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What Are Your Chances of Winning a Personal Injury Case After a Car Accident?

May 13, 2022

We know that getting into a car accident can be frustrating, not just because of the inconvenience but also due to the financial repercussions. For most people, no matter how much money they have in their bank account, it will take some time before they get back up on their feet again.



Have you ever wondered what your chances are of winning a personal injury case after getting into an accident? According to a particular study, when looking at the various personal injury lawsuits filed in 2005, 52% of those cases resulted from automobile accidents, and 61% of the individuals who made the claims won the cases. In addition, here's how the rest of them appear when it comes to the plaintiff's success rate: Trials for intentional torts had a 50% success rate. The success percentage for premises liability trials was 39%. In comparison, the success percentage of product liability trials was 38%. With that being said, there are ways you can ensure that your injury case has the best chance of success and get you compensated for all that you lost during and after your accident. The following are two essential factors that could affect your injury case:



Establishing Liability



To have a successful personal injury case, you first need to establish liability. If you're planning on suing the other driver, one of the most important things you'll need to prove is that he was at fault. For example, if you're in an intersection when the light turns green and a car is speeding towards you from the opposite direction, this driver breaks traffic rules. Because of that, you succumbed to injuries – so he's liable for your damages. If, however, the light turns green and you move forward just as another car is speeding into you from the other direction, it's hard to prove who was at fault here since both of you made poor decisions.



The solution? Ensure that you have a professional investigating your case who can ensure you receive compensation for your expenses. If there were any witnesses to the accident, ask them if they'd be willing to testify on your behalf in court. This may sound redundant, but if you have enough evidence to prove that the other driver was at fault, a judge is more likely to award you money if you can prove the following:

  • The other driver was driving recklessly and unsafely: This could be shown with a witness' testimony or by citing they saw the other driver speeding through a red light.
  • When needed, the other driver did not have insurance: You must show that the other person had no legal obligation to pay for your medical expenses and other damages. It's not enough to say he didn't have insurance; you'll need to provide proof.


It may be worthwhile to consult personal injury law attorneys if you think the other driver is at fault but has no insurance to help protect yourself. Many lawyers have a network of professionals they can recommend to provide you with the best evidence possible. They will also know your state's specific court rules and standards that apply to your case when presenting your evidence and arguing with the other side's lawyers.



Injury Care



Regardless of who was at fault in your accident, the fact that you were injured is undeniably true. After being hit by another car, you will likely have suffered some injury. To get the best care possible, you will need to make sure the following are taken care of:

  • Physical injuries: If you've been diagnosed with a broken bone or damaged muscles and ligaments (i.e., whiplash), you must make sure those injuries are treated by a professional. Even if you don't feel like they are causing symptoms or pain, they can cause problems later on, affecting your ability to work and function as you usually would.

  • Emotional injury: Perhaps the most overlooked component of a car accident claim is the emotional component. If you were involved in a car accident, you likely suffered some trauma. You may feel anxious or increasingly depressed; you could experience memory problems or trouble getting to sleep at night.

  • Unfortunately, once the signs of a psychological injury show, it may be too late for legal action. Even in cases involving medical negligence, insurance can deny claiming for your damages if the other party has been deemed mentally unstable or incompetent.


As you can see, a few factors can affect your chance of receiving compensation after a car accident. Because of this, it may be worthwhile to consult personal injury law attorneys who are familiar with your state's laws when it comes to damages. In the long run, this could save you some serious money.



If you have suffered from injuries in a car accident, do not hesitate to contact our law firm. Our law firm provides utmost dedication to helping accident victims get the compensation they deserve to access medical care. We have a team of experienced
personal injury law attorneys who are easily reachable via phone or email when you need to set up a free consultation.


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