After a personal injury, it is not easy to know immediately whether the injured person is entitled to compensation for their injuries. Even if the personal injury case of the accident victim is strong, the other party may try to discredit it and restrict your financial compensation.
Any accident victim considering filing a personal injury lawsuit wants to know if they have a chance of winning. The answer is that it’s always uncertain and depends on several factors. This is where personal injury lawyers can help you.
Personal injury victims can have their cases reviewed by lawyers to determine whether they have a claim or not. Attorneys have years of experience working on such cases and may give you a better understanding of the potential of your case. Additionally, if you are entitled to a claim, you can get help filing your personal injury claim with the assistance of these lawyers. Here are six signs of a successful personal injury claim.
1. You Have Proof That the Defendant Breached the Duty of Care
Suppose you ask a doctor friend about a particular symptom that you have been experiencing, and her opinion is wrong. In that case, you can’t file a medical liability lawsuit because no duty of care is established. To win something like a negligence suit, the defendant must prove that the party in question owed the victim a duty of care.
2. The Liable Party Admitted Guilt
When plaintiffs and defendants speak before litigation, there are chances that the defendant admitted their fault in the accident. This can be the lawyer’s most effective weapon when preparing to take a personal injury case to court.
Consider if you are injured in a parking lot. The parking lot owner texted you on your way to the hospital to say they’re sorry that the oil spill on the floor caused your injury. This can be important evidence to prove their fault in court.
3. Severe Medical Injuries
If you have suffered serious injuries and can prove this in court with the help of medical evidence, you likely have a strong case. Since many people take advantage of the legal system to earn quick money from man-made or exaggerated injuries, it is essential to have strong evidence (medical bills, doctor appointments, and costs of treatment). After all, even the best insurance policies may leave gaps that cost you thousands.
4. You Didn’t Make Any Mistakes
The following are some of the most frequent errors that might make it difficult for you to submit a legitimate personal injury claim:
- Posting on social media after an injury
- Missed getting medical care immediately after the incident in question.
- Admitting fault to the insurers
- Missed documenting the medical records
- Ignored a doctor’s advice
- Not hiring a personal injury lawyer
- Signing official documents given by the insurance adjusters
- Giving consent to insurers to record your statements
5. The Accident Led to Personal Damages
The basic goal of personal injury cases is to recover damages. The at-fault party may be penalized by the court and will also be asked to pay damages for both financial and emotional losses. If you have not been in an accident or experienced any damage, you have no grounds for a personal injury claim.
6. There Is Photographic Evidence
Although eyewitness evidence is crucial, nothing compares to a real-time accident capture. We live in a digital era of smartphones, CCTV, and enhanced image processing capabilities in mobile phones. Your mishap could have been recorded on video by a camera. You may have a strong personal injury claim if you can present video or photographic evidence to back up your allegations and demonstrate the defendant’s carelessness.
These are the six signs you can use to analyze whether you have a strong personal injury claim or not. However, if you are still unsure, your best bet is to consult a lawyer. If someone else’s negligence caused your injury and you believe you are entitled to compensation, consulting a personal injury attorney is the best choice.