Not all injury claims have merits so how to know if your particular case can result in a lawsuit.
Criteria that defines a strong personal injury case that can win the lawsuit and injury claim.
How to know if your personal injury lawsuit has merits and chances of success. Your accident case may show merits for the claim to be adjudicated in your favor. However, failure to prove the merits using substantial evidences in the court result in outright denial of injury claims. Sometimes a good personal injury claim proves worthless if not presented in correct format in the court.
Dealing with the lawsuits can be cumbersome as one must know the applicable state laws. Mandates and legal criteria that defines party at fault due to negligence. It is important to know if your accident claim will be denied in the court and criteria leading to outright dismissal of poorly fought claim. Serious injuries can affect your ability to work. This is the injury lawyers are important. A reputed attorney will do everything in our power to help you get the financial security you need, especially if your injury keeps you from being able to work and support your family.
So what makes a strong personal injury lawsuit. Let’s drill down into understanding merits of personal injury claims and how injury lawyers can help.
Can You Prove Carelessness By Other Party
A good litmus test comes when you can successfully prove that your injury is result of other party’s negligence. Failure to give sufficient attention to the maintenance, or failure to provide safety instructions and even implement them at the workplace are some of the examples that can prove negligence by other party.
If there are sufficient circumstantial or fact based evidence that can prove that the injury is result of lack of precautions by your employer or machinery, you have almost won the battle.
What did the business do wrong to cause the accident?
However, this process is not easy. Only experienced lawyer can assess the merits of your case. Employ investigators, if needed, to understand the geological location of the workplace. Safety procedure involved and preventive mechanism employed to avoid any workplace accidents.
Personal injury lawsuit, supported by factual evidences showing fault by the other party. Also effectively proving to the judge that the accident could have been avoided or altogether prevented by employing emergency breakers boost your chances of winning the lawsuit. You lawyer will also try to demonstrate that stop gap measures incase of accident were absent at the workplace which is also a criteria to prove carelessness on your employers part (it also applies to machine manufacturer to display emergency stop switch and provide manuals documenting process to avoid machine failures and resulting accidents).
6 Criteria test to know if you have a strong personal injury claim that can successfully be fought in the court.
Hiring Injury Lawyer Is Important To Avoid Claim Denial
If you study the court records, you will find most important fact that in almost all successful injury lawsuits, the plaintiff were represented by injury lawyers and attorneys. If history is any indication, never try to handle court cases on your own. Always consult with an attorney beforehand.
If you use our ‘find injury and accident lawyer‘ search, we will show you shortlisted attorneys and lawyers that offer free consultation and free case evaluation. Moreover, these attorneys have been shortlisted based on publicly proven track records. Make sure you hire an attorney who will work on no fee and only commission basis. In other terms, No Fee If No Win. That way you can be rest assured that your injury lawyer is not working just to earn his fees but in your sole interest and protect your legal rights.
A good attorney will not rush a settlement if it means getting less than the true value of the claim.
Questions to ask to your attorney
How Long Does a Personal Injury Lawsuit Take to Settle?
What steps should you take after a car accident?
How to know if your case has any merits?
Extent Of Injury
If you are injured and your injuries are severe in nature, its a key to win large award money or monetary compensation. We all love our health and no one would want to get injured in car accident or workplace incidents. Should you get injured, seek medical help immediately. When your injuries need medical attention, your hospital administration will testify in the court in your favor.
The hospital and doctor’s office provide detailed documentation highlighting extent of injury, future effect on your overall health as a result of accident, medical treatment, duration and cost associated with the treatment. Remember, the hospital is tertiary party with no direct involvement in your lawsuit. As a result any written or oral testimony provided by them is considered as important piece of evidence. The judge will pay serious attention to the documents submitted by your hospital.
Need help to find top rated attorneys with proven track records and consistent 5 star reviews,
SAN DIEGO’s TOP PERSONAL INJURY LAWYERS
The severe injuries drive up the value of lawsuit. When you hear the huge awards, sometimes in millions, are often related to significant and permonent loss to a person or group of people as a result of workplace accident. Although the news of huge payout may sounds fascinating but you don’t want to be the one involved in those cases as huge awards often means serious and life threatening injuries. How to know if.
Injury As A Result Of Accident
How To Know If Your Personal Injury Lawsuit Has Merits
Injuries that can closely be related to an accident are only considered as part of lawsuit. This point is very important especially injuries that can surface few years later after accident. Prominent example is spinal cord injuries. Back-pain or spinal cord damages as a result of workplace accident take years to become prominent.
Ability to relate these injuries as a result of job site or job activities is important. If you remember the famous Mesothelioma lawsuits (some of them are still ongoing), a successful lawyer has demonstrated in the court with proof how asbestos exposure at workplace was result of cancer in plaintiff. There are many cases where plaintiff suffering from mesothelioma were left dry due to the single fact that they couldn’t prove their injuries were result of workplace injury.
The easier it is to successfully link your injuries to workplace accident, your chances of receiving monetary compensation increases significantly.
You Are Absolutely At No Fault
As a plaintiff, it is important to prove that the injury or accident was entirely other party’s fault. Can you prove that the negligence caused was employer’s fault and you were absolutely 0% liable to the accident.
Most employer are represented by big insurance firms. Just like you, employer or businesses will try to prove how the accident was result of full or partial carelessness on your part too. Can the business prove that you were equally at fault that has resulted in the accident. Most personal injury lawsuits are settled outside court. But when your demand for compensation is denied by employer or employer’s insurance, a lawsuit is warranted.
If your employer or business counters back claiming you too were at fault, this is flashing red sign and you must seek attorney help immediately. Failure to prove that you were 0% responsible to workplace accident, may result in outright denial of your claim. Despite the outcome of your lawsuit, the fact remains the same. That you are still injured and left without any financial assistance to deal with your injuries and hospital expenses.
If your employer proves that you were 50% at fault, your compensation will be cut into half.
As your percentage of fault increases, your awarded compensation works exactly opposite. Greater the percentage showing you are at fault, the compensation awarded to you will naturally be smaller.
How Court Decides If Plaintiff Too Is At Fault In Personal Injury Lawsuit Determined
How does the judge decide if you too are at fault and hence equally liable to cause an accident. Common sense rules are applied to determine who’s at fault. Example, if the injury has been caused by wet floor or hazardous surface condition, the judge may ask why you as a plaintiff did not bring to your employer’s attention or observe proper precautions.
Blaming other party is easy but very difficult to prove in the court. If you claim is for $100,000, however should the court decides that you too were equally at fault, the maximum compensation that can be awarded to you will immediately cut into half.
Holidays are about creating memories, but if the holiday you’ve looked forward to all year has been ruined by an injury, you might want to do something about it. Inquire with reputed injury lawyer for a FREE 30-minute consultation to know merits of your injury claim lawsuit.
There Is A Suitable Party As Defendant In Your Case
Your injury case looks strong and meet all merits and criteria to be adjudicated in your favor. But what if the opponent is not financially stable business entity.
If you are suing a small business that doesn’t have enough collateral to cover your damages, despite having a strong personal injury case, you may end up in receiving almost nothing. The court may decide in your favor, but if the defendant is financially not strong enough, how will you get the money.
The court is not going to pay you for someone else’s fault, neither do your state fund. Often cases against individual owner or small business end up in practically going nowhere just due to absence of a qualified defendant.
Your attorney during first FREE consultation will review the merits of your case and provide guidance. Make sure if your claim meets these top 6 eligibility criteria before proceeding further.
Your ultimate source to FREE legal guide, court processes involved in claim processes. Visit our blog for FREE guides on Car accident claim process, Car accident attorneys and law offices, Personal claim legal help and top attorneys in San Diego California. How to know if
Download our app for FREE legal guides on claim processes and find attorneys in your area. Download on the Google Play Store today.