Have you suffered an injury during an accident? If so, you may file a personal injury claim. However, do you need to sue? This is a question that many accident victims have. They also wonder if it is worth the effort, time, or hassle to file a suit.
This is mainly because there aren’t any guarantees in the personal injury legal realm. However, there are some factors that will affect whether or not your claim is successful. Before moving forward, consider the factors that may impact your case here.
Legal Representation
This is one of the main factors that determine if your personal injury accident claim will be successful. If you don’t have an attorney, you won’t have any idea about what is going on, what possible causes of action you have, or deadlines that may impact your case. Even if you did know these things, do you know how to deal with them?
For example, consider if you have filed a claim for lost future wages. Do you know how to present the claim in court? Do you know what documents or witnesses that may be needed at trial to prove the claim? Can you prove to the court that your witness can testify about your future earnings or reliably extrapolate the earnings for the next three decades?
You also have to consider the fact that the other side is going to attempt to “low ball” you when settling your case. Having a lawyer will help ensure you get the compensation you really deserve based on what your case is worth.
The Extent of Your Injuries
This is one of the more obvious factors that may affect your claim. It is also a catch-22 situation, where if you want to recover more from your personal injury claim, you have to suffer more extensive injuries. This is one factor that some plaintiffs don’t think about when they sue someone for personal injuries. If there is a significant settlement or verdict for plaintiffs, it is typically because the plaintiff suffered serious injuries.
Evidence Availability
Consider this scenario – someone ran a red light and hit you. It is clear that the other driver is to blame, but if you don’t have the right evidence, the case may evolve into a “he said, she said” type of situation.
However, if there was a red-light camera that captured the incident or if you have a dash cam that was on, you have evidence to prove who was at fault. Evidence is a key factor when it comes to winning a personal injury claim.
As you can see, there are several factors that may impact the outcome of your legal situation. Be sure to keep the information here in mind to know whether you should move forward with the legal action. Your likelihood of winning is significantly affected by all the factors listed here, so don’t go into a lawsuit blindly.
