With 39.5 million injury cases needing medical treatment in the US each year, personal injury lawsuits are common. In fact, civil court filings, which covers personal injury lawsuits, grew by 16% in 2020. If you have suffered an injury and someone else caused it, you may have a strong case for seeking compensation through a personal injury lawsuit. However, not all injury cases are clear-cut. Here are some key signs that point to a strong claim for damages:
Evidence of Negligence in a Personal Injury Claim
One of the most important factors in a personal injury case is being able to prove negligence. This is something an experienced personal injury attorney can help with. Negligence means that the defendant failed to act with reasonable care and directly caused the plaintiff’s injuries. Strong evidence like security footage, eyewitness testimony, or documentation that shows safety protocols were not followed can help prove negligence. Having a convincing argument that the defendant acted carelessly and caused the accident makes a huge difference in establishing liability. Luckily, there are around 70 million surveillance cameras installed in the US, so finding security footage is a lot easier these days.
Serious Injuries after Your Accident
The extent of the plaintiff’s injuries is also key. More severe injuries like broken bones, traumatic brain injuries, spinal cord damage (there are 18k new cases each year), or disabilities tend to result in higher compensation payouts. This is because serious injuries usually require more expensive medical treatment and can permanently impact one's quality of life. Plaintiffs who can provide medical records and doctor statements that detail major injuries or lasting health effects will have an advantage over those with only minor cuts and bruises.
Lost Income due to the Injury
Being able to prove lost income due to the injuries sustained in the accident is another element that strengthens a personal injury claim. Plaintiffs who miss substantial work time while recovering or who can no longer work in the same capacity as before due to disability can claim these lost wages as damages. Providing documentation like pay stubs, tax returns, and doctor notes excusing one from their job builds a compelling case for lost income compensation.
Records of Medical Expenses Keeping Track of the Injuries
Detailed records of all medical costs incurred due to the accident-related injuries, including hospital bills, ambulance fees, physical therapy, medications, assistive devices, and in-home care are valuable for making a persuasive claim for compensation. Keeping and organizing all receipts and documentation related to medical treatments makes it easy to prove the total costs that should be covered. High medical expenses also correlate with more severe injuries, and an overnight stay can cost in excess of $11,700.
Liability Limits in Personal Injury Cases
Finally, it helps if the defendant has sufficient liability insurance coverage or assets to pay out a substantial settlement or court award. Even with strong evidence of negligence and serious damages, it can be difficult to recover full compensation if the at-fault party lacks adequate coverage or resources. Plaintiffs generally want to target defendants who have the means to pay for the harm they caused.
Some of the key factors that indicate a strong personal injury case include solid proof of negligence, major injuries and losses, extensive documentation, and a defendant with enough liability coverage or assets to pay damages. Consulting with an experienced personal injury attorney can help determine if your specific circumstances make a compelling claim that warrants pursuing compensation.
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