The Three Crucial Factors for a Successful Personal Injury Claim or Settlement
If you are considering filing a personal injury lawsuit, it is only natural to question, “What are my chances of success?” While the answer can be complex, the absence of these three elements will significantly reduce your chances of winning. If you require further clarification about your options, feel free to call us at Law Offices of Fernando D. Vargas on 909-982-0707 for a complimentary legal consultation.
1. Significant Injury Evident
While it is possible to win a case with a minor injury, the effort may not justify the outcome. This is because the gap between the insurance company’s offer and your deserved compensation may be minimal.
Personal injury cases with severe injuries and abundant evidence stand the best chance of succeeding. In the absence of proof to support the injury, it could boil down to your word against theirs. Therefore, seeking medical attention after an accident is critical. Not only does it ensure necessary care, but it also serves as evidence of your injuries.
2. Proof of Responsibility
In addition to proving that the injury occurred, you must establish that the defendant was responsible for it. This can be done using various types of evidence like police reports, photographs, witness testimonies, among others. Even if you believe there is little proof of liability, consulting with a personal injury attorney is recommended.
We can collaborate with an accident reconstruction expert to unearth any evidence that shows how the accident occurred. Remember, even if you are partially at fault, you could still obtain damages from the other party who is also partially to blame. While this could reduce your settlement, it does not eliminate the possibility of receiving one.
3. Ability to Recover Compensation
Regardless of how strong your case is, the party you are suing must have the means to pay the damages. Thankfully, most personal injury cases, such as car accidents, animal attacks, and slip and fall incidents, involve insurance companies that cover these types of incidents. However, the payout from these policies may have limits.
If your insurance does not fully cover your injuries, you may consider suing the party at fault directly. This could be a viable option if they have significant assets, but if their annual income is only $25,000, the likelihood of recovering any money from them is slim.
Remember, there could be multiple parties responsible for the accident. If so, you have the right to sue each of them individually. For instance, if you were hit by a delivery truck while walking, the driver, their employer, and the vehicle manufacturer could all be deemed partially at fault and liable for your losses.
If you have questions about your case and require help from a personal injury attorney, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.