Signs Of A Solid Personal Injury Claim
As a personal injury attorney residents recommend can share, the days and weeks following an accident are often rife with challenges as victims recover from the physical injuries sustained after the accident. Victims may have little time to consider whether they should take legal action. While the prospect of pursuing a personal injury claim may appear complicated, as Ward & Ward Law Firm will share, with help from a legal professional, it’s possible to determine whether victims have a viable case for seeking losses moving forward. The following are possible signs that may be present that indicate victims should at least consider taking legal action:
The Other Party Was Negligent
For a successful personal injury case outcome, victims must be able to prove that the party responsible owed a duty of care and breached their duty of care. Negligence is a crucial factor in these types of cases meaning when another party was negligent; victims may be able to seek damages for their losses. For a potential settlement, the victim and their lawyer must be able to provide evidence that, based upon the preponderance of the evidence, it’s more likely than not that the defendant was responsible for losses. Doing so will require evidence supporting the claim, such as medical records, police/accident reports, photographs/videos of injuries and the accident, etc.
The Victim Was Injured And Faced Losses
Despite an accident where the defendant was negligent, it’s important to note that negligence is not the only factor that must be present when pursuing a personal injury claim. To be compensated for losses, victims must also have experienced losses of some kind. This can take several forms, such as injuries resulting in pain and suffering, medical expenses, lost wages, property damages, and more. In situations where victims have not experienced losses, pursuing a legal claim is not likely in the victim’s best interest.
The Defendant’s Insurance Company Has Reached Out
In cases that are egregious, resulting in severe damages, or where liability is clear, the defendant’s insurance company may reach out to the victim, offering a settlement for losses. This is not an uncommon occurrence for accident cases; however, victims of accidents should proceed with caution for several reasons. Victims may be offered a settlement, but it’s essential to know that these offers are likely well below the value of losses. In some cases, victims may be tempted to accept these offers; it’s often in their best interest to seek a lawyer’s representation for a better opportunity at receiving a fair settlement offer. On another note, speaking with the insurance company can impact the case’s value because, through these conversations, victims may inadvertently admit fault, or the insurance adjuster may find a way to mitigate the injuries. Unfortunately, speaking to insurance companies put victims at risk of walking away with a claim denial or empty-handed.
Damages are a legal way of rectifying the losses a victim has experienced, and when cases are successful, victims may receive compensation for these losses. While accidents can range from minor to severe, the damages awarded can be substantial, even in minor cases. Because of this, consulting with a lawyer to determine whether victims have a chance is often in their best interest. Working with a personal injury attorney can play a critical role in determining whether compensation is available for experienced losses. To learn more about your case and compensation that may be available, schedule a consultation with an area lawyer before it’s too late.
BY: Woolston Wellness Center