Did you know, according to data in Nolo, only about 4% of personal injury cases end in trial?
Navigating the legal process involved in a trial is usually overwhelming. This is where the personal injury lawyers at The Levin Firm can step in to guide you.
Started in 2005 by Gabriel Levin, The Levin Firm has since grown immensely, helping accident victims fight greedy insurance companies and get fair compensation for all the losses they have sustained.
An experienced attorney helps evaluate the case to understand the factors that impact the outcome of a personal injury claim. With this knowledge, they can pursue fair compensation for your injuries and proceed with confidence.
In this post, we will look into some of the key considerations that can determine the value and strength of your personal injury case.
Severity of Injury
The severity of your injury plays a significant role in evaluating your case. Medical records documenting the extent of your injuries, treatment received, and prognosis are crucial evidence. The higher the severity of the injury, the higher the settlement. For instance, severe injuries resulting in long-term disabilities or requiring extensive medical care often lead to higher compensation.
Liability
Establishing liability entails proving that the defendant acted negligently or wrongfully, breaching their duty of care toward the plaintiff. This is essential in personal injury cases. This often involves demonstrating negligence through evidence such as witness testimony, accident reports, surveillance footage, and expert analysis.
Negligence
Negligence refers to the failure to exercise reasonable care, resulting in harm to others. To establish negligence, it must be shown that the defendant owed a duty of care, failed to uphold that duty, and caused injury as a result of their actions or inactions. The stronger the proof of negligence, the better your chances of a successful outcome.
Common examples of negligence include:
- Distracted driving
- Medical malpractice, and
- Premises liability issues like slippery floors or inadequate security.
Damages
Damages refer to the losses suffered as a result of the injury or harm caused by the defendant’s negligence or wrongful actions. Damages in a personal injury case encompass both economic and non-economic losses.
- Economic damages include medical expenses, lost wages, and property damage.
- Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life.
Calculating damages requires a thorough assessment of the extent of your injuries, the financial impact of those injuries, and the long-term consequences on your quality of life.
Limits of Insurance Policy
Insurance policies typically have coverage limits that determine the maximum amount the insurer will pay for a claim. This can impact the compensation the victim receives. These limits can vary widely depending on the type of insurance and the specific terms of the policy. If the defendant is underinsured or uninsured, it may limit options for recovery.
Statute of Limitations
Every state has a statute of limitations, which sets a deadline for filing a personal injury lawsuit. Failing to file within this timeframe can result in the loss of your right to seek compensation, regardless of the merits of your case. These deadlines vary depending on the jurisdiction and the type of claim involved.
Expert Witnesses
Expert witnesses, such as medical professionals or accident reconstruction specialists, can provide valuable testimony to support your case. Their expertise can help clarify complex issues and strengthen your argument in court.
Expert witnesses can significantly strengthen the plaintiff’s position in negotiations with insurance companies or at trial. Their testimony can provide valuable information needed to make informed decisions and render fair verdicts.
Mental and Emotional Impact
This refers to the toll that these injuries can take on the victim’s mental well-being and quality of life. Injuries can trigger a range of emotional responses, including anxiety, depression, post-traumatic stress disorder (PTSD), and feelings of helplessness or despair. These emotional struggles can impact various aspects of a person’s life, including their relationships, work, and daily activities.
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