Evaluating the Strength of Your Claim: How Personal Injury Attorneys Assess Cases

At any moment, an unexpected accident due to someone’s negligence can occur. Such an accident often results in an innocent victim suffering a personal injury. In fact, in just one year, the number of people who died from unintentional injuries was almost twice as many as from heart disease and cancer combined.

If you or your loved one has recently wound up in an accident, you may rightly be thinking of pursuing compensation for your losses from the negligent party. One of the first steps that you should take in the aftermath of suffering a personal injury is to speak with a lawyer who is familiar with personal injury law. 

An experienced personal injury attorney can determine the potential of your success by analyzing the strength of your case. But what exactly are some of the factors of your claim that your personal injury lawyer would isolate to assess its strength? 

Establishing Who Is Liable 

One of the first steps your personal injury attorney would take is determining who is responsible for the accident that resulted in the personal injury. Although you might think the answer to that question would be obvious, this is not always the case. 

For example, while the driver of the car that collides with the victim’s vehicle may be the responsible party, an investigation may reveal that the brakes failed, which would make the manufacturer liable for damages. 

In order to establish who is at fault, extensive investigative work would need to be done. Evidence would need to be gathered to isolate the facts. 

Various sources, such as the following, can be used to obtain vital pieces of evidence: 

• Pictures and videos: Photographs and videos that show damages and injuries immediately in the aftermath of the accident can be crucial in proving negligence. Video surveillance footage should not be overlooked if a camera happens to be posted in the area. In car accident cases, such footage can confirm whether the driver failed to yield or was speeding.
• Witness statements: The testimony of any eyewitnesses can provide details of what occurred from different angles. Therefore, having any eyewitnesses write or record what they observed, as well as their contact information, can strengthen the success rate of a personal injury case.
• Police reports: If police officers are called to the scene, they will make a written report based on their observations and investigation. A police report can include vital facts about the accident, such as the date, time, location, damages, and injuries. The report may also discuss whether there was a measure of negligence involved.
• Phone records: In the case of a car accident, phone records can show whether the driver was texting or talking on a mobile phone at the time of the crash. This would help to show that the driver was distracted and could thus be held liable for damages.
• Medical records: Medical bills and records can highlight the extent of injuries, treatments prescribed by physicians, and various costs. This is why personal injury victims should definitely seek medical treatment immediately after the accident since this would connect the injuries to the incident.

This list highlights just some of the sources that can be used to obtain vital evidence in determining liability and to strengthen your personal injury claim. Your personal injury attorney would seek to obtain as much evidence as possible since any lack of evidence would weaken your case. Once evidence has been gathered and analyzed, there is another factor that your personal injury attorney might consider. 

Another factor, in addition to evidence, is a rule that every state has enacted to determine degrees of fault in personal injury cases. In Georgia, this rule is known as contributory negligence. 

The rule of contributory negligence states that in order for a personal injury victim to receive compensation, he or she must have been less than 50 percent responsible for the cause of the accident. If the victim contributed more than 49 percent, then no compensation would be granted. 

So, in addition to accumulating evidence from the accident, your lawyer would seek to confirm that your actions were 49 percent or less responsible for what occurred. This is a crucial element for pursuing legal action when assessing the strength of your claim. 

Evaluating the Damages

Once it has been determined who is liable for compensation, your personal injury attorney can evaluate the damages that you have suffered as a result of the responsible party’s negligent actions. This step would show the value of your claim. Damages suffered by personal injury victims can be divided into two categories: namely, tangible damages and intangible damages.

Economic damages

Actual monetary losses that the personal injury victim suffered are considered tangible economic damages. 

Some types of tangible damages can include:

• Medical costs: Expenses for any treatment for injuries that resulted from the accident, such as bills for ambulance transportation, ER treatment, lab work, and surgeries, just to name a few, would be included in medical costs. This would also include long-term treatment for recovery, such as physical, mental, or emotional therapy and chiropractic services.
• Lost wages: Income lost from missing days at work due to being injured is another category of tangible damages from which compensation can be sought. Financial losses would not only include hourly wages but also the value of lost sick leave and vacation time along with any potential future lost wages and promotions as well.
• Property damage: Any damages to the property of the personal injury victim must be compensated. Costs for repairs and any reduction in the value of the property could also be included.
• Out-of-pocket expenses: Any incidental expenses that result from the accident, such as travel expenses for treatments, parking fees, and home care assistance, would be part of tangible damages. Also, any home renovations, such as handrails and ramps, would need to be included.

Non-economic damages

Equally important as tangible damages are intangible non-economic damages. These refer to emotional distress and psychological trauma that the victim suffered as a result of the accident. 

A personal injury victim may seek intangible damages for the following: 

• Pain and suffering: Pain and suffering damages are different from the expenses that result from medical treatment. Pain and suffering refers to the actual pain the victim suffered from such injuries. In some cases, such pain can permanently affect the quality of life of the victim. 
• Disfigurement: A victim can suffer much anxiety and depression if he or she has been permanently disfigured from the accident. Having to accept an altered appearance can greatly diminish the victim’s self-esteem.
• Loss of enjoyment of life: As a result of injuries sustained, a personal injury victim may no longer be able to enjoy activities or hobbies, such as bike riding or jogging, that he or she enjoyed prior to the incident. This can lead to major depression.
• Loss of consortium: The effect that the injury has had on family relations would also qualify as intangible damages. Spouses and children may no longer enjoy the same quality of life shared with the victim as before the accident.
• Punitive damages: In some cases, damages awarded to a victim by a judge or jury may exceed compensation damages. These damages are sought in cases of gross negligence or maliciousness on the part of the at-fault party. 

These lists of damages, both tangible and intangible, are by no means comprehensive. There are many other types of damages that a personal injury attorney would consider when evaluating the damages that resulted from the negligent acts of the responsible party.

Ensure Your Claim Is in Good Hands Today

Once your personal injury attorney has obtained the evidence from the accident and determined the value of the damages sought, he or she will provide an analysis of a potential success rate for your claim. Your lawyer would know the course of action to take for you to receive compensation. 

For example, if the responsible party has limited resources, your personal injury attorney may decide that the wise course would be to pursue a fair settlement from the insurance company, even though it may be for a lesser amount than might be granted by a lawsuit. However, it’s possible that the insurance companies will put up a hard fight to lessen the value of your claim or even try to have it dismissed entirely. 

A skilled attorney who has years of experience with personal injury cases would know how to deal with the tactics of insurance companies. Further, your lawyer would have the resources needed to strengthen your personal injury claim if possible. 

The strengths of the law firm you select will affect the strength of your personal injury claim. Make sure it’s in good hands, and choose Hoffspiegel Law. Our personal injury attorneys only work with a small number of clients, enabling us to thoroughly investigate each case and give you an accurate case assessment. Contact us today at (404) 760-8600 for a free consultation.