When filing a personal injury claim, it is on you to prove to the insurance adjuster that your injury is real and serious enough to justify the amount of money you are asking for. This is how your injury lawyer will help prove these things and win you the compensation that you deserve.
Showing Negligence Was The Sole Cause
Personal injury lawsuits happen because of a responsible party being negligent in their actions and causing an injury. However, you need to prove that the other party's actions were the sole cause of your injury. Your lawyer will send over all evidence regarding your injury to be reviewed, which includes the police report that you filed, medical reports regarding your injury, and even witness statements. Things that can cause a problem at this stage in the case is if there is any evidence that you were partially responsible for causing the accident or if you had a pre-existing injury that was only aggravated due to the accident.
Early on in a personal injury case, your lawyer only needs to show that the responsible party was negligent with these reports. They do not have to prove that they were negligent. How are these two different? Showing negligence is important when you are in mediation because the claims adjuster of the defendant is going to weigh your evidence and decide if it is worth fighting in court or settling out of court. If the defendant decides to go to court and fight your claims, you will then have to prove negligence, which is harder to do. This is why your lawyer wants to build up a strong case during mediation to help prevent the case from going to trial.
Showing Examples Of Prior Cases
You will also need to make an argument about why you are requesting a specific amount of compensation for your injuries. Your lawyer will really be able to benefit you here by validating the request with case law. This is the process of using previously ruled upon court cases to show how the court ruled in a plaintiff's favor.
For example, your lawyer should be able to look up prior judgments for pain and suffering for similar personal injuries and use that as justification. For future medical bills, you can look at how much money was awarded for similar injuries as well. By having a precedent for how much a similar case was awarded, it will prevent the defendant from wanting to go to trial.
Contact a personal injury law firm for more information.Share
3 April 2020
While I took a few business classes in college, I left early to start my own business. I thought I had the knowledge I needed to become a great business owner and was eager to start my business. Soon, I had a new business that was actually performing pretty well in sales. Unfortunately, I hadn't taken any law courses in college, and I soon realized I made a few mistakes when starting my business that could cause me some legal trouble. Thankfully, a great business lawyer helped me correct my mistakes before I had any legal problems, but I then decided to take those business law courses. I want to help business owners and anyone else who would like to learn more about the law by starting a blog where I will share what I have learned and will continue to learn. I hope I can help you!