situations, though, the at-fault party will have insurance, whose adjusters will work with your attorney to settle your case. If the attorney and insurance company cannot arrive at an agreeable solution, then he will fight for your compensation in court.
How You Can Help Yourself
After the accident, take photos of the scene and cars involved or location of your department store fall. Make sure the environment is safe for you or another person to do so. Try to show the cause and outcome. Get names and contact information of witnesses. Ensure that you are seen in the ER or are examined by a doctor as soon as possible. Complete your treatment. In cases of product liability, maintain the integrity of the product and do not alter it. Have pictures of the results after using the product. Be able to prove that you were using it for its intended purpose and in conjunction with its instructions. For suspected medical malpractice, keep your records and note conversations with medical personnel.
Applying a little common sense will help establish your case and ensure that you receive a fair settlement.
