So is your personal injury case winnable? Well, if that question was straightforward, we wouldn’t spend so much time consulting clients.
Personal injury lawyers have complicated occupations, and whether any given case is winnable depends on the specifics of state law and the case occurrences themselves.
It’s impossible to give you a straight answer in a single blog post; You’re much better off coming in for a free consultation. However, as personal injury attorneys, we can at least give you a few basic prerequisites characteristic of all winnable cases under the “personal injury” umbrella.
Read on to discover more.
Prerequisites of a Winnable Personal Injury Case
You know that you have a good chance of winning your personal injury case if your claim meets the following criteria:
You can establish that someone else was liable for your accident.
You can prove that the accident led to your injuries.
You can verify that your injuries led to severe physical, emotional, or financial harm.
The value of your compensation exceeds any legal expenses you pay to pursue your claim.
While winning a personal injury case seems simple when it's boiled down to four prongs, it hardly ever is.
One of the greatest hurdles injury lawyers must overcome when pursuing these cases is proving the defendant's liability. In other words, the entity that allegedly caused harm to the lawyer's client did so.
Establishing Liability in Your Case
To establish that someone else is liable for your injuries in a personal injury case, you must provide evidence of the at-fault party’s negligence or careless action that led to your injuries.
The types of evidence you might present as proof may include police reports, eyewitnesses, photos, video, and more.
These documents are, in most cases, considered public information and can be obtained by anyone from a local sheriff's office or city police department. However, certain types of information, such as criminal investigative data, are confidential in Minnesota, according to the state department of public safety, and cannot legally be released.
If you, the client, know others who bore witness to the event, your injury lawyer might use their testimonies (what they saw) as evidence.
Photos & Video
Due to its relatively objective nature, footage is a valuable court tool that can help prove defendant liability.
Communication With the Liable Party
Text messages and e-mails can provide a good indication of the mentality of the defendant towards the client, helping to prove irresponsibility in the right contexts.
Providing Proof of What Led to Your Injuries
Once you’ve established liability for your accident, you also need to prove that the accident caused your injuries.
The evidence you submit may include:
The type of treatment you received
Written or verbal statements from medical experts
Any additional treatment such as medication, in-home care, or physical therapy
You may also want to keep careful records of all interactions with medical specialists who treated you and the kind of care you received.
Establishing How Your Injuries Caused Harm
Your personal injury may have altered your life in various ways. To have a good personal injury case, you must establish that your injuries caused harm to your life.
Examples of evidence you may submit include:
Total medical bill and receipts for the treatment you received
Any lost wages or benefits from being out of work
Non-economic damages such as pain and suffering, loss of lifestyle, or loss of consortium
Who Determines If You Win Your Case?
In most cases, the legitimacy and value of your claim are determined by two entities: the insurance company and a judge or jury.
1. The Insurance Company
When you file a claim for your personal injuries, the at-fault party’s insurance company typically handles the claim. An insurance adjuster will review your case and either reject your claim or attempt to negotiate a settlement.
If both you and the insurance agree on a settlement, the case is closed, and you receive compensation. If you and the insurance company cannot agree on the settlement, you may have the option of filing a lawsuit in court.
2. A Judge or Jury
Once you file a lawsuit against the at-fault party or their insurance, you will proceed through the litigation process until the date of your trial.
In a civil lawsuit, a judge will review the claim and determine who is liable for your injuries and how much you will be awarded for your damages.
Consult With a Personal Injury Lawyer
Before you submit a claim against the liable party’s insurance company, you may want to consult a personal injury attorney to discuss your case. An attorney can help you decide if you have a good personal injury case and what legal options are available to you.
An attorney may also be able to guide you through the claims process or litigation if your case goes to trial.
They can also handle your case by doing the following:
Answering your questions and providing legal counsel
Representing you in all aspects of your case
Negotiating with the insurance company for a fair settlement
Gathering evidence of liability and case value
Managing all documents and organizing your paperwork
Filing a lawsuit if the insurance company does not negotiate
Hire an Expert Personal Injury Lawyer: JD Haas & Associates
For a free case evaluation, call us today at (952) 234-2925.