If you’ve been in an accident or hurt because of someone else’s mistake, you might be thinking about making a claim to get some money for your damages. This is your right. But you should know that personal injury cases aren’t always easy to figure out.
There are a lot of things that can change how the case goes. From the laws in your state to the details of what happened, all of it affects what happens next.
If you’re thinking about taking legal action, you would have to be fully aware of the possible factors that play a role. The personal injury lawyers at Abels & Annes can explain it all and help you figure out what to do next. The lawyers at Ables & Annes, P.C., have secured millions of dollars for victims just like you. They can get you the compensation you deserve.
The Factors That Really Matter
Here are the top factors that affect the outcome of a personal injury case:
How Bad the Injuries Are
One of the most important factors in any personal injury case is how serious your injuries are. The more severe your injury is, the more likely you are to receive higher compensation.
This is because the more severe your injuries, the more medical care, rehabilitation, and time off work you’ll need. If you need surgery or ongoing treatment, or if your injuries result in permanent damage or a disability, you’ll have a stronger claim.
The injuries can also affect your ability to do everyday things such as working, playing with your kids, or even just taking care of yourself. The more you can show how your life has been impacted, the more likely you are to get a compensation package that reflects your suffering and the costs you’re facing.
The Evidence
The strength of your case often depends on the evidence you have. The more solid proof you can gather, the better. Evidence can come in many forms:
- Medical records that show the extent of your injuries
- Photos of your injuries, accident scene, and anything related to the incident
- Witness statements that describe what happened or how the accident has impacted you
- Records that show your lost wages or time missed from work
The clearer and more convincing your evidence is, the stronger your claim will be.
Witnesses
Sometimes, the accident itself isn’t as clear-cut as it seems. In these cases, witnesses can be the deciding factors. Having someone who saw the accident or who can testify to how your injury has impacted you can add weight to your case.
The credibility of the witness is just as important as their testimony. If a witness is unreliable or their story seems inconsistent, it can hurt your case. That’s why you must ensure you rely only on credible, reliable witnesses who can speak to the facts.
Insurance Companies
Insurance companies are often involved in personal injury cases, but they don’t always have your best interests in mind. They may try to minimize your injury, downplay the severity of your damages, or argue that you were partially at fault to avoid paying you a fair settlement.
That’s why it’s important to not just rely on the insurance company’s initial offer. You need to have solid proof of the damages, and you need to be prepared to stand up to their tactics.
A good lawyer will help you deal with all the complex and frustrating insurance processes and ensure that the insurance company doesn’t take advantage of you.
Comparative Negligence
Sometimes, you may be partially at fault for the accident. If that’s the case, the amount of compensation you can receive could be reduced depending on how much responsibility you have.
For example, if you were involved in a car accident and it was determined you were speeding, but the other driver also ran a red light, both parties could be at fault. In some states or countries, the percentage of fault you bear will reduce your total compensation.
Even if you’re partially responsible, you might still be able to recover damages, but the amount you’re entitled to will depend on how much fault is assigned to you. This is called comparative negligence, and the rules about how it works can vary from place to place.
