Signs You Have a Winning Personal Injury Case
Were you recently the victim of an accident? Then you might be wondering if you have a personal injury case.
These aren’t only painful and heartbreaking but also costly. You’d need to shell out thousands of dollars for medical treatment, therapy, and even surgery.
If you have a winning personal injury case, you’ll stand to receive monetary compensation from the insurance company.
Here are the key signs that you’ll most likely earn a settlement. Here’s what you need to know.
You Have Strong and Indisputable Evidence
There are certain signs that you have a winning personal injury case. One sign is that you have strong and indisputable evidence. This could be in the form of medical records or images.
This type of evidence cannot get disputed by the other side and will help your case tremendously. If you have this type of evidence, it is important to discuss it with your attorney so they can determine how best to use it in your case. This will be a huge help in the personal injury claim process.
You Have Fluid and Credible Witnesses
There are a few key components to any winning personal injury case. One of the most important is having fluid and credible witnesses.
This means that your witnesses must be able to clearly and concisely describe what happened. They must also be able to explain why they believe you got injured as a result.
They should also be able to withstand questioning from the opposing counsel. If your witnesses are unable to do this, it could weaken your case and lead to a less favorable outcome.
The Defendant Owed You a Duty of Care
If the defendant owed you a duty of care, then you may have a winning personal injury case. This duty of care exists when there is a relationship between the two parties. Such as in the case of a doctor and patient or a business and customer.
The duty of care may also exist when one person is in a position to help another person and choose not to do so. An example is when someone sees another person about to get hit by a car and does not warn them. If this was the case, they may be liable for any injuries that result.
Another example is if a driver was speeding and caused an accident. In this case, the driver has breached the duty of care. If you can prove that the defendant breached the duty of care, you may get compensated for damages.
You Suffered Serious Injuries
If you have suffered serious injuries in an accident, you may have a winning personal injury case. To win your case, you will need to show that the other party was at fault for the accident. You should be able to prove that the accident was a result of your serious injuries.
You will also need to prove the extent of your injuries and the impact they have had on your life. An experienced personal injury attorney can help you gather the evidence you need. If done right and you can prove your case, you’ll get the compensation you deserve.
You Have Damages That are Compensable Under the Law
If you have suffered damages as a result of someone else’s negligence, you may have a winning personal injury lawsuit. The first step is to determine whether your damages are compensable under the law.
Many types of damages are compensable under the law. One example is economic damage. This type of damage includes lost wages and medical bills. Another is non-economic damage which includes pain and suffering.
In some cases, punitive damages may also be available. Each state has its laws governing which types of damages are available.
It is important to check with an attorney to see what may be available in your case. If you have incurred any of these damages, you can make a compensation claim.
The Negligent Party is Arranging for a Settlement
You likely have a winning case if the negligent party is arranging for a settlement. If the negligent party is taking this action, it’s likely because they recognize that you have a strong case against them.
They are likely hoping to avoid going to court. Don’t be afraid to hold out for a fair settlement. The other side will likely be willing to negotiate to avoid the time and expense of a trial.
The Incident Occurred Within the Past Four Years
The amount of time you have to file a claim is often limited by state law. In most cases, you will need to file your claim within four years of the date of the incident.
If you wait too long, you may get barred from recovering any compensation. If you’re not sure whether you have a case, you should speak to an experienced personal injury attorney.
You Haven’t Made Any Mistakes That Would Harm Your Case
There are several things you should avoid doing if you’ve been in an accident and are seeking personal injury compensation. One is to avoid posting about your accident, your injuries, or your case online.
This could come back to haunt you later if your case goes to court. The reason is that anything you post online can get used against you.
Insurance companies and their lawyers will be looking for anything they can use to discredit you. Or they could cut the amount of money you’re entitled to. So it’s best to steer clear of social media and avoid posting anything that they could use against you.
One of the biggest mistakes you can make is postponing medical care. Even if you don’t feel like have serious injuries, it’s important to seek medical attention as soon as possible.
This is because injuries can sometimes take days or weeks to manifest. If you wait too long to seek treatment, the insurance company may try to claim that your injuries are not related to the accident.
Got a Personal Injury Case? Contact an Attorney Now
If you got injured due to someone else’s negligence, you may have a winning personal injury case. Contact a personal injury attorney to review your case and determine if you have a strong claim.
Need help filing a personal injury claim? Check out the rest of our blogs for more legal tips, guides, and insights.
