According to the U.S. Department of Justice, only 5% of personal injury cases go to trial, as most cases are settled out of court. However, in some situations, individual injury cases are not resolved out of court, and the case proceeds to a trial. The success of the personal injury lawsuit depends on several factors. Here are some key factors determining if you are likely to win or lose your personal injury lawsuit.
Liability
One critical factor in the outcome of a personal injury case is who is liable for the accident that led to the injury. During the trial, the plaintiff must prove the defendant’s negligence or wrongdoing resulted in their injury. Establishing liability becomes more difficult if a personal injury case has multiple parties. In some personal injury cases, the plaintiff can share some fault in the accident. This can become a potential defense strategy for the other party, putting the plaintiff at risk of not receiving any compensation.
Even if the injured party shares fault for the accident, they can still be entitled to compensation. However, this depends on state laws. For example, some states follow the pure contributory negligence rule where if the plaintiff shares even 1% fault in the accident, they will not receive any compensation for their injuries. Most states follow the comparative negligence principle through which the plaintiff will not receive compensation if they share more than 50% fault in the accident.
Evidence
A personal injury case requires several types of evidence to prove the fault of the liable party. The evidence plays a vital role in the outcome of the lawsuit. For example, the injured party must provide a record of the expenses incurred due to the injuries they suffered. The evidence could include photos, videos, witness testimony, expert analysis, and other admissible evidence. Documentation such as police reports can also serve as evidence for the lawsuit. You will find winning a personal injury lawsuit challenging without proper evidence.
Insurance Coverage
Before the case proceeds to trial, the injured party can seek a settlement from the other party’s insurance company. However, if the other party does not have adequate insurance, it can impact the outcome of the personal injury case. For example, if the liable party only carries minimum insurance coverage and your expenses are higher than that coverage, you can only recover as much as the policy limits offer. In such cases, an experienced personal injury attorney can advise you on seeking compensation through other means, such as using your uninsured/underinsured motorist coverage or obtaining compensation via the personal assets of the other party.
Legal Support
While you can represent yourself in a personal injury lawsuit to claim compensation, it is better to get expert legal representation. A PI lawyer in North Hollywood who is well-versed in personal injury law with experience in similar cases can help you get a favorable outcome from the lawsuit. In addition, they can guide you on gathering solid evidence for your case. Of course, no attorney can guarantee results, but you improve your chances of winning a lawsuit by hiring a personal injury lawyer
