Car accidents are generally scary and stressful situations to find yourself in, no matter how major or minor they might be. However, when you also have to worry about recouping costs for medical bills, lost wages, property damage and anything else you owe as a result, it makes the hardship much more difficult to manage on your own. That’s where the knowledge and assistance of an experienced car accident lawyer really comes in handy.
Personal injury cases are hardly ever cut and dried, and there are many things that a lawyer will take into consideration to conclude whether or not a case is winnable before advising that you move forward in pursuing your claim.
Liability
One of the first things your lawyer will look into is who the insurance companies have determined to be liable for the crash. Liability may be based on comparative negligence, modified comparative negligence or contributory negligence. Depending on the state and specific details of the incident, if you are found to have any part of the fault land in your lap, it can significantly reduce your chances of receiving a settlement. Your attorney will need to know right from the start if any percentage of the accident is deemed to be your fault.
Injury
Another big factor deciding the winnability of your claim is the injuries you received as a direct result of the collision. If you only sustained minor cuts and bruises, it isn’t likely that you’ll be able to find a lawyer who will be willing to represent you in a lawsuit. Most insurance companies will take care of smaller claims in a quick and reasonable way. It’s claims that involve serious injury and property damage that can be harder to recoup a fair settlement on and will need the counsel of a lawyer.
Evidence
The more evidence you are able to provide for your side of the case, the better. Your car accident lawyer can be more successful in arguing that you deserve a higher compensation amount if you have the proof to back it up. Witness testimony, a police report, photos of your injuries, pictures from the scene of the crash, copies of medical records and related bills, etc. will all help to make a stronger case on your end and confirm the responsibility of the other party.
Availability of Funds
A lot of people file personal injury lawsuits without thinking about the fact that the other party involved may not have the funds to compensate for the incident even if they are ordered by the courts to pay out. Before you spend a great deal of time, effort and your own money to seek restitution for a traffic collision, your attorney will help assess if the defendant has an adequate insurance policy and/or assets to make it worth continuing on with the case. There typically isn’t a point in filing a lawsuit that you have no chance of collecting your award on.
If you are able to show that significant injuries occurred through no fault of your own, have evidence that supports your version of events and find that there are funds available to pay your settlement amount, a car accident lawyer should be able to pursue your claim with confidence.
