If you have been injured in a traumatic incident because of someone else's negligence or wrongdoing, you may be wondering about your chances when it comes to winning a personal injury lawsuit. It is a valid question. However, the answer to that question may depend on a number of different factors. Predominantly, the course your injury lawsuit will take could depend on the strengths and weaknesses of your case.
To fully understand those factors, it is important that you seek the counsel of an experienced Los Angeles personal injury attorney. A knowledgeable injury lawyer can help assess the facts of your case and give you an honest picture of what your chances are of receiving compensation for your losses. To schedule your free consultation with a personal injury lawyer in Los Angeles, simply fill out our contact form today.
When Can You File a Personal Injury Lawsuit?
A personal injury lawsuit is typically filed when someone has suffered an injury that was caused by someone else's negligence (carelessness) or deliberate wrongdoing Here are some of types of traumatic incidents that could lead to a personal injury lawsuit:
Suffering a personal injury could lead to multiple repercussions including injuries that could require medical treatment and ongoing care and lead to lost wages, lost quality of life and emotional suffering. In many cases, in addition to the injured person, his or her family also suffers the consequences. If your injury was caused by someone else's negligence or wrongdoing, you are entitled to file a lawsuit and receive compensation for your damages and losses.
Do Personal Injury Cases Go to Trial?
A vast majority of personal injury cases – about 95% or more – are settled out of court and do not go before a jury. A settlement could happen at any point, even after the trial has begun. Personal injury lawsuits go to trial because there has been an impasse and the parties involved have not been able to arrive at a settlement.
There are a number of reasons to hire a personal injury attorney. When you hire a personal injury lawyer, you increase your chances of getting a fair settlement. When you have to go up against insurance companies that have high-powered legal teams, you may find yourself at a disadvantage if you do not have a powerful advocate on your side fighting for your best interests.
What Factors Affect Your Odds of Winning a Personal Injury Case?
Whether or not you are successful with your personal injury case depends on your ability to prove that the defendant was negligent. In personal injury cases, plaintiffs have the burden of proof, which means you must show evidence of negligence. There are four crucial elements required to establish negligence in a personal injury case including:
Duty of care: You must show that the defendant owed you a duty of care. For example, a driver owes others on the road a duty of care to operate his or her vehicle safely. Property owners, for example, have a duty to visitors and others to maintain their property in a manner that is safe.
Breach of duty: When the duty of care is breached, that amounts to negligence. For example, if a driver caused an accident while texting, that amounts to a violation of his or her duty of care to others on the roadway.
Causation: There must be a direct link between the defendant's negligence and the damages that the victim suffered. In a car accident case, for example, the accident must have directly caused the victim's injuries for which he or she is seeking compensation.
Damages: Finally, in order to receive compensation for your injury, you must show that you did suffer injuries and damages. Some examples include lost earnings, loss of earning capacity, permanent injuries, medical bills, pain and suffering, etc.
Improving Your Chances of Winning a Personal Injury Case
The odds of winning a personal injury lawsuit rely heavily on how your injury occurred, the evidence you have to support your allegations and whether you have an experienced lawyer to guide you through the complex legal process. It is important to remember that your best chance of receiving maximum compensation for your losses is by filing a personal injury lawsuit. While it can be an intimidating process, it may be worth your while especially if you have suffered serious injuries and are looking at mounting medical expenses, lost wages and even disabilities or loss of earning capacity.
There are several benefits of filing a personal injury lawsuit. You can seek compensation for multiple damages relating to your injury including cost of future treatment and ongoing care. If your injuries are permanent or catastrophic and have resulted in lifelong disabilities, you may need ongoing treatment, occupational therapy and other support, which could all cost a lot more than what a simple settlement with the insurance company can give you.
Here are some ways in which you can improve or maximize your chances of winning a personal injury case:
Collect and compile as much evidence and possible, which will help you prove the defendant's negligence.
Get prompt medical care and treatment, and make sure you keep copies of all your medical records.
Do not wait to file a lawsuit. There are statutes of limitations or deadlines for personal injury lawsuits under California law. Talk to an experienced lawyer today.
Don't talk to insurance companies, lawyers for defendants or other parties. Discuss your case with your injury lawyer to determine next steps.
Find an Attorney to Help You File a Personal Injury Lawsuit
Having a knowledgeable and resourceful personal injury lawyer can help maximize your chances to win your lawsuit and secure the compensation you need and rightfully deserve. The experienced Los Angeles lawyers at Vaziri Law Group Personal Injury Attorneys have significant experience handling cases involving different types of personal injuries. We have secured millions of dollars for our injured clients in California. Contact us today to schedule a free initial consultation and case evaluation.