When there is a car accident case out there, there’s a number of different factors that you might or might not have control over. If you’ve got damages, you need to prove the other driver is at fault. Typically, if that’s the case and you’ve got everything. But do remember 95% of cases where personal injury claims do get settled outside of court, and then 57% of them go to trial with the ruling favoring the plaintiff.
However, there are some factors that do determine whether or not you’re going to win your car accident lawsuit.
First, insurance companies do prefer to settle these cases outside of court because settlement allows for more control of the outcome at the end, when there is an award decided.
In car accident claims, you don’t have to worry about proof of liability for damages like in medical malpractice or slip and fall claims. You don’t have to prove that the other driver owes you duty of care, simply because if the drier is behind the wheel, they’re automatically responsibility for driving safely and following the laws of traffic.
It’s also easier to prove that the other driver caused the accident and harm towards you, simply because they are supposed to be responsible.
What Factors Prevent You From Getting Settlement
There are a few factors that do determine this.
First, not having proof the other driver caused fault for the crash. It may come from the witnesses, police reports, photos from the accident, and even reconstruction specialists who put the accident together. Having a good attorney is important for proving fault in accidents, and you’re not likely to win if you don’t have enough proof simply because there isn’t proof of liability, the lawyer will tell you about this.
The next, is not having enough damages to prove compensation. These might include the medical records, the documentation of the income lost, and of course, testimony from other people, including doctors. You also might face more problems if on your insurance policy you chose the verbal threshold option when it comes to limitation. When this happens, you need to prove that the injury does meet the right criteria for proving pain and suffering.
Then there is the problem of not having accident attorneys on your side., there isn’t a law that says you need to have an attorney represent you, but not hiring lawyers will affect you getting the right compensation. If you don’t have that, then you’re not going to get the correct compensation necessary from this. If you’re not represented enough, you’re going to get your claims denied instead of getting the compensation and settlement that you truly deserve. Remember, spending a little bit more on the right lawyer can help you, and there is always a chance that you can get a lot more out of this.
So how much is your case worth? The true answer is that you won’t get a specific number.
But do remember the following:
- You can’t control the limits of the policy on the auto insurance of the driver, but you might be able to get more money from under-insured motorist coverage.
- You don’t’ have control of the damages sustained, but you can maximize this with an attorney
- You can’t control where the crash occurs, but this can be a big part of course in the types of damages you might get from this.
Remember to always get a car accident lawyer for car accident claims, simply because it can help you win the case and money.