How Do You Win a Personal Injury Case?

Gabe Levin | February 4, 2022 | Personal Injury
How Do You Win a Personal Injury Case?
personal injury attorney

If you are a victim of an injury due to negligence, you want to know what it will take to win your personal injury case.

Every personal injury situation is different, and it is impossible to predict the outcome of a case. However, some factors in a suit can indicate the likelihood that a victim will receive compensation for their losses.

One of the most significant factors influencing how much compensation you will ultimately receive if you get a settlement offer is the decision to hire a personal injury lawyer. Personal injury attorneys work to fight for the rights of injury victims against insurance companies and at-fault parties.

Winning a personal injury case means that you will get the money you need and deserve to cover your losses and expenses following an injury due to negligence. How a victim wins their case will differ depending on the damages, injuries, and other factors that influence the likelihood of a settlement or need for a lawsuit. You should take steps as soon as possible to maximize your chance for a successful resolution after an injury.

The First Step in an Injury Case Is to Hire a Personal Injury Lawyer

When you suffer an injury, it can be hard to know what or when to take action to ensure you protect yourself and your rights. How and when you take action can influence your case and affect the outcome if you are not careful. Your injuries are, without a doubt, the most pressing matter after an accident. Whether a car accident, a slip-and-fall, or another injury incident, you must get the help you need as soon as possible.

Once your injuries are in the process of getting taken care of, your first call after leaving the scene of an accident is to a personal injury lawyer. While many accident victims will want to delay this step or feel apprehensive about making a call for fear of the unknown, it is one of the most productive steps you can take after an accident due to negligence. Personal injury lawyers are there to help victims like you. They understand the challenges an injury victim faces in the time after an injury and how important this time can be to the success of their case.

Personal injury lawyers typically offer free consultations to clients seeking representation in an injury case. Contact a personal injury attorney near you to schedule a free evaluation of your case. During this initial contact, you can discuss your case and any questions you may have.

Hiring an attorney can feel like a difficult decision, but it is possibly one of the easiest decisions an accident victim will make. The sooner you take action and hire an attorney, the sooner you can protect your rights to compensation and defend against the insurance company and any other parties to the case.

Next, Direct All Communications in Your Case to Your Attorney

Once you hire a lawyer, they will notify all relevant parties of the case, including insurance companies, medical billing companies, and other interested parties, that a personal injury attorney now represents you. Alerting those parties that you have an attorney shields you from their attempts to speak or question you regarding your injuries and the accident.

When insurance companies or other parties wish to speak with you about how you sustained an injury or the extent of your injuries, they are not doing so to check up on you or because they have concerns for you. The motivation for insurers to talk to you is to discover as much information as possible to gain them an upper hand in negotiating a settlement or to reveal any information that can give them a basis to deny or reduce your claim for damages.

By diverting all communications from interested parties in your case to your attorney’s office, you eliminate the risk of making statements to these individuals that could affect your case. Your attorney’s office will speak to the parties on your behalf and provide only the information necessary to file your claim and conduct negotiations for you.

How Can a Lawyer Help You After an Injury?

While you now know that a lawyer will take over most of all communications in your case from insurance companies and other parties, you may wonder what other benefits there are to you in hiring an attorney and what action they will take in your personal injury case to better your chances of winning.

#1. Investigate

The initial stage of your personal injury case is when the lawyer will evaluate the facts of your case. The attorney will look to all the parties involved who may be liable for your damages. A lawyer may discover that additional parties may be at fault for your losses or pinpoint the primary party responsible for the injuries and damages to you after an accident.

Most accident victims do not have the resources, time, or background knowledge to discover if other parties may be liable to them beyond the individual or party directly involved in the accident. The discovery of liability is essential to ensure you can seek the maximum compensation possible from the at-fault parties and under any active insurance coverage available.

#2. Build

After your attorney figures out who is likely responsible, they will move on to build a strong case that has sufficient support to prove fault and to prove the injuries and losses you sustained. During this time, an attorney will collect evidence, seek the testimony of witnesses and experts and gather records to help build your case.

They will calculate and estimate the damages to you based on your injuries and other impacts to give you an idea of how much your losses are. This will help you during the next stage of your case, the negotiation process.

#3. Negotiate

Offers of settlement from an insurance company or other party are an indication that your case is heading in the right direction, although there is still work to do. The negotiations process can take time, and with the patience and guidance of your attorney, you will have the knowledge and information to make the best possible decision for you.

Your attorney will negotiate with insurers about any offers, communicate those offers with you and then formulate a response based on the next move you decide. In most personal injury cases, the victim will reach a successful settlement, and the case resolves at this point.

#4. Fight

A lawyer will fight for you. They will fight hard to reach a settlement in your case that is fair and works for you. If they are unsuccessful in settling, an attorney will then fight for you to pursue the compensation you may be eligible for by other means.

This can entail filing a lawsuit, going to trial, and awaiting a verdict by a court. A personal injury attorney with experience in personal injury cases knows what it takes to win, and they will use the resources and knowledge they have to fight for the best outcome for their clients.

#5. How Do You Secure a Settlement?

A settlement is often the best-case scenario for a personal injury victim. You can avoid a long-drawn court battle with an unpredictable outcome by settling a case with an insurer or other party. Settlements are not a given, and settlement offers to victims without lawyers are always an opportunity for insurers to take advantage of the victim’s lack of knowledge of their rights and the insurance industry to provide as little money as they can get away with.

When an insurance company is dealing with a victim that has an attorney, they know they will not get away with unreasonable and low-ball settlement offers. An attorney knows what your case is worth, and the insurers know this. A lawyer more often than not represents those who reach a successful settlement that accounts for many of their losses. Fighting for the value of your claim without an attorney is challenging when you may not be aware of the extent of your losses, and you do not know how to combat the tactics employed by insurers.

Attorneys representing clients in personal injury matters want to settle, but only when it is fair for the victim and the compensation pays for their losses. A personal injury attorney looking out for your best interest will not push a settlement on you that is unreasonable, insufficient, or unfair when they know they are likely to have a better chance at success through further legal action.

What Can You Do to Help Your Case After an Injury or Accident?

The aftermath of an injury is unpredictable, often frustrating, and it is difficult to wait and see what will happen in your case. Once you hire an attorney, you don't need to worry about managing your case. However, you still help your lawyer improve your chance of collecting the most possible compensation in your claim.

#1. Follow up with your medical care

Accident injuries are painful and frustrating. One day you may feel like you are finally taking strides forward in your recovery, only to wake up one day feeling like you are moving too slowly in healing or there is an unexpected setback.

Do not lose motivation to care for yourself. Keep up with your medical appointments, follow the advice of your doctors and continue with your rehabilitation. It is a challenge not to know the outcome of your injuries, but doing all you can during your recovery period will help you heal as quickly and as best as possible.

#2. Keep a personal log of your experience

The recovery after an accident can take a long time, and victims can sometimes feel isolated or alone in their situation. Only you know what you are experiencing and going through on a day-to-day basis. Keep an easy-to-use log of your experience during your recovery. This can include notes about how you feel physically, mentally, and emotionally, as well as challenges you are facing and other information that you believe might be relevant to your case.

You can’t always update your attorney daily about your recovery. A daily log allows you to keep this important information in one place so you can refresh your memory if necessary. Accidents and injuries are stressful experiences.

We may not always know how we will react to stress and how well we will remember facts about the accident and your recovery days, weeks, or months down the line. A personal log provides you with a security blanket should your memory not be as clear later in your case, and you need to remember a particular topic or event during or after the accident.

#3. Stay up to date with your attorney

You live a busy life. It can be hard to stay on top of everything after an injury, and missed messages and calls are inevitable. Still, it is essential to respond to messages and phone calls from your attorney’s office as soon as possible. Staying in communications with your attorney and their staff will help you quickly settle matters in your case and keep the case moving towards a positive resolution.