An attorney cannot tell you exact chances of winning a lawsuit after an accident and injuries. There are too many variables and uncertainties to give a client precise odds about their case’s success. However, a Cape Girardeau personal injury lawyer can use their experience and resources to review evidence, documentation of damages, and expert testimony and explain whether they believe your case is strong.
Personal injury lawyers typically only receive compensation if they win your case. Therefore, they only accept cases they believe will ultimately succeed. The fact that a law firm accepts your case should be the first indication you have a reasonable chance of winning.
What Makes a Strong Personal Injury Lawsuit?
The stronger your personal injury case is, the better your chances of winning generally become. Some elements that can make a strong personal injury case include:
Clear Evidence of Negligence
Personal injury cases typically require an attorney to prove defendants’ negligence. Therefore, obtaining clear, convincing evidence of negligence can make a significant difference in the outcome of a personal injury case. Common forms of evidence in personal injury lawsuits include:
- Video footage of a harmful event (such as a slip and fall accident or car accident)
- Photographs of an accident scene
- Eyewitness testimony
- A police report
Different case types involve different forms of evidence. Let your lawyer obtain any proof of negligence that can lead to the financial outcome you seek.
Detailed Documentation of Damages
Every personal injury case revolves around the plaintiff’s damages. Your attorney will work to prove that you have suffered injuries and experienced harm as a result. They may prove this using:
- CT scans, MRIs, X-rays, and other medical images
- All medical records detailing your injuries
- Employment records showing your lost income
- Invoices related to property costs
- Any other documentation illustrating damages caused by negligence
The more comprehensively your lawyer can prove your damages, the stronger your case is likely to be.
Convincing Expert Testimony
Experts often play important roles in personal injury lawsuits. These experts may testify, reconstruct harmful events, help calculate damages, and serve other roles within the context of your case.
Your lawyer may work with:
- Doctors and other medical professionals
- Mental health professionals
- Experts in the field your case falls within (such as premises liability or product liability)
- Economists
- Other qualified experts
Your attorney may have relationships with experts who can contribute to your case. These experts’ services may provide credibility to your lawsuit and ultimately improve your case’s odds of success.
A Comprehensive Argument Tying Together All Case Elements
Your attorney will tie together every element of your case, including evidence of negligence, documentation of your damages, and expert testimony. Your lawyer’s ability to piece these elements together and form a comprehensive, convincing case will be critical to your case’s success.
Your Case May Only Be as Strong as Your Lawyer
Your lawyer can substantially affect your chances of winning a personal injury lawsuit. While lawyers should never guarantee results to a prospective client, your legal team will be responsible for obtaining the compensation you deserve.
When seeking a lawyer to handle your case, consider:
- The lawyer’s practice areas: You will need a law firm that focuses on the practice area your case falls within. If you suffered injuries because of a slip and fall, seek a firm that focuses on premises liability.
- The law firm’s case results: Law firms often post case results on their websites. These results will give you insight into how effective a firm is when negotiating settlements and taking cases to trial.
- The law firm’s location: Generally speaking, you should hire a law firm with an office relatively close to where your case will take place. A law firm may not necessarily have an office in the specific city where your litigation will occur; try to find a firm that won’t have to travel far to meet with you and handle case-related responsibilities.
- The firm’s fee structure: Most personal injury lawyers offer a contingency fee arrangement in which the client does not have to pay any upfront or out-of-pocket compensation to the firm. Many clients prefer this arrangement, as they may be financially pressed and want the law firm to cover case-related costs.
- Reviews from a lawyer’s former clients: Clients see firsthand whether a law firm honors its promises and provides a high level of legal and personal service. Consider reviews from law firms’ former clients when choosing your lawyer.
You can also complete free consultations with law firms that meet your criteria. A representative of the firm will discuss your case with you. Seek answers to any questions or concerns about the firm, and listen to the law firm’s reasons for hiring it.
Types of Personal Injury Lawsuits
Many events can lead you to hire a personal injury lawyer, including:
- Motorcycle accidents
- Car accidents
- Truck accidents
- Pedestrian accidents
- Slip and fall accidents
- Trip and fall accidents
- Attacks allowed by negligent security
- Animal attacks
- Medical malpractice
- Harmful events caused by defective products
- Boating accidents
- Environmental poisoning
Those who suffer injury or illness because of another party’s negligent actions should consider hiring a personal injury lawyer. If you lost a loved one because of injuries or illness related to negligence, a personal injury lawyer can lead a wrongful death case on your behalf.
Will My Case Necessarily Require a Lawsuit?
When someone hires a personal injury lawyer, it does not necessarily mean that their lawyer will file a personal injury lawsuit. In many cases, a lawyer obtains fair compensation for their client through the insurance claims process.
Your attorney will evaluate your unique circumstances and create a customized case strategy. They may start your fight for compensation with an insurance claim and then file a lawsuit if circumstances warrant.
Should I Let a Personal Injury Lawyer Handle My Lawsuit?
Many compelling reasons exist to let a lawyer handle your personal injury lawsuit. You may work with a seasoned personal injury attorney because:
- Your recovery leaves no spare time for your case: Recovering from injuries can seem like a full-time job. Even if you had the will to handle your own claim or lawsuit, you may lack the time. When you hire a personal injury lawyer, you can spend your time recovering physically, psychologically, and emotionally.
- You are suffering physical and psychological hardship: Physical injuries and psychological distress may limit what you can do. You may have pain and other restrictions that prevent you from handling an insurance claim or lawsuit effectively.
- You don’t want to pay for your case out of pocket: A law firm’s financial support is one of several reasons to hire a personal injury attorney. Your attorney and their firm will pay the entire upfront cost of completing your case, building their compensation into their fee structure.
- You want access to a lawyer’s training and experience: You cannot put a price on years of legal experience. Your attorney will likely have real-world, actionable experience that benefits your case. Your lawyer will not panic or make rash decisions because they have encountered many different circumstances in the legal arena.
- You believe a lawyer can do your case justice: When you weigh all relevant factors, you may simply decide that a lawyer is in the best position to win your case. If you think a lawyer has a greater chance of winning a personal injury lawsuit, why not hire them?
Anyone may benefit from hiring a personal injury lawyer. However, we know that disabling injuries are especially costly, and those with severe injuries may benefit from hiring a lawyer for several reasons.
Don’t hesitate to ask for help after suffering injuries or losing a loved one. You deserve sound legal advice and services, so hire a personal injury lawyer today.
How a Lawyer Will Seek to Win Your Personal Injury Lawsuit
Personal injury attorneys take ownership of every aspect of their cases. Having such comprehensive oversight ensures:
- The lawyer always knows what is going on with the case
- The law firm ensures every detail of the case is tended to
- The law firm can build as strong a case as possible
- The client does not have to worry about any aspect of the case
Your law firm will urgently build the case you deserve, and their responsibilities will include:
Contacting Insurers
Dealing with insurers is a necessary but potentially hazardous aspect of a personal injury claim. Your lawyer will:
- Ensure the proper filing of your claim
- Coordinate with the claims adjuster
- Provide information about your losses to the insurance company
- Coordinate settlement negotiations when the time comes
Insurance companies do not always negotiate in good faith. Having a layer handle your claim will ensure no rights violations occur.
Obtaining All Evidence of Defendants’ Negligence
Your legal team will obtain all evidence contributing to your chances of winning the personal injury lawsuit. Personal injury lawyers often have investigators tasked with gathering evidence, and they will waste no time gathering these key case elements.
Creating a Robust Record of Your Damages
Attorneys request a specific amount of compensation for specific damages. Therefore, your attorney will secure documentation to prove the following:
- The exact injuries you have suffered
- The specific types of medical care you require
- Exactly how your injuries have affected you professionally
- The specific property costs you are facing
- The nature and severity of your pain and suffering
Medical bills and records, expert testimony, and employment records may be key documentation in your personal injury case.
Calculating a Settlement Value
Personal injury lawyers consider both economic and non-economic damages when calculating case values. If you face a long recovery, disabling injuries, or long-term income loss, your lawyer will consult experts to calculate your future damages.
Negotiating a Settlement
Most personal injury lawsuits settle, as there are reasons for all parties to reach an agreement before a trial becomes necessary. Your attorney will push hard for a fair settlement because:
- Victims of negligence need compensation as soon as possible, and settling is the quickest way to obtain a financial recovery
- The trial comes with some uncertainty, as a jury or judge ultimately decides whether the plaintiff receives compensation
- The trial can be expensive
A law firm should never avoid going to trial when doing so is in the client’s best interests. However, expect your lawyer to fight hard for a fair settlement before discussing the possibility of a trial with you.
Overseeing Any Necessary Lawsuit
If you and your personal injury lawyer decide that filing a lawsuit is necessary, your law firm will oversee every step of the process. Once your lawyer files a lawsuit, they may then:
- Continue negotiating with liable parties for a fair settlement
- Complete the pre-trial process, which may include depositions and discovery
- Organize all case materials in advance of the trial
- Represent you in the courtroom
Your attorney will present a comprehensive case and urge a jury to compensate you fairly. If you have hired a law firm worthy of your trust, you can rest knowing that your case is in capable hands.
Does Hiring a Lawyer Improve My Chances of Winning a Lawsuit?
No attorney will guarantee that they will deliver the results you seek. However, there are many clear benefits to hiring an attorney. From their experience to their financial support, a lawyer’s service may lead to the case you deserve.
Do Not Wait to Hire Your Personal Injury Lawyer
Once you decide to hire a lawyer, time is of great importance. You should hire your personal injury attorney as soon as possible because:
- Your case may have a strict filing deadline (known as the statute of limitations)
- Your legal team needs to secure evidence while it is available
- The sooner your lawyer begins your case, the sooner they may resolve the case (and deliver compensation to you)
You can find a lawyer online, through recommendations, or local advertisements. Research firms and complete free consultations to identify the right lawyer for your personal injury case.
Your priority must be your mental and physical health. Allow a personal injury lawyer to handle your claim or lawsuit.