Not all injury claims have merits, so how to know if your particular case can result in a lawsuit?
Your accident case may show merits for the claim to be adjudicated in your favor; however, failure to prove the merits using substantial evidence in the court result in outright denial of injury claims.
Dealing with the lawsuits can be cumbersome as one must know the applicable state laws, mandates, and legal criteria that define the party at fault due to negligence. It is essential to know if your accident claim will be denied in the court and criteria leading to outright dismissal of a poorly fought claim.
Serious injuries can affect your ability to work. This is why an injury lawyer is necessary. A reputed attorney will do everything in their power to help you get the financial security you need, especially if your injury keeps you from being able to work and support your family.
So what makes a strong personal injury lawsuit? Let’s drill down into understanding the merits of personal injury claims and how injury lawyers can help.
Can You Prove Carelessness of The Other Party?
A solid claim comes when you can successfully prove that your injury results from the other party’s negligence. Failure to give sufficient attention to the maintenance or failure to provide safety instructions and even implement them at the workplace are some of the examples that can prove negligence by another party.
If there is sufficient circumstantial or fact-based evidence to prove that the injury resulted from a lack of precautions by your employer or machinery, you have almost won the battle.
What Did The Business do Wrong to Cause The Accident?
However, this process is not easy. Only an experienced lawyer can assess the merits of your case. Employ investigators, if needed, to understand the geological location of the workplace: safety procedures involved and preventive mechanisms employed to avoid any workplace accidents.
Also, effectively proving to the judge that the accident could have been avoided or altogether prevented by employing emergency breakers boost your chances of winning the lawsuit. Your lawyer will also try to demonstrate that measures to keep the workplace safe were absent at the workplace, which is also a criterion to prove carelessness on your employers part (it also applies to machine manufacturers to display emergency stop switches and provide manuals documenting the process to avoid machine failures and resulting accidents).
Below are six criteria to know if you have a solid personal injury claim that can successfully be fought in court.
Hiring Injury Lawyer is Important to Avoid Claim Denial
If you study the court records, you will find the most crucial fact that the plaintiff was represented by injury lawyers and attorneys in almost all successful injury lawsuits. If history is any indication, never try to handle court cases on your own. Always consult with an attorney beforehand.
Make sure you hire an attorney who will work on no fee and only a commission basis. In other terms, No Fee If No Win. That way, you can rest assured that your injury lawyer is not working to earn his fees but in your sole interest and protect your legal rights.
A reasonable attorney will not rush a settlement if it means getting less than the claim’s actual value.
Questions to Ask Your Attorney
- How long does a personal injury lawsuit take to settle?
- What steps should you take after a car accident?
- How to know if your case has any merits?
Extent of Injury
If you are injured, and your injuries are severe, it’s a key to winning considerable award money or monetary compensation. We all love our health, and no one would want to get injured in a car accident or workplace incident. Should you get injured, seek medical help immediately. When your injuries need medical attention, your hospital administration will testify in the court in your favor.
The hospital and doctor’s office provide:
- Detailed documentation highlighting the extent of the injury
- Future effect on your overall health due to an accident
- Medical treatment
- Duration, and
- The cost associated with the treatment
Remember, the hospital is a tertiary party with no direct involvement in your lawsuit. As a result, any written or oral testimony is considered an essential piece of evidence. The judge will pay serious attention to the documents submitted by your hospital.
Severe injuries drive up the value of the lawsuit. When you hear the vast awards, sometimes in millions, are often related to significant and permanent loss to a person or group of people due to a workplace accident. Although the news of enormous payout may sound fascinating, you don’t want to be involved in those cases, as huge awards often mean severe and life-threatening injuries.
Injury as a Result of Accident
How to Know if Your Injury Lawsuit Has Merits
Injuries that can closely be related to an accident are only considered as part of the lawsuit. This point is critical, especially injuries that can surface a few years later after an accident. A prominent example is spinal cord injuries. Back pain or spinal cord damages as a result of workplace accidents takes years to become apparent.
The ability to relate these injuries as a result of a job site or job activities is essential. The easier it is to successfully link your injuries to a workplace accident, your chances of receiving monetary compensation increases significantly.
You Are Absolutely at No-Fault
It is essential to prove that the injury or accident was entirely the other party’s fault as a plaintiff. Can you confirm that the negligence caused was the employer’s fault, and you were absolutely 0% liable for the accident?
Significant insurance firms represent most employers. Just like you, employers or businesses will try to prove how the accident resulted from full or partial carelessness on your part. Can the company prove that you were equally at fault that has resulted in the accident? Most personal injury lawsuits are settled outside court. But when employer or employer’s insurance denies your demand for compensation, a case is warranted.
If your employer or business counters back claiming you too were at fault, this is a flashing red sign, and you must seek attorney help immediately. Failure to prove that you were 0% responsible for a workplace accident may result in outright denial of your claim. Despite the outcome of your lawsuit, the fact remains the same that you are still injured and left without any financial assistance to deal with your injuries and hospital expenses.
If your employer proves that you were 50% at fault, your compensation will be cut in half.
As your percentage of fault increases, your awarded compensation works precisely the opposite. The rate showing you are at fault; the compensation awarded will naturally be minor.
How The Court Decides if The Plaintiff is at Fault in a Personal Injury Lawsuit
How does the judge decide if you, too, are at fault and equally liable to cause an accident? Common sense rules are applied to determine who’s at fault. For example, if the injury has been caused by a wet floor or hazardous surface condition, the judge may ask why you as a plaintiff did not bring to your employer’s attention or observe proper precautions.
Blaming other parties is easy but very difficult to prove in court. If your claim is for $100,000, however, should the court decide that you too were equally at fault, the maximum compensation that can be awarded to you will immediately be cut in half.
There is a Suitable Party as a Defendant in Your Case
Your injury case looks strong and meets all merits and criteria to be adjudicated in your favor. But what if the opponent is not a financially stable business entity?
If you are using a small business that doesn’t have enough collateral to cover your damages, you may end up receiving almost nothing despite having a solid personal injury case. The court may decide in your favor, but if the defendant is financially not strong enough, how will you get the money.
The court will not pay you for someone else’s fault, nor do your state fund. Often, cases against an individual owner or small business end up practically going nowhere due to the absence of a qualified defendant.
During the first FREE consultation, your attorney will review the merits of your case and provide guidance. Make sure your claim meets these top 6 eligibility criteria before proceeding further.