How to Know You Have A Strong Personal Injury Case
Not all personal injury cases are worth taking things to trial, which is why many people who have been in an accident and have sustained a personal injury wonder what makes a good personal injury case. Someone else’s injury typically causes a personal injury, and the bigger the case is – the more money is involved.
Read on to learn more about the different aspects that make a “good” personal injury case.
You Have Serious Injuries
A personal injury case surely makes its way to the trial if there is a serious injury involved. The more serious the injury is, the better the personal injury case will be in terms of its value. The typical examples of serious personal injury cases involve where you might have surgery, an amputation, muscle tears, a serious brain injury, and any other life-changing injury. A brain injury law firm specializing in handling cases involving traumatic brain injuries (TBI) and other brain-related damages can be invaluable for securing compensation and ensuring justice.
So, if you are injured due to someone else’s fault and the injury is a serious, life-changing injury, the value of your case will be boosted.
Serious Injuries Result in Huge Settlements
If you have ever read or heard about a huge settlement or a huge reward on any of the personal injury cases, the common thing is that the injury was terrible and life-changing. Any personal injury case that ends in a huge settlement or verdict is essentially a life-changing injury, and the affected person has sustained a tremendous amount of pain and suffering.
You Have Injuries Caused by An Accident
Another personal injury case that can end in a big settlement can stem from an accident caused by another driver who was negligent. Now, accident injuries can be incredibly life-changing, especially in the case of head trauma or spinal cord injury.
On that note, the more difficult it is for you to prove in court that your injuries were really caused by the accident, it indicates that your case is tough and life-changing, and there is so much at stake.
However, working with a personal injury lawyer, such as the Detroit Personal Injury Lawyers, if you live in Detroit, can be incredibly helpful as the lawyer’s team will work closely with your healthcare provider and prove in court that your injuries were caused by the accident.
Pro Tip: Document Your Injuries
The easier it is for the doctor to verify this, the higher the value your case will have. For instance, your doctor will have an easier time linking fractures or scarring to the accident. However, generalized pain, such as knee pain and neck pain, can be harder to link, and hence their value will be higher.
Some injuries aren’t visible right after the accident, which is why it is crucial to document your injuries, keep a journal about your pain and suffering, and follow up with your doctor.
You Got Injured Due to Another Person’s Negligence
Another personal injury case that makes a good personal injury case and one that can result in a higher settlement is when the injury has been caused by someone else. It is important to mention here that all personal injury cases are caused by someone else’s fault or negligence, such as the case of medical malpractice, where it is the fault of a hospital staff or a doctor.
However, you need to prove to the jury or judge that the injury was 100% the fault of someone else or as much fault as possible. Your case will have zero worth if you cannot prove the other party’s fault.
Proof of Wrongdoing is Mandatory
If you are at work and you slip and fall, you might wonder how much money your case is worth. You might call up a lawyer and ask them the same question. If you do so, your lawyer will ask you what your employer or your company did wrong to you that caused the injury.
Nonetheless, the same applies to a car accident, too, where you have to prove that the action of the other driver was wrong, which caused the accident.
You Are Not At Fault for the Injury
There are only two conditions that your personal injury case must fall into: you are not at fault for the injury or accident – or – you have as little fault as possible. You should understand that liability plays a crucial role in these personal injury cases, which means that your percentage of fault can affect the value of your personal case and decrease it subsequently.
Suppose you have been in an accident, and you are more than 90% at fault for the accident. Depending on your state, you might be able to recover ten percent of the full value of your case. Similarly, if you are 60% at fault, you might be able to recover 40% of your case. As the percentage of your fault increases, the value of your case decreases simultaneously.
Understand that Your Percentage of Fault Matters
On that note, if you have absolutely no fault at all, the full value of your case remains higher. You get the point – your fault can have a massive impact on the value and outcome of your case. Your percentage of fault is something that you need to consider if you want to get your case ready for settlement with the insurance company.
Insurance adjusters evaluate all types of cases all the time, which means that they know how to evaluate your percentage of fault.
Never Accept the Initial Offer of the Insurance Company
However, only because the insurance adjusters tell you your percentage of fault, you should never make the mistake of taking and accepting what they tell you at face value.
Why, you might ask? The reason is that insurance adjusters will offer you way less than the actual amount that you deserve, which is why you should contact an attorney and let the professional deal with the insurance company on your behalf.
Even when you are not at fault, and you feel confident about winning a case, you will still need a lawyer to represent you. The lawyer will protect your rights and determine the fair value for the settlement as well as determine your percentage of fault – if you have some percentage of fault for the injuries.
