Blog

These Three Elements Must Be Present if You Want to Win a Personal Injury Judgement or Settlement

If you are thinking about bringing a personal injury case, you are probably wondering, “What are my odds of winning?” The solution is complicated, but if these three criteria are not present and observable, you will not be able to win your case. For a free legal consultation, call Law Offices of Fernando D. Vargas at 909-982-0707 if you have any more questions regarding your choices.

Evidence of a Serious Injury

Even if you do not have a major injury, you might be able to win a case, but it will not be worth your effort. Why? Because the difference between what the insurance company provides you and what your compensation should be will most likely be lower.

Personal injury cases involving a catastrophic injury and a large amount of evidence are the easiest to win. It will be your word against someone else if there is no proof to substantiate the harm. That is why, following an accident, you should always seek medical attention. This not only ensures that you receive the treatment you require, but it also serves as proof of your injuries.

Evidence of Liability

You must not only show that the injury occurred, but also that the at-fault person was at fault. Evidence such as police reports, images, eyewitness accounts, and more can be used to do this. Even if you believe you have minimal proof of who was at responsibility for the accident, you should consult with a personal injury lawyer.

We can engage with an accident reconstruction specialist to see if there is any proof of how the accident happened. Remember that even though you are partially to blame, you may be able to collect damages from another partially to blame person. It will lessen your own settlement, but it will not prevent you from receiving one at all.

The Possibility of Recovering Compensation

Whatever the strength of your case, the entity you are suing must be able to pay the damages. The good news is that most sorts of personal injury lawsuits, such as vehicle accidents, animal attacks, and slip and fall incidents, are covered by insurance carriers. However, the amount of money that these policies will pay out may be limited.

You might sue the culpable party directly if your insurance does not cover all or part of your injuries. This may be an option if they are really affluent, but if they only make $25,000 per year, you are unlikely to recover any money from them.

It is worth noting that the accident could have been caused by multiple parties. If that is the case, you have the right to sue each of them individually. If you were hit by a bread truck as a pedestrian, the driver, their employer, and the vehicle’s manufacturer might all be deemed partially at responsibility and liable for your losses.