How Much Is My Case Worth?
The value of your personal injury case depends on:
- The facts
- The value of evidence
- The knowledge and skill of your personal injury attorney
Facts
The most important pieces if information will help to answer two questions: Who was at fault, and what are the damages? Before you can pursue a personal injury case you must be able to identify another party as responsible for the injury and you must have some form of damages for which you can be compensated.
Evidence
Obviously, facts aren't enough unless you and your personal injury attorney can prove them in a courtroom. Your case will depend on detailed police reports, medical records, strong discovery documents, and solid testimony.
Your Personal Injury Lawyer
The quality and dedication of your personal injury attorney will also be a factor in the outcome of your case. Facts and evidence are only valuable when used to your advantage by your personal injury attorney. Your personal injury lawyer will have to identify and interview witnesses, negotiate with insurance companies, calculate damages, conduct depositions and create discovery requests, and much more. A personal injury lawyer who knows the inner workings of personal injury litigation and who is familiar with insurance company policies can benefit your case.
To find out more about these issues, use our free case evaluation or call us toll free at (877) 288-7564.
Your Recovery Depends on Your Personal Injury Lawyer Meeting the Burden of Proof
Generally, the party initiating the cause of action and asking for money (the "plaintiff") has the "burden of proof." This just means that it is their responsibility to "prove" the facts, which are necessary in a personal injury claim, and prove the damages. This burden of proof can be lower in standards depending in which state you live and the type of case you are filing. Meeting this burden of proof is the most necessary element in a personal injury case and that is why is it so crucial to find an experienced personal injury lawyer that you can trust to build a strong argument.
To learn more about the burden of proof in your state, call us toll free at (877) 288-7564 or fill out a free case evaluation form today!
Proving Liability in a Personal Injury Case
In order to prove that someone else is to blame for your injury, you will usually have to prove three elements:
- Duty: If you can prove the other party had a duty, or responsibility, to do or refrain from doing something, you can begin to establish liability. The most common duty is to "act as a reasonably prudent person would act under the circumstances," although there are some circumstances that may impose higher duties.
- Breach of Duty: Once you've established that a duty existed, your personal injury attorney must demonstrate that the opposing party did not do his or her duty. In most cases, that means the other party failed to act as a reasonably prudent person would have under the same circumstances.
- Proximate Cause: The claim has not been fully established even after your personal injury lawyer showed that the other party was negligent. You will have to prove that the other party's negligence caused your injury or accident. "Proximate cause" has very precise legal significance. Even if you can prove that your injury or accident was "because of" something the opposing party did or did not do, it still may not be enough.
Liability is Not Enough to Win Your Personal Injury Case
After your personal injury lawyer proves that the opposing party is at fault for your accident, you will have to prove damages. An experienced personal injury lawyer will be able to tell you what type of documentation is needed to prove damages. The calculation of your damages may take into account, among other factors:
- Your medical bills
- The cost of any damaged, lost or destroyed property
- Pain and suffering
- Lost work time and limitation on future employment
- Disfigurement
- Rehabilitation time and costs
Each one of these factors must be directly related to the injury you incurred because of the opposing party's negligence. Your medical records will have to clearly show this correlation. For the best results, contact a personal injury attorney as soon as possible so they may begin to gather evidence and let you know the types of documents and records you will need to gather and maintain to prove your damages.
Talk to a personal injury attorney in your area today and find out what you need to do to pursue a personal injury claim. Call us toll free at (877) 288-7564 or fill out a free case evaluation form to schedule a free, no-obligation consultation with an attorney!
