This is a common question and there is no standard or one-size-fits-all answer. Every case is unique and the outcome depends on a variety of factors. However, we do take a number of things into consideration when analyzing how we might approach a personal injury case.
The most crucial element of any personal injury case is assigning liability. If you cannot connect the defendant’s conduct to the injury. i.e., what the law calls causation, then there can be no case. What this means is you must be able to prove who or what caused your accident and subsequent injuries.
For example, if you suffered injuries in a car accident, causation evidence can come from dashcam or security footage, photos of the scene of the accident, police reports, medical documentation, and witness testimony. All of these can help establish fault and show what or who caused the accident. Cases with very little evidence can be harder to prove as there may not be much to tie the at-fault driver to your accident or your injuries.
Putting an experienced and strong attorney in your corner can also increase your odds of success in a personal injury action. Deciding whether to go to trial or settle out of court can be a life-changing decision, and having the right legal team on your side can help you make the proper decision. An attorney can help you avoid a lowball offer and negotiate for what you really deserve.
Maximizing your chances for compensation
Follow these tips for your best chances at success when considering a personal injury action:
- Save and preserve every piece of evidence and document related to your accident.
- Get medical treatment following the accident, even if you feel fine.
- Do not wait to get your case started.
- Do not be too eager to sign any offers from anyone or settle early. This means be very careful talking to insurance companies.
- Take into account future medical complications and wage loss, which may not be known until your injuries plateau and a medical expert weighs-in.
- Do not talk about your case on social media.
If you are a hard numbers person, statistics say that 95 percent of personal injury claims settle out of court and 57 percent of car accident cases that go to trial settle in favor of the plaintiff.
Again, every personal injury case is different and requires a different approach. The attorneys at McNicholas & McNicholas in Los Angeles invite you to tell us about your legal situation. We can go through it from top to bottom and let you know the strength of your case. To schedule a free consultation, call 310-474-1582, or reach out to us through our contact page to tell us your story.
Please note that this blog is not to be construed as legal advice. Because every case is fact-specific, you should consult directly with an attorney to obtain legal advice specific to your situation.
For more than three decades, McNicholas & McNicholas, LLP has built a reputation as one of California’s leading law firms. Founded by a family of attorneys spanning three generations, John McNicholas and sons, Patrick and Matthew, have tried hundreds of cases to jury verdict on behalf of clients. Learn More about McNicholas & McNicholas