When one party causes injuries to another, there are two options that the injured victim may consider to recover the damages, and these are filing an accident claim or bringing a personal injury lawsuit. Most victims settle the case, while a few decide to seek justice in court.
There are a few things that the injured party must consider before pursuing legal action, as it can help determine the chances of winning the personal injury lawsuit. Schuerger Shunnarah Trial Attorneys have successfully helped many affected victims get the compensation they deserve.
Those who have suffered injuries in Dallas, Texas, should contact Schuerger Shunnarah Trial Attorneys to discuss their case and learn more about their legal options.
What Are the Chances of Winning a Personal Injury Lawsuit?
According to the Bureau of Justice Statistics Bulletin published by the U.S. Department of Justice, about 75% of the cases were disposed of through an agreed settlement or voluntary dismissal. Only about 3% of personal injury lawsuits get resolved in court.
Going to trial can be expensive and time-consuming, which is why most personal injury cases get settled outside of the court. However, out-of-court settlements may not be the best option for the plaintiffs in some cases.
If a case proceeds to trial, there are several factors that can help determine the chances of winning the lawsuit. Some of them include the following:
Liability
Under personal injury law, if a person harms another individual due to their negligent actions or intentional misconduct, they may be responsible for the damages incurred.
To recover compensation, the injured victims must establish liability by proving the key elements of a personal injury lawsuit, which includes the following:
Duty
Causation
Damages
In cases involving intentional misconduct, there is an additional element of intent, while the law assumes the element of duty in a strict liability case.
It is crucial for an injured victim to reach out to an experienced personal injury lawyer to discuss their case and help establish liability.
Evidence
To increase the chances of winning a personal injury lawsuit, it is crucial for the plaintiff to back their claims up by providing strong evidence. There are two important types of evidence, and they are as follows:
Evidence of Negligence
The plaintiff must prove that the other party's actions resulted in their injuries. There are several types of evidence they can submit to strengthen their personal injury lawsuit, and these include the following:
Pictures: "A picture is worth a thousand words" is an adage in multiple languages, and in personal injury cases, it can play a significant role in determining liability. When a car accident occurs, for example, a picture of the vehicles involved can help establish the party responsible for the incident. A photograph of a broken handrail can prove that the store owner failed to protect their customer from hazards on their property.
Videos: Video footage can illustrate how the defendant harmed the plaintiff. It can even tell other kinds of information which may be critical to the personal injury lawsuit, such as the exact date and time of the incident. Security camera footage, for example, can prove that the spilled beverage that resulted in a slip and fall accident in the store was left unattended by the staff for a long time.
Witness testimony: When an accident occurs, there may be witnesses around. By providing testimony in court, a witness can play a major role in determining the case's outcome. It's important to note that the defendants can cross-examine the witness and their accounts of the incident, which is why plaintiffs must reach out to them immediately before the memories start to fade away.
Evidence of Injuries
In addition to providing evidence of negligence or misconduct, the plaintiff must also provide proof of their injuries. It is essential that they maintain a file with all the medical records, medical bills, doctor notes, and prescriptions after their accident.
A medical record can help establish the plaintiff's injuries and also illustrate their severity. It can determine whether the injured party may need surgeries or extensive medical care while proving that the injuries did not arise from pre-existing conditions.
An accident can not only lead to physical injuries but also adversely impact the victim emotionally. If the injured party seeks to recover non-economic damages, such as pain and suffering or mental anguish, they must provide evidence to back up their claims.
Proving non-economic damages in a personal injury lawsuit can be extremely challenging. The plaintiff must prove in court that the incident has adversely impacted their life and mental state. Psychiatric evaluations and friends' and family members' testimonies are some examples of evidence that can help strengthen the personal injury case.
It's important to note that not all pieces of evidence can increase the chances of winning a personal injury case. In fact, some may adversely impact its outcome. A skilled personal injury attorney understands the types of evidence that can strengthen a lawsuit, which is why it is crucial for injured victims to seek legal representation.
Modified Comparative Negligence
There are different types of negligence rules that can help determine the outcome of a personal injury lawsuit. In Texas, the state follows the modified comparative negligence rules.
Under the modified comparative negligence rule, an injured victim can recover compensation for the damages incurred even if they're partially responsible for the accident. However, the law bars them from making any recoveries if they're more than 50% liable for the incident.
Below is an example to help demonstrate how the rule may impact a personal injury lawsuit:
John is driving over the speed limit when he gets into an accident with Ben, who runs a red light. With $50,000 in damages incurred, John decides to pursue a personal injury lawsuit against Ben. The court determined that John is 40% liable for the incident because he would've avoided the accident if he wasn't speeding.
Although John is 40% liable for the accident, under the modified comparative negligence rule, he is still able to pursue damages, as his degree of fault is below 51%.
Statute of Limitations
The statute of limitations refers to the time period in which an injured party may be able to pursue a personal injury claim or lawsuit.
In most personal injury cases, the victims may have two years following the date of their injuries to recover compensation. However, the time frame may increase or decrease depending on many different factors.
Failure to file a personal injury lawsuit within the time frame allotted by the law can bar the injured party from recovering damages. This is why it is important for the victims to know how much time they have to pursue civil action.
A key thing to remember is that although most cases may have a two-year statute of limitations, it's crucial for the injured party to work on their personal injury case immediately.
Building a strong lawsuit and gathering the necessary evidence can take time. Waiting long enough can jeopardize the victim's chances of winning the suit.
Legal Representation
Although every citizen has the right to represent themselves in court, it can jeopardize their chances of winning a personal injury lawsuit unless they have legal expertise.
The judges cannot show leniency towards the injured party representing themselves and will hold them to the same high standards as they would an attorney.
A skilled personal injury attorney can help improve the plaintiff's chances of winning a lawsuit. They understand the personal injury law, can build a strong case, and adhere to the legal process. A knowledgeable lawyer can also negotiate with the insurance company and present their client's case in a compelling way.
Insurance Coverage
When an injured victim pursues a claim or lawsuit against the negligent party, they're expecting their insurance company to cover the damages. An insurance company may settle before trial or court proceedings, depending on their willingness and the facts of the case.
However, in some cases, they may disagree over the settlement and decide to fight the victim's claims in court. If that happens, the injured party must be legally prepared, as insurers have big-shot attorneys representing them and their best interests. They can easily defend against a poorly-built case, which can affect the victim's chances of winning the personal injury lawsuit.
Another thing to assess is the type of coverage and the limits on the defendant's policy. It can help determine how much compensation the plaintiff may be able to recover.
Below is an example of how insurance coverage may affect a personal injury lawsuit:
Sarah suffers injuries in a car accident due to Mariah's negligence. She incurs $100,000 in damages and decides to pursue civil action against Mariah's insurance company. However, Mariah only has $50,000 of coverage.
In the above example, Sarah cannot recover $100,000 from Mariah, as she only has $50,000 worth of insurance coverage. She can only recover a maximum of $50,000 from Mariah's insurer.
An experienced personal injury lawyer can help assess the insurance limits and any additional policies to tap into to maximize recoveries.
Pre-existing Conditions
In some cases, the injured party may have pre-existing medical conditions that can get worse after an accident or a triggering event.
The defendant may argue that they're not liable for the injuries and blame them on prior medical conditions. If they can present their arguments successfully, it can jeopardize the chances of winning a personal injury lawsuit.
How Can Experienced Personal Injury Lawyers Improve the Chances of Winning a Personal Injury Lawsuit?
There are several ways Schuerger Shunnarah Trial Attorneys can improve the victim's chances of winning a personal injury lawsuit, and some of these include the following:
They Have Trial Experience
Going to trial can be nerve-racking for attorneys. However, Schuerger Shunnarah Trial Attorneys have extensive experience in winning personal injury lawsuits in court. They understand the legal challenges associated with presenting a case and can help avoid the potential pitfalls.
They Can Calculate the Damages
Placing a dollar amount on the damages incurred and proving it by providing evidence is important in fighting a personal injury lawsuit in court. Most injured victims who are without legal representation often recover less money than those with the best personal injury lawyers in Dallas on their side.
Calculating economic damages is easy. An injured victim must add all the out-of-pocket expenses they incur after an accident, which may include medical bills (hospital fees, surgery costs, prescription medication, and other medical expenses), property damage, and lost wages (past lost income and loss of future earning capacity).
On the other hand, it's incredibly challenging to calculate non-economic damages without the help of a skilled personal injury lawyer.
Schuerger Shunnarah Trial Attorneys have extensive experience in determining the value of damages in personal injury claims and lawsuits. They have the resources to get expert opinions from psychologists, psychiatrists, and other professionals to help assess compensatory damages.
They Can Provide Legal Guidance
Schuerger Shunnarah Trial Attorneys can help evaluate the facts of the case and determine whether it is worth the time and money to go to a trial. They can answer question such as Does a no-fault claim guarantee a settlement?
In most cases, it may be possible for all the parties to agree on a fair settlement, which is an inexpensive and quick way to recover the damages incurred.
They Understand the Law
Whether it is a personal injury claims process or filing a lawsuit, there are certain steps that the injured victim must follow to pursue civil action against the at-fault party. Failure to adhere to the legal rules can result in a claim or lawsuit dismissal.
The legal and administrative team at Schuerger Shunnarah Trial Attorneys have decades of combined experience in filing claims and lawsuits. They know the process and can help the victim circumnavigate the perils of court proceedings.
Winning a Personal Injury Lawsuit Can Be Challenging. Schuerger Shunnarah Trial Attorneys Can Help!
Those who have suffered injuries due to another's negligence in Dallas, Texas, should call to schedule a free consultation with Schuerger Shunnarah Trial Attorneys.
The legal at Schuerger Shunnarah Trial Attorneys can help assess the facts of the suit, investigate the incident and gather evidence (medical records, payslips for lost wages, and more), build a strong case, and increase the victim's chances of winning a personal injury lawsuit in court!