When it comes to a personal injury lawsuit, “winning” can mean a number of things. Essentially, winning a personal injury lawsuit means getting the largest amount of compensation you can get, but this might not come from a judge or jury. In fact, more than nine out of every ten personal injury lawsuits are settled out of court.
So what do you need to win? Your chances of winning a personal injury lawsuit will increase exponentially if you can demonstrate liability, have lots of evidence, and have a very good lawyer representing you.
What are the most common forms of personal injury lawsuits?
The most common personal injury lawsuits involve:
- Car accidents
- Medical malpractice
- Injuries sustained at work
- Product defects
- Slip-and-fall accidents (usually on someone else’s property)
- Wrongful death lawsuits
- Dog bites
Car accident personal injury suits are very common in the court system, and they will vary in scope based on state law. In a fault state, the driver who is responsible for the crash will have their own insurance pay the victim’s costs, at least up to a point. Having your attorney deal with the other insurance company can save you a lot of time and potentially money, too.
In a “no fault” state, each individual’s own insurance will cover their costs, again, up to a point. Different states have different minimums for what car insurance needs to cover. It might be $10,000 in some states but up to $25,000 in others. There are also different coverage caps for bodily injury vs. damage to the car, beyond which the responsible driver is liable.
Medical malpractice cases can potentially be more of a goldmine than car accident cases, but more detailed and expensive preparation is required. For example, any medical malpractice case that makes it to court will require a medical expert witness, who might bill $500 an hour or more.
If you’ve been injured or made ill due to a defective product, the manufacturer of that product is liable for damages and you can sue them. When major product recalls or defects occur that impact multiple victims, you may be eligible to join what is called a class action lawsuit.
Wrongful death lawsuits
These types of cases are among the most heart-wrenching and difficult for plaintiffs, as they involve the death of a close relative or partner. Whether it is against a company or an individual, these kinds of cases really require an attorney to represent you, as the case will involve unearthing painful memories in order to demonstrate the pain and suffering caused by your lost loved one and the calculable loss you have suffered.
Pain and suffering
In any kind of personal injury case, you and your attorney will need to demonstrate the pain and suffering you experienced as a result of the accident, as well as continued and even future and anticipated complications.
Your chances of success depend on the liability and the evidence
What do we mean by that? Liability can be boiled down to the question of who is at fault, and just as important, to what degree are they at fault.
Part of making this case will depend on the evidence you and your attorney can present in court. To ensure you have everything, it is critical to collect all documents, including photographic evidence, to show damages as well as establish fault.
Success also depends on how good your lawyer is
The skill of your attorney is a huge indicator of whether or not you are going to receive a hefty and commensurate settlement or court-awarded compensation. Proven track records of success in an attorney are indicative of good outcomes for you.
There is also the personal element. Personal injury lawsuits nearly always stem from an event that is likely traumatic to some degree or another. The weight of compiling a case can be a large burden to bear. A personal injury lawyer will have the client’s best interest in mind.
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