Ideally, under the tort claims and regardless of its basis, whether negligence, intentional or strict liability, personal injury claims have two basic issues; that is damages and liability.
One of the cross-cutting question when it comes to personal injury claims is the question, was the defendant liable for the damages that you’ve sustained?
And if that’s the case, what is the nature and extent of your damages?
To this end, if you can prove damages and liability, then you can be guaranteed that the justice system will grant you compensation for your loss.
The above text doesn’t intend to make personal injury lawsuits to look so much easier because the truth of the matter is that personal injury lawsuits can be a bit complex, time-consuming as well strenuous compared to other lawsuits.
To get a clearer picture on your chances of winning a personal injury lawsuit, it’s much important to understand the parameters or rather odds around personal injury lawsuits.
The Basics of Personal Injury Lawsuit
In a perfect world, personal injury cases are legal disputes that ordinarily emerges when an individual endures harm/injury from a mishap, and another person being legitimately in charge of that injury.
In most cases, individual damage cases become formalized through civil court proceedings with the point of attempting to discover who is legally to blame through a court judgment or notwithstanding settling the case out of court and along these lines informal settlement.
In contrast to criminal cases, which are regularly initiated by the government, a typical individual damage case starts when a private individual generally referred to as a plaintiff files a civil complaint against another person, business, organization or government agency (defendant) asserting that they acted heedlessly, recklessly or neglectful with an accident or injury that caused harm to them. This whole process is alluded to as filing a lawsuit.
Then again, most arguments about issuers for a mishap or even harm are ordinarily settled through informal settlement; that is, among those actually associated with the dispute including their safety net and lawyers representing both sides.
Compensatory Damages in Personal Injury Cases
Again, so as to determine whether or not you going to win your personal injury case, it’s essential to familiarize yourself with some of the compensatory damages.
Most of the personal injury cases are termed as compensatory to mean that they are subject to compensation for what was caused in time of the injury.
One of the main reasons why compensation is done is to try and restore the plaintiff’s monetary standpoint to the extent that it’s possible. Some of the examples of damages that plaintiffs can be compensated for incorporate:
Medical treatment: –
Personal injury damage always includes the expense of medical treatment related to the mishap.
You might be entitled to compensation for the mishap’s impact on your income. This is generally is in connection to the loss of earning ability.
Property loss: –
If at all any garments, vehicle or other items were damaged because of the mishap then you are likely qualified for repair or compensation for the reasonable market value of the specific item lost or damaged.
Pain and suffering: –
You also qualify for compensation for pain or genuine distress endured during the accident or as prompt consequence. Also, if you endure any progressing pain ascribed to the mishap, at that point you additionally qualify for compensation.
Emotional distress: –
This is profoundly associated with serious accidents, and they are ordinarily meant to compensate a plaintiff for the mental effect of an injury incorporating fear, tension, tremor, or lack of sleep.
Loss of consortium: –
In a perfect world, this is damage relating to the effect the injuries have on the plaintiff’s associations with their life partners or rather the loss of companionship or failure to maintain a sexual relationship.
Loss of enjoyment: –
This is harm relating to the inability to enjoy their everyday interests such as hobbies, working out, among other recreational activities.
Steps Towards Winning a Personal Injury Lawsuit
Upon familiarizing yourself with the personal injury cases, it’s fairly important to understand how you can win a personal injury, that is in the case of either of the above damages
- Consult with Your Personal Injury Attorney: Upon receiving appropriate medical attention, you should schedule for a consultation meeting with your lawyer. During this meeting, your lawyer will assess whether or not you have the legal grounds to file for a personal injury claim based on documentation. This is a very crucial stage towards winning your personal injury lawsuit, and for that it’s important, you ensure that you hire a good lawyer with the relevant skills. Before entering into a contract with the lawyer read through the contract carefully and ensure the lawyer clarifies about the fees. If this stage is carefully undertaken, then your chances of winning the personal injury lawsuit are ultimately high.
- Investigation of the Claim and Medical Records: What follows is your lawyer investigating about the specifics of your case by interviewing you about the nature of the accident, the extent of the injuries and the medical costs. At this stage, you are also expected to provide your lawyer with all records and bills relevant to the injuries sustained in the accident.
- Making Demands Prior to Filing a Lawsuit: If at all, your lawyer feels like your case can be informally settled depending on the outcome of the case, then they will issue a demand and begin negotiations. If you are satisfied with the defendant’s offers, then you settle and close the case. If you are not satisfied, then your lawyer will go ahead and file a lawsuit.
- Filling a Personal Injury Lawsuit: The very first stage here is to file a complaint after which the defendant responds to it by either denying or accepting the allegations. At these stage negotiations take place to try and win the lawsuit and depending on your lawyer’s efforts, you can win or lose the lawsuit.
- Trial and Appeals: As stated in the text above, personal injury lawsuits can belong as well complex as each side is expected to present their side of the story, and lawsuits can move from trial to appeals.
Collectively, the chances of winning a personal injury lawsuit can at times be thin, however, following the steps above more keenly with a good lawyer, then your chances of winning your lawsuit are extremely high.