You want to know if you can win your personal injury case?
Proving negligence in court is easier said than done. The insurance companies have hired armies of lawyers to fight your claim every step of the way. And guess what…
If you don’t have the right legal assistance, your chances of proving negligence are greatly reduced.
The numbers don’t lie. Although 70% of injury victims who file personal injury claims end up being compensated, the success rates differ significantly depending on the kind of case and the presence of experienced representation.
Let’s start by reviewing what you are about to learn:
- What Is Negligence in Personal Injury Cases
- Why Legal Assistance Matters for Your Case
- The 4 Elements Attorneys Need to Prove
- How Lawyers Build Winning Cases
What Is Negligence in Personal Injury Cases
Negligence is the foundation for most personal injury lawsuits.
But, what is negligence? In a nut-shell… It is the failure to take reasonable care, and because of that negligence, another person is injured.
Negligence and its impact in personal injury law is very clear-cut. If there is no negligence, there is no case. Period.
Most people take for granted how hard it is to prove negligence in a court of law. That is why it is of the utmost importance to have the right legal assistance from a reputable law firm like Mahoney lawyers.
Why Legal Assistance Matters for Your Case
You think you can manage a negligence case by yourself?
The insurance companies know you can and they also know that unrepresented claimants usually settle for far less than what they are owed. Studies have shown that people that go with an attorney in the claim process get far higher settlements in the end.
Why is legal assistance important?
Personal injury lawyers know the legal system in and out. They know what evidence to present, which experts to call, and how to portray your case in the most effective manner.
Seasoned attorneys have worked hundreds of cases just like yours. They are well acquainted with the tricks that insurance companies use to try and pay as little as possible. They know how to respond to every defense argument that is thrown at them.
Plus, and more importantly? They take a heavy burden off your back so you can concentrate on recovering.
The 4 Elements Lawyers Need to Prove
Do you want to know what is the difference between a winning case and a losing one?
It all boils down to four elements. To successfully prove negligence, your attorney must establish each one of these factors without fail. If one of these elements is missing your case will fall apart.
Duty of Care
The first thing your lawyer must establish is that the defendant owed you a duty of care.
This means that they had a legal responsibility not to engage in behavior that could potentially harm you. Motorists have a duty to follow the rules of the road. Property owners have a duty to maintain their property in safe condition. Medical doctors have a duty to provide quality healthcare.
Proving this duty is usually the easiest part – but it is critical.
Breach of Duty
Next is the breach.
Your attorney needs to prove that the defendant breached this duty of care. This is where the hard work really starts. It involves collecting evidence, taking depositions of witnesses, and consulting with experts.
Did the driver run the red light? Did the landowner leave a known hazard unattended? Did the medical doctor act in a manner that deviated from accepted medical standards?
The evidence must be clear and convincing.
Causation
Here is where it starts to get a bit trickier…
It is not sufficient to show that someone was negligent. Your lawyer must also prove that their negligence directly caused your injuries. This is called causation, and in most cases is the most difficult element to establish.
Why? Because the defense will tell a story that something or someone else was the cause of your injuries. Perhaps you had a pre-existing condition that contributed to your suffering. Experienced legal assistance means having an attorney that can draw a line with a clear start and end that leaves no doubt.
Damages
And finally, your lawyer must prove damages.
This means that you must have suffered actual losses as a consequence of your injuries. Medical expenses, lost earnings, pain and suffering – all of this must be documented. If you have no damages, then you have no case.
How Attorneys Build Winning Cases
Professional legal assistance is not only about understanding the four elements.
Seasoned personal injury attorneys use a systematic process to develop cases that insurance companies can’t ignore. They obtain medical records, accident reports, statements of witnesses, and expert testimonies.
But here is the thing that really makes them different…
They know how to tell your story.
A great attorney doesn’t only present facts to the judges and jury – they are able to craft a powerful narrative that allows the court to fully understand the extent of the negligence in your life. They are also able to take care of all the paperwork and meet important deadlines that can cause severe damage to your case if not completed correctly.
The Settlement Advantage
You will not believe the statistics that we are about to share.
Approximately 95% of personal injury cases end with a settlement before even going to trial. The vast majority of personal injury claims never even step a foot into a courtroom. But don’t let that fool you into thinking that is an easy process.
Seasoned attorneys know how to negotiate the best settlements that fully represent the true value of your case. They are aware of what is a fair offer and which ones need to be pushed a bit more. They are also not afraid to take your case to trial if the insurance company refuses to offer a fair amount of compensation.
Evidence Collection
If you ask people that have won their personal injury lawsuits the secret to winning, they will tell you this…
It’s all about the evidence.
Attorneys work with investigators, medical specialists, and even accident reconstructionists to build a case that is airtight. They know what to look for when it comes to evidence and how to preserve it. They also understand the law regarding evidence – what can be shown in a courtroom and what can’t.
The Reality of Going It Alone
You think that you can save some money by representing your case by yourself?
People that take on their own personal injury cases always end up receiving less compensation. They typically fall short of critical deadlines, don’t gather the right evidence, and take lowball offers that are far less than what their case is worth because they don’t know any better.
Insurance adjusters are professional negotiators. They are trained to give the lowest amount possible and protect the insurance company’s profits. Representing yourself without experienced legal assistance is like entering a gunfight with a knife.
Taking Action on Your Case
Injury cases require a sense of urgency.
Evidence is lost. Witnesses’ memories start to fade. Statutes of limitations run. The longer you wait to secure legal assistance, the harder it becomes to develop a strong case.
Professional lawyers start working right away. They preserve evidence, talk to witnesses while their memories are fresh, and establish a timeline that reinforces your claim. Most personal injury attorneys work on contingency – which means that you don’t pay them unless they win.
Wrapping Things Up
Proving negligence in a court of law is more than just showing that an accident took place. Legal assistance provides you with the necessary expertise, resources, and advocacy needed to successfully prove all 4 elements of negligence and get fair compensation.
Negligence and its impact in personal injury law impacts millions of people every year. With the right legal representation, you significantly increase your chances of building a strong case, negotiating effectively to get settlements that accurately reflect the true damages, and hitting all the important deadlines without procedural errors.
Don’t leave your future to the dice roll. Experienced personal injury attorneys level the playing field and give you the best shot at getting the compensation that you truly deserve.