As a victim of a personal injury that is weighing the options and possibilities for your case following an accident, you may wonder what your chance is of a successful outcome.
A lawsuit and seeking compensation for your damages can feel daunting and uncertain. However, the burden that an injury can cause on your life and finances is also unsettling. Understanding the process following a personal injury incident due to negligence can help you realize how your case may proceed and the likelihood of receiving compensation for your losses. Reach out to a personal injury lawyer.
A personal injury lawyer can provide valuable insight and specifics about your case, including their perspective on whether you can win.
Personal Injury Trial versus Personal Injury Settlement
When an accident happens, and you suffer an injury due to negligence, the law enables you to pursue compensation from the parties responsible. How a victim seeks compensation and whether they are successful can vary from case to case. However, to resolve a case, a plaintiff will either go to trial or reach a settlement if they file a lawsuit. Success through either of these methods is not guaranteed, and every case is unique.
Personal Injury Trial
When you file a lawsuit, you are asking a court for assistance and to determine the outcome of a personal injury matter. Through a personal injury trial, each side can present their case and evidence for why they should win the case.
Once a case proceeds through a trial, the court can enter a verdict that addresses the issues as to who is responsible or at fault for the injuries you sustain and if anyone is responsible for paying your damages.
Additionally, when entering a verdict in a personal injury case, the court will ultimately determine the amount of damages the law entitles a victim to receive if the court finds in favor of the plaintiff.
Personal Injury Settlement
A victim files a lawsuit to pursue compensation from a defendant in court. However, even after filing a lawsuit, a victim can accept a settlement if a defendant presents an offer.
Out of court settlements are common resolutions in personal injury cases. While some cases can settle early, the filing of a lawsuit becomes necessary in other personal injury cases. The parties may still settle as the case draws closer to a trial. To reach a settlement, both parties to the case must agree to its terms. Once a victim accepts a settlement offer, the case concludes and resolves.
Does a Personal Injury Matter Always Require a Lawsuit to Seek Compensation?
Lawsuits can occur in personal injury cases for several different reasons, but they are not always needed. A victim can reach a settlement outside of court and before filing a lawsuit with the help of their personal injury attorney. If you can get an offer of compensation early on in your case that you agree to, there is likely no longer a need for a court to intervene, and it is possible to avoid the need to file a lawsuit altogether.
Parties may choose to settle due to the evidence, the costs of a trial, the extent of damages, and the cause of an injury.
How Most Personal Injury Cases Resolve in the U.S.
As a plaintiff you may feel disadvantaged or that your case may not win against the insurance company or defendant. There is no way to predict the exact outcome of any personal injury matter. However, looking at past results of victims in similar situations can give you some insight into what you can expect and what could happen in your case.
Reports on personal injury lawsuit filings across the U.S. indicate that most personal injury matters reach a resolution through a settlement. Statistics overwhelmingly show that 95 percent of personal injury lawsuits resolve in a settlement for the plaintiff. Only 5 percent of personal injury matters continue onto a trial after the filing of a lawsuit. Additionally, in the cases that go to trial, plaintiffs receive a verdict in their favor in 90 percent of the personal injury cases.
As a plaintiff, you are not at a clear disadvantage. With the right help from a personal injury attorney, you have a good chance of reaching a favorable resolution in a personal injury case in the U.S. when you are the victim of a personal injury accident.
Factors That Can Influence the Outcome of a Personal Injury Case
The experience of one personal injury victim can vary from another, and it is understandable for a victim to feel unsure about the compensation they may be eligible for in their case following an injury. Many factors contribute to a personal injury case resolution, influencing whether a case settles between the parties or must continue through a court.
Speaking to a personal injury attorney about the details of your injury and the events causing your damage can give a lawyer an opportunity to provide you with a clear explanation of your rights and expectations for your case. However, as you navigate the aftermath of a personal injury accident, review the different factors that can affect the resolution of your claim or lawsuit.
Available Insurance Coverage
Many personal injury cases resolve through an insurance claim that covers the victim’s damages. Insurance claims offer a victim the opportunity to file for losses through any available insurance coverage that applies to a personal injury accident. Insurance coverage for personal injuries is often complex and can entail challenging hurdles for a victim to get the compensation they deserve.
Personal injury lawyers are not only beneficial when a lawsuit is necessary but can significantly influence the timeline of a personal injury case when you hire the attorney at the outset of your claim. Your attorney can review your damages and the insurance coverage available to determine whether the coverage is enough and then proceed to negotiate with the insurer to try to settle the claim.
If they succeed in the negotiations, you may receive compensation without needing to file an action in court. However, if an insurer unfairly denies a claim or does not offer reasonable compensation for your damages, it may be necessary to file a suit.
Apportionment of Fault
Who is at fault for the accident and your subsequent injuries is a critical question that can let you know who you can seek compensation from after a personal injury accident.
Fault may not always be obvious and, in some cases, may seem arbitrary. Accidents that involve multiple parties can result in more than one defendant that is ultimately liable to you for your damages.
Disputes involving fault and the apportionment of fault determined by an insurer can lead to a lawsuit if the parties cannot agree. So can an insurer’s denial for any liability for your losses.
Proof in the Case
To win a personal injury case, you must prove your case. Gathering evidence to support your claim and lawsuit helps you prove to an insurer or a court why you are eligible for the compensation and how much compensation you should receive. The strength of your case lies in the proof you provide.
As a plaintiff, it is your burden to show how your injury occurred, who is liable, the amount of money you lost due to the incident, and the personal impacts of the injuries on your daily life. The stronger your case, the more likely you will reach a resolution that benefits you and the higher your chance of a settlement outside of court.
Is it Better to Have a Lawyer in a Personal Injury Case?
Hiring a lawyer can mean the difference between reaching a positive outcome in your case or facing difficulties and challenges that interfere with your ability to get the compensation you need following an injury.
A personal injury lawyer is worth hiring as they can take some stress off of you during this challenging time and provide the legal knowledge, experience, and background you need to successfully manage and argue your case.
When you hire a lawyer, you can improve your chance of maximizing the compensation available to you in a personal injury case and reaching a resolution that aligns with your needs following a personal injury.
How Can a Lawyer Help You With a Personal Injury Lawsuit?
A lawyer’s job in a personal injury case when representing a plaintiff is to fight for your rights and help you get compensation for your losses, such as medical bills, lost income, pain and suffering, and additional damages following an unexpected personal injury that interrupts your life.
Whether by filing an insurance claim through available coverage or by helping you to prepare a lawsuit against the responsible party or parties, a personal injury lawyer can take the proper action following a personal injury arising out of negligence.
Investigate the Cause of Your Injuries and the Impacts
Your lawyer can investigate the accident and the injuries you sustain. They can also evaluate how the injuries affect your life and how they may continue to affect your life in the future.
A personal injury lawyer can take the time to retrieve and review the evidence to build your case. Proving what caused your injuries, the extent of your injuries, and the effects of those injuries are part of an injury claim and can influence how quickly you reach a resolution and the amount of money possible as compensation.
Find Liability
You may have some indication as to who is responsible for your injuries and damages. However, a lawyer can look at all parties in the case to determine everyone who is liable. There are instances where liability for an accident may develop unexpectedly based on the facts of the personal injury incident and the relationship of the parties involved. Your lawyer can help ensure you file the claim or lawsuit against the right parties.
Calculate Your Personal Injury Damages
If you hire a lawyer, you can rest assured they can help you determine your maximum losses. Damages after a personal injury can involve many unknowns and uncertainties. Your attorney can help get answers to your questions and calculate the total damages available based on your injuries in a personal injury accident.
Fight for You in and out of Court
When you hire a personal injury lawyer for representation in your case, they can represent you in court, in a claim, and in settlement negotiations. They can continue to fight for your rights and find the best approach to resolving a case on your behalf when dealing with the insurance companies or other defendants responsible for your damages.
Will You Win Your Personal Injury Case?
There is no telltale sign that your case is an absolute win. The combination of factors and evidence in your case all contribute to whether your case can result in compensation to you.
Your lawyer can keep you informed of the process of seeking compensation in your case and recent developments in your claim that may impact whether a lawsuit is necessary.
Your attorney has the best insights into the strength of your case and can set appropriate expectations based on the facts of your case and their interactions with the insurer and other involved parties. If you want a clear perspective on your personal injury matter, contact a personal injury lawyer for help with your claim or lawsuit.