Every year in the United States, over 400,000 people file official claims after sustaining injuries in an accident. Whether it’s on the road, at work, in a shop, or at a doctor’s office, cases of personal injury caused by another party’s negligence or carelessness are no rare occurrence.
More often than not, they change the lives of victims in dramatic ways, with consequences ranging from severe pain and trauma, hefty medical bills, prolonged hospitalization, economic losses, and more.
After such tragic ordeals, victims typically ask themselves whether they should go the extra mile and pursue legal action against the responsible party. In truth, aside from being a notoriously lengthy process, one’s ability to succeed and obtain adequate compensation in court will depend on a variety of factors. That is often enough to discourage plaintiffs from going down this path.
To enlighten you on the chances of winning a personal injury lawsuit, we’ve put together a useful guide outlining several important legal considerations. In any case, your odds of success will largely depend on your ability to hire a competent and experienced personal injury attorney to build a case and defend it in court.
Personal injury law encompasses a great number of accident scenarios that vary in nature and scope. As a first step, victims need to know if they are legally eligible to receive compensation for their suffered damages.
This also works as a base for building a strong litigation case. If a person has sustained injuries as a result of any of the following, then he/she is eligible for an injury claim and possibly pursuing legal action.
Gathering evidence of the other party’s liability and negligence, be it a driver, an employer, a private company or corporation, or a store owner, is the first pillar around which to build a litigation case.
The ability to succeed in a personal injury lawsuit will also depend on the plaintiff’s ability to compile detailed and accurate evidence of the injuries that they sustained as a direct consequence of that accident. Naturally, these injuries depend on the type and location of the incident, and usually include:
Of note, the severity or seriousness of the suffered trauma will only influence the outcome of the lawsuit positively if it is well-documented with evidence of medical bills, reports, and the like.
Without adequate representation, the chances of winning a personal injury lawsuit are extremely thin, if not impossible. The reason behind that is quite straightforward; due to the complexity of the legal process, victims cannot hope to navigate the system and achieve a favorable verdict on their own.
That is why the team of seasoned lawyers at https://bencelawfirm.com/ in Phenix City, Alabama, always recommend soliciting the help of experienced attorneys who will guide plaintiffs throughout the entire lawsuit.
A specialized lawyer with a record of success in similar cases will build a strong case and come up with the best strategy to defend their client in court. In short, hiring legal experts is the best guarantee to maximize the chance of success in a lawsuit and obtain financial compensation.
The United States Department of Justice estimates that 90 to 95% of cases involving personal injuries are settled without trials. As explained, victims are often dissuaded to sue the negligent or reckless party for fear of a complex, lengthy, and costly legal process. That said, some instances warrant recourse to litigation.
For instance, when a victim files a personal injury claim at the other party’s insurance company, and that insurer drags out the process, makes it difficult to obtain compensation, or refuses to negotiate a fair settlement, there may be grounds for suing. It’s always wise to consult with an attorney to determine if going to court is the smartest move.
Suffering pain and injuries as a result of a preventable accident can be a traumatic experience for the victims involved. And while the majority of personal injury cases are resolved by settlements, many plaintiffs still courageously choose to go to court, hoping to obtain a higher compensation, or wanting to set an example and punish a negligent party. Ultimately, those who go down that path should be prepared for a tumultuous and demanding process alongside their expert attorney.
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