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How to Win a Personal Injury Case

June 22, 2020 | Personal Injury

If you or somebody you care about has been injured due to the careless or negligent actions of another person, it may be necessary to file a personal injury lawsuit to recover compensation for your losses. Personal injury cases can become incredibly complicated, and “winning” one may not look like a person expects it to. Rarely do personal injury trials look like the big victories you may see on TV shows. These cases are typically more tedious and not as exciting, but they do produce results for injury victims. Here, we want to discuss how a “win” actually occurs in a personal injury case.

Why are Personal Injury Cases Filed?

A personal injury lawsuit may be filed anytime a person is injured due to the negligence of someone else. This can include other individuals, companies, government entities, etc. Some of the most common ways that personal injury cases arise include car accidents, workplace accidents, defective products, medical malpractice, property owner negligence, and more.

A Win Before a Lawsuit is Filed

In most cases, when a person sustains an injury caused by the negligence of another, the first step will be to file a claim against the at-fault party’s insurance carrier. For example, if you are injured due to the actions of a drunk driver, you will file a claim against that driver’s insurance carrier. If you were hurt due to faulty stairs at a person’s home, your claim would be against their homeowner’s insurance policy.

Ideally, a win in these cases would be the insurance carrier providing a settlement that covers all of a victim’s injury expenses, lost wages, and any pain and suffering endured. However, there are times when insurance carriers or the at-fault party refuse to offer a fair settlement.

Winning a Personal Injury Case

The absolute best way to increase your chances of success in a personal injury lawsuit is to secure assistance from a skilled and experienced personal injury lawyer. Most injury victims will not have the resources necessary to conduct a full investigation into their claim. A personal injury attorney will not be constrained by finances, and this is important. To have the best chance of winning a personal injury claim, an attorney will need to obtain all evidence necessary to prove the liability of the other party. This will include gathering:

  • Any video or photo surveillance
  • Statements from eyewitnesses to the incident
  • Any company safety or personnel records
  • Any accident or police reports pertaining to the incident

To win a personal injury case, an attorney will ensure that their client is evaluated by a trusted medical professional. An experienced medical professional can assess their injuries and help properly calculate their total losses.

The Importance of Seeking Medical Care

Being successful in a personal injury case will revolve around proving that the victim was actually injured. It is important for a person who sustains an injury to seek medical care as soon as possible. It is vital that a doctor conducts an evaluation and determine what treatment an injury victim needs.

Victims of personal injuries must continue going to all follow-up visits. They need to follow all treatment plans prescribed by their doctor until they have reached maximum medical recovery. This will help show insurance carriers or a jury the full extent of the injuries involved. It will also help estimate the total expected costs the victim has endured.