If you’ve been involved in an accident that results in personal injury, you may be overwhelmed with all the different emotions. For example, you may be conflicted about filing a lawsuit while keeping up with your recovery program. However, it doesn’t need to be that way. You can seek justice while recovering from your injuries. When you decide to file a lawsuit, visit personal injury lawyer in Myrtle Beach.They will offer you the best chance to get a favorable outcome. The question of a favorable outcome is what runs through every personal injury victim’s mind. You may be wondering about your odds of success. Perhaps you feel a little responsible for the accident or blame unforeseen factors. Whatever the case, you won’t know until you’ve had a consultation with an experienced personal injury lawyer. Being the professionals that they are, they’ll offer an honest assessment of your chances of winning any proposed personal injury lawsuit.
What Does it Mean to Win a Personal Injury Lawsuit?
A personal injury lawsuit involves one individual or party bringing a case against another in a court of law. Such a party (the plaintiff) is usually the victim that suffered the accident resulting in injury. Sometimes, the plaintiff can be a family member or spouse. The goal of any personal injury lawsuit is to get legal remedy. Such remedy is usually in the form of damages awarded. Each party, through their lawyer, will make their arguments before the court to establish culpability. Depending on the facts and the circumstances of the case, the court may find in favor of the plaintiff. This is what it usually means to win a personal injury lawsuit. However, winning such a lawsuit can take other forms. Usually, the party responsible for a personal injury to a victim will not admit responsibility. However, the threat of a lawsuit and all its ramifications can be enough to change their mind. In such instances, both parties sit down to negotiate an amicable settlement. This is meant to help the victim with things like medical bills and lost income due to the injury suffered. In such cases, the plaintiff will consider that as winning.
What Percentage of People Win Personal Injury Lawsuits?
While there are no reliable figures, it is estimated that less than 5% of personal injury lawsuits actually proceed to trial. The threat of a lawsuit is usually enough motivation to force the other party to the negotiating table. Reaching an agreement out of court is how the vast majority of such cases are settled. In rare instances, the plaintiff will drop the lawsuit. A reason for the latter scenario is that a personal injury lawsuit can be emotionally draining. Usually, the plaintiff (also the victim) will still be reeling from the effects of the accident that resulted in their injury. This puts them in a fragile headspace. A personal injury lawsuit can be brutal, with the defendant’s lawyers likely to ask pointed questions in a bid to lay the blame on the victim. All these factors can become too much for a victim, making them give up on the case entirely.
Factors that Determine the Chances of Winning a Personal Injury Lawsuit
Several factors will determine whether or not a personal injury lawsuit will get a favorable court verdict. These include:
i)Liability: This is one of the main factors in any personal injury case. The plaintiff, through their lawyer, will have to prove that the defendant is responsible for their injuries. This isn’t always a straightforward thing. A lot of details go into proving such a claim. For example, if the plaintiff is suing because of a personal injury sustained on the job, their lawyer will need to prove that the employer knowingly or negligently created a situation that resulted in such an injury. Sometimes, the victim is partly to blame for the situation that resulted in the accident. In such cases, the court will determine the extent of each party’s liability before issuing a verdict.
ii) Evidence: Evidence is crucial in backing up any personal injury claim in court. The more compelling the evidence, the more likely the chance of getting a favorable outcome for the side that presented it. For example, video footage can be a very powerful tool in such cases. If it backs up a plaintiff’s claim, their chances of a favorable verdict increase significantly.
iii) Documented injuries: A personal injury victim will likely have sought medical treatment before filing a lawsuit. Their documented injuries can act as further evidence to back their claim in court. Such documented injuries could come in the form of x-rays of broken bones, medical reports, medical bills, the extent to which such injuries have affected the victim’s daily life, etc.
All in all, the chances of winning a personal injury lawsuit will greatly depend on the facts and circumstances present at the time of the accident.
