There is no single straightforward answer to this question; it depends on a variety of factors, not the least of which is your own definition of what “winning” means. However, once you’ve got an idea of what you want to get out of your personal injury suit, there are a number of ways to predict how successful you’re likely to be.
In this post, we look at the factors that dictate the likelihood of success in personal injury cases, and explain how you can use them to your advantage.
When you think about a winning personal injury case, you might picture a courtroom showdown in which a jury finds in your favor and hands you the verdict you’ve been looking for. However, for the vast majority of our clients, the reality is quite different.
After our lawyers file a lawsuit on your behalf, we’ll enter a period of negotiation with the legal representatives of the other side. The aim here is to come to a settlement that both sides can agree on, saving the hassle, time, and expense of a courtroom trial. So, for most of our clients, the classic idea of “winning” a lawsuit doesn’t really apply.
Of course, we still place a lot of importance on battling to secure the best possible outcome for you. As we’ll show, there are a lot of different elements to this.
Several factors can influence the quality of the outcome of your personal injury case. We go into detail on some of the most important ones here.
If you want a good result in your personal injury case, you need a good personal injury lawyer. An effective attorney needs to have a lot of experience when it comes to negotiation, the ability to win courtroom battles, a broad and deep network of expert consultants (such as independent medical experts and accident reconstruction specialists), and a compassionate approach to client relations.
If you’d like to learn more about how our firm would approach your case, schedule a free initial consultation with us. During this no-obligation meeting, we’ll analyze all the available evidence, assess the damages you’ve suffered, and advise you on the best course of action going forward.
One of the most important factors in winning a personal injury case is the strength of the evidence. This includes medical records, eyewitness testimony, photos, and police reports.
The assistance of an experienced lawyer is often crucial when it comes to collecting evidence. For instance, if you’ve been in a car accident and neither you nor the other driver had a dashcam installed at the time of the crash, your attorney will be able to track down other forms of video evidence, such as from nearby traffic or surveillance cameras. Your lawyer may also be able to track down eyewitnesses and get them to provide testimony about what they saw.
Also, evidence by itself doesn’t win personal injury cases; it must be presented effectively in order to work for you. This is one of the key competencies of a strong personal injury attorney.
The more amenable the defendant in your case is to negotiate productively with you and your lawyers, the easier it will be to secure the settlement you need.
A key consideration here is how urgent your financial needs are. If you have bills you need to pay in the very near future (and the defendant in your case knows this), this will weaken your bargaining position.
Unfortunately, many of the defendants our team must work against in personal injury cases are insurance companies. These are typically powerful multinationals with teams of in-house attorneys at their disposal. Their business model relies on keeping claim payouts to a minimum, so they’ll do whatever they can to defeat or devalue your claim. Even if your case seems very strong, an insurer will exploit any loophole it can to delay paying you or to deny your claim outright.
Remember, though: The attorneys at The Cochran Firm in Philadelphia never back down from a fight. If we can’t get you the settlement you need, we won’t hesitate to fight your case in front of a judge and jury.
At The Cochran Firm in Philadelphia, our attorneys deal with almost every type of personal injury claim. No matter the circumstances of your injury, we should be able to assist you in the pursuit of compensation.
Different case types involve different challenges (and different strategies to overcome these challenges). While there’s no such thing as an easy case, some tend to be more complex than others.
Road accidents, including car, truck, and motorcycle collisions, are among the most common personal injury cases. Success rates are generally higher when there’s clear evidence of the other driver’s negligence, such as police reports or witness statements. Having a well-documented medical record of your injuries is also crucial to strengthen your claim.
Because Pennsylvania is a choice no-fault state, though, you may not need to file a personal injury lawsuit at all following a road accident. If you have no-fault coverage, you’ll be able to file a claim with your own insurance provider regardless of who was at fault for your crash. However, if the damages arising from your crash exceed the limits of your no-fault policy, you will need to file a lawsuit to recover the rest of the money you need to cover your costs.
Medical malpractice claims involve injuries caused by a healthcare professional’s negligence or failure to meet the accepted standard of care. These cases often center around surgical errors, misdiagnosis, or improper treatment.
Medical negligence cases tend to be highly technical; expert testimony is usually required to demonstrate that the medical provider deviated from accepted practices. Cases involving clear errors (such as an operation conducted on the wrong body part) tend to have better odds of success.
Slip-and-fall cases typically occur when a property owner allows a hazard (such as a wet floor or uneven pavement) to lead to an accident. To succeed in these cases, you need to prove that the property owner knew or should have known about the hazard and did nothing to fix it. If the hazard was obvious and you didn’t take reasonable care to avoid it, your chances of success could decrease. If the property owner in your case has a history of safety violations, you will be more likely to succeed.
Wrongful death claims arise when someone’s negligence or intentional act causes another person’s death. These cases often follow fatal car accidents, workplace injuries, or medical malpractice incidents.
The odds of success are higher when there is clear evidence of negligence, such as drunk driving.
Work injury cases often arise when employees are hurt on the job due to unsafe conditions, faulty equipment, or lack of proper training. These cases are particularly common in industries involving risks to physical safety, such as the construction industry.
It’s important to note that personal injury lawsuits are often unnecessary in cases arising from workplace accidents. Workers’ compensation is a state-mandated insurance program that provides wage replacement benefits and coverage of medical costs to employees who suffer injuries in the line of work. Crucially, it’s not necessary to prove that your employer was at fault for your accident to succeed with a worker’s comp claim; you just need to show that your injury arose because of your working activities.
It’s important to note that worker’s compensation does not cover noneconomic damages, such as pain and suffering or loss of enjoyment of life. Also, it‘s not possible to sue your employer in relation to a workplace accident if you have access to worker’s comp benefits.
However, if negligence by a third party played a role in your accident, you may be able to file a personal injury lawsuit against that person or entity. This might be the case if, for example, you got into a car accident while working as a delivery driver and the other party was at fault for the crash.
Maximize Your Chances of Winning a Personal Injury Case by Hiring a Top-Class Lawyer
Ultimately, winning a personal injury lawsuit isn’t about defeating a defendant, but emerging with a settlement that covers all your costs and allows you to get your life back on track. At The Cochran Firm in Philadelphia, we do everything in our power to achieve this kind of outcome for every client who comes through our doors.
Contact us today to schedule your free initial consultation. You can reach us over the phone at 800-969-4400 or by filling out our online contact form. Don’t delay, though; the sooner you start the process, the better your chances of emerging with a good result will be.
