Personal injury accident cases vary greatly, and an attorney best evaluates
all damages. They know what can be presented in court as evidence and
what will be your chances of winning a personal injury lawsuit. A personal
injury case can be filed when a defendant is guilty of misconduct. There are
quite a few common damages in personal injury accidents that can be
recovered with the help of an attorney.
Factors to be Considered When Evaluating a Personal Injury Accident Case
A personal injury lawyer will go through a list of factors that will help them
determine if the case falls in the personal injury category or not. Here are a
few:
Determining Fault
It is not always necessary that your lawyer will also think the same if you
think it is a personal injury case. They would like to go through all the
evidence and determine who was actually at fault in your case. This isn’t
always a straightforward process, and they might consider many different
factors before deciding.
Extent of Damage
The extent of damage caused will also determine the compensation you are
looking to get. It is important to add evidence of your damages as well. You
can attach the police and medical report, a summary of lost wages, and the
emotional cost of the accident on you and your family. A good attorney will
always consider the emotional cost of the accident and try to win
compensation for that too.
Statute of Limitations
The lawyer will also determine the statute of limitation of your accident; this
is the period during which you can file for a personal injury after an accident.
Establishing Liability
The first question the personal injury lawyer will ask is what the defendant
did wrong, and how are they liable? An attorney will always try to establish
solid grounds for the case. If the defendant showed neglect and it resulted in
an injury to you, only then a personal injury case will be pursued. Therefore,
it’s necessary to document the actual accident afterward and get a hold of
police reports early on. Usually, they will provide a clearer view of the
situation and the guilty party.
Financial Outcomes
When your lawyer is filing for a lawsuit, they don’t only have to look at the
plaintiff’s side but also evaluate whether the defendant will be able to pay
the damages. The lawyer must have the exact details of the defendant’s
financial history. If the defendant cannot pay for the damages through their
insurance, not much will be gained from the lawsuit. The next possible
option is a settlement if the defendant cannot pay the exact compensation
you have filed for. Again, an attorney is your best option as they are experts
at negotiating.
Hiring an experienced personal injury lawyer will help you build a strong
case in court against the defendant. It is imperative that no information is
kept from the lawyer as it would only complicate things.
