Are you aware that every year in the United States of America, there are about 39.5 million occurrences of personal injury? Can you believe it? In other words, this means that there are around 126 cases per 1,000 people in a year.
More than 64,000 personal injury law firms are available to the public in the United States for assisting in such personal injury cases. There are so many accidents and injuries happening, and it is critical to know when you might have a true claim for compensation.
And that’s exactly why it is important to know the factors of personal injury case evaluation! Why? Well, that’s because this will help you understand whether you will win your case or not!
“But I can just hire a lawyer, right?”
Well, TBH, while a personal injury attorney is the best way to assess the details of your situation, identifying some general indicators of a strong claim can help you make that initial decision to pursue legal action.
So, if you want to know what these are about, you have come to the right place! Therefore, keep scrolling down till the end…
Why Is Personal Injury Case Evaluation Important?
Before discussing the signs of whether you will be able to win your case through personal injury case evaluation, let me tell you something!
You might be thinking, if you were to hire a lawyer to fight for your case, why would you need to evaluate your chances of winning?
Well, personal injury case evaluation is extremely important. And that’s because it helps you determine the viability and potential value of the claim.
Additionally, when you evaluate your claim, you will be able to ensure that you secure the best compensation amount.
What is the Process of Personal Injury Case Evaluation?
The general process of case evaluation in personal injury involves an extremely thorough analysis of the incident. Additionally, you and your lawyer will also analyse the following things:
- Accident.
- Resulting injuries.
- Potential for negligence.
With this evaluation, your lawyer will be able to identify the weaknesses and strengths of the case. Furthermore, this will help them come up with the best legal strategy to fight for your case.
And guess what? This will be the best way in which you will be able to get fair compensation for your damages.
Personal Injury Case Evaluation: What Are The Signs Of A Clear Win?
Now that you are aware of what personal injury case evaluation is, it is time for you to learn about the signs!
Here’s what can ensure that you win your case:
Clear Liability
One of the first things any personal injury lawyer will examine is who was at fault for the accident or injury.
According to research by the U.S. Department of Justice, liability is clear to all parties in nearly 50% of personal injury claims related to auto accidents.
If the fault can be clearly established and attributed to a specific person, company, or entity, it strengthens a potential case.
For example, if you are injured when another driver runs a red light and hits your vehicle, their negligent actions make them liable. Having clear evidence of who breached a duty of care is essential.
Serious Injuries
Third, the gravity of the injury can be considered as another significant factor in determining whether you have a personal injury claim that can be pursued in court for compensation. In most cases, more severe injuries result in higher compensation.
For instance, broken bones, nerve damage, traumatic brain injuries, and back and neck injuries could bring long-term health and life quality problems to the person affected.
Generally, such traumatic injuries would need long-term treatment and recovery. One might have the expenses and amount of services listed in the medical records. Therefore, they will be able to increase the claim value.
Ongoing Hardships
In addition to physical harm, your injury may also cause ongoing hardships in your life. So, what are some of the things that you should include in your claim? Well, these can include:
- Missing work.
- Loss of future income.
- Challenges accomplishing daily tasks.
- Loss of mobility.
- Depression.
- Pain and suffering.
Additionally, you need to keep a detailed record of how the injury has negatively impacted your:
- Finances.
- Employment.
- Routine activities.
- Family relationships.
- Emotional well-being.
Why? Well, that’s because these can help support compensation for non-economic damages in a settlement.
High Medical Bills
Not surprisingly, injuries that involve substantial medical costs are more likely to warrant larger settlements. A few things that will quickly add up include:
- Hospital visits.
- Surgeries.
- Physical therapy.
- Orthopedic treatment.
- Assistive devices.
Keep track of all accident-related medical bills, prescriptions, mileage for appointments, and other expenses.
Additionally, presenting an itemized list of costs makes it easier to justify higher economic damages in your claim.
Prompt Legal Action
Finally, it’s essential to take legal action in a timely manner. Each state sets time limits on how long after an accident or injury you have to file a lawsuit. This window ranges from 1 to 6 years.
The sooner you consult an attorney, the more effectively important details and evidence can be collected. Additionally, you must get a few things. These are:
- Eyewitness accounts.
- Photos of accident scenes.
- Police reports.
- Surveillance footage.
These are the important things or information that can be erased, forgotten, or lost very easily. Therefore, prompt action also shows the severity of the issue.
Your Legal Guide: Taking Legal Action
In conclusion, a case of your injury incident that indicates beyond a doubt a strong claim is made of several signs. Therefore, I would highly recommend that you arrange a meeting with a personal injury lawyer.
The attorney can go into deep details of your case, evidence, the possibilities, and, based on that, he/she/they will define the most effective ways to go.
This way, you will be left with the healing process, while complex legal issues will be taken care of by the legal practicing professional.
Even when the scenario you are facing is one in a million, recalling these signs can be a perfect way to get a sense of the status of your injury, which would make it sound like a good injury to take a personal injury claim to.
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