5 Ways to Win a Personal Injury Lawsuit
Initiating the legal proceedings for a personal injury case can be stressful and cost a lot of money. No one wants to waste their resources unless there’s a chance they might win.
Now, no attorney can guarantee you a win, because the ultimate decision is up to a judge and not them. However, there are a couple of ways that can improve your odds of succeeding.
Let’s take a look at them:
- By being honest with your attorney
It’s not uncommon for the injured party to incorrectly assess the extent of their injuries and the values of damages they’re entitled to. As a result, sometimes a plaintiff will either exaggerate or undersell the circumstances of their case to their attorneys.
Why’s this a bad idea? If your attorney doesn’t know the exact and correct details of how your injury occurred, they’ll be unable to properly prepare your case and effectively represent you in court.
Imagine if the defendant’s attorney brings up some details of the accident, that you’ve omitted during consultations with your attorney, and your legal representative is caught like a deer in headlights before the judge? That wouldn’t be a good look for you or your attorney.
The attorney that you choose is on your side and your interests are aligned. Even if you think some things might sound unfavorable for your case, make sure to share them with your attorney and be transparent about all the details.
This way, your attorney will be prepared for incoming hits from the opposing party and will have the time to navigate tricky questions in a way that benefits you.
Ultimately, as long as you trust your attorney and trust the process, you’ve got the good foundation to build a case upon. And why wouldn’t you, if you’re the one who did the research on their skills and experience and chose them for their capabilities?
- By keeping the conversation about your case only between you and your attorney.
It might be challenging not to share the details of your case with your friends, family, neighbors or your social media followers, but keeping your lips sealed tight might improve your odds at winning the case.
It’s almost certain that the defendant will hire an attorney of their own and that they’ll do everything in their power to poke at the weaknesses in your narrative. Moreover, they’ll be after your reputation too, in an attempt to discredit you before the judge.
You don’t want to give them any ammo or a helping hand in achieving this, so make sure that the only person you’re sharing the details of your case with is your attorney.
Apart from abstaining from talking about your case with the people you know or the opposing party, you should also refrain from communicating with the insurance companies without a legal representative.
An insurance provider is doing their job well if they’re paying you as little as possible and this is the opposite of what you want. Don’t be fooled by their pleasantries because they might get you talking and everything that you say can and will be used against you.
Even if it seems like you might get some money from an insurance provider, likely, the compensation that they’re offering is nowhere near what you’re entitled to. You are much better off leaving these negotiations to your attorney.
- By understanding your case, odds and circumstances you’re in.
Here’s the thing: just because you’ve gotten injured, doesn’t mean you have a personal injury case on your hands. Determining whether someone else is legally responsible for the harm you’ve suffered can be tricky and you might want to leave that to a legal expert.
Personal injury cases can take time and the money you’ll have to pay along the way (and at the end of it, in case you lose) might be more than you have in your budget.
For this reason, you want to be sure that you’ve got grounds to initiate the proceedings. Click here to book a free consultation, so you could get an expert opinion on the best and worst possible outcomes of your case and whether you have one, to begin with.
A personal injury attorney can help you understand the value of your claim, together you can agree on what you’re willing to accept and if it’s in your best interest, they can advise you on when to settle.
- By getting the right medical treatment from the right medical professional.
If you’ve suffered an injury, you’ll want to get the right treatment for it. To get the right treatment, you need to have the right medical professional treating you.
This means having someone you can openly talk to, as well as someone knowledgeable and experienced enough to know which questions to ask.
The treatment you get is important not only because it’ll allow you to properly heal from the injuries you’ve suffered, but also because you’ll need to have a medical record of your injuries as evidence before the court.
Besides considering tangible medical records in writing, it’s almost inevitable that the judge will want to hear an estimate about the extent of your injuries from the medical expert who has treated you.
Because of this, you want to make sure that you choose the right person to manage your medical care.
Your ideal medical professional should be someone objective, respected among his colleagues and credible. As you can tell, it’s not only your reputation that will need to hold up before the judge, so choose wisely.
- By collecting the right evidence.
While we’re on the topic of evidence, medical records are not the only evidentiary documents that you’ll need.
Everything ranging from photos of your injuries, photos and surveillance camera videos of the accident scene, medical or vehicle repair bills to police statements, insurance policies, witness statements, expert opinions and pay records may increase your odds at winning the case.
An attorney can help you get strong, relevant evidence as quickly as possible.