Hundreds or maybe thousands of personal injury cases work their way through the American court system every day. They happen so often because people and business entities frequently inflict harm, whether intentionally or unintentionally. Whenever that happens, a lawsuit can arise.
We can’t overestimate the value of a personal injury lawyer if you’re planning on suing an entity or person. If you don’t have a skilled, experienced attorney by your side, you can easily lose your case, even if the outcome is a foregone conclusion. That’s because you can make a mistake that a professional litigator would easily avoid.
You should also know about the most important factors that can come into play if you’re bringing a personal injury case against a person or entity. We’ll talk about some of those in the following article.
What Exactly Does a Personal Injury Case Involve?
Before we proceed any further, let’s make sure we’re on the same page when we bring up personal injury cases. When we use this term, we mean a lawsuit that a company or person brings in court against another business or individual. In other words, the person who feels a business entity or individual wronged them has decided they will sue that person or entity.
When this happens, there’s no guarantee that the case will progress to the point where you’ll see two lawyers arguing on the plaintiff or defendant’s behalf in court. In fact, that happens relatively rarely. Often, these cases end because the two parties struck a bargain outside the courtroom. The legal system calls that a settlement.
If the two parties can’t settle, that’s when their legal counsel gets up in front of a judge and jury and starts arguing on their respective client’s behalf. Such a case can still end with a settlement, or it might rarely progress to a jury’s decision.
Now, let’s talk about some of the most vital aspects of one of these legal battles that can sometimes make a huge difference in its outcome.
Eyewitnesses
Let’s say you slipped and took a tumble into a display of cans at a store. You sustained some cuts and bruises, or perhaps even a couple of broken bones. You contend that you slipped because of a spill on the floor. You further assert that the store didn’t put up a sign indicating a wet floor, so they should pay you for your doctor bills, pain and suffering, etc.
Did anyone see this happen? You can use a doctor’s report to help prove your case, but having some eyewitnesses usually helps your cause in court. If no one saw the incident, then the store’s legal counsel can always argue that you had some preexisting injuries or that you fabricated the event in some way.
Documents That Prove Your Assertions
You can often find a defendant more eager to settle if you have some documents that prove your story or at least support it. Maybe you have the police report following a car accident. If you sue the other driver because you feel they acted recklessly, and the police report you have backs up your version of events, you’ll likely either get a settlement offer or win if the case ever gets to a jury’s decision.
You can probably think of other documentary evidence that can help you in court easily enough. A doctor’s assessment of your injuries following an accident will help.
Pictures or Video Evidence
If you don’t have any eyewitnesses or documents that back up your story, maybe you can dig up some pictures or video evidence that backs up your claim. Think about it for a moment: nearly everyone has a smartphone in their pocket when they make their way through the world these days, if not in their hand. It’s not uncommon that you can find cell phone footage of a car wreck. If no one happened to catch the moment when another driver struck your car, they probably at least got the aftermath.
You can always ask the court to subpoena someone if you know they have pictures or videos of a wreck. If you can’t locate any citizens walking past who took some photos or videos, maybe you can find a store or traffic camera nearby. That becomes more likely if you see some establishments nearby. It’s less probable if a car wreck happens when you’re in the middle of nowhere with nobody around.
Your Relatability and Credibility
Your relatability and credibility can matter if you sue a company or person. Physical evidence or eyewitnesses always help you more, but how your carry yourself in court, particularly if you take the witness stand, can sometimes make a difference as well.
Maybe that’s unfair, but in reality, a juror who finds you likable will often get on your side and remain there if you have a little less physical evidence or you can’t find any eyewitnesses. If you present yourself humbly and you make it obvious that the person or entity who harmed you has negatively impacted your life, the jurors will probably sympathize. This human element shouldn’t affect the jury, but it can, and you shouldn’t believe any lawyer who says otherwise.
The Attorney You Chose
Speaking of lawyers, the one you choose will often make an enormous difference in personal injury cases. If you find a lawyer, and they say they do personal injury law, ask them if they have won many cases like yours. If they say no, you’ll probably want someone else.
It matters who you have by your side in these lawsuits. An inexperienced attorney or one who does some other type of law might lose your case because they don’t have that all-important practical experience.
Look around online and see what kind of reviews a lawyer has before you choose them. If they don’t have plenty of positive feedback, continue looking. You will find no shortage of personal injury lawyers in the world.