There are no guarantees when it comes to winning an award in a lawsuit. Every case comes with its own unique set of circumstances. There are a number of different factors that can influence the outcome of any personal injury lawsuit.
- Proving Liability
It is important an attorney be able to prove their client was not responsible for injuries they experienced. A client must share as many details as possible about what happened. Having records of when and how a car was serviced, witnesses who can validate what happened at the time of an accident and more can greatly impact a lawsuit. The more that can be documented with a case, the easier it will be to prove liability.
- Pre-Existing Medical Conditions
When a person files a personal injury lawsuit, the opposing side will look very closely at the plaintiff’s medical records. If there is a pre-existing medical condition, the defendants will try and prove the accident was not responsible for the plaintiff’s injuries. It’s important an attorney know about any medical conditions a plaintiff may have before a lawsuit is filed.
- Settlement History
Should a person have a history of receiving settlements from personal injury lawsuits, it may make it more difficult to get an award. It’s certain the defendants will try and make a jury believe the plaintiff knows how to work the legal system. Doing this could make a jury forget about the validity of the accident claim. A plaintiff’s settlement history could influence how a lawsuit is handled.
- Emergency Services
A plaintiff will have a stronger case if they were transported to the hospital by an ambulance after an accident. If an injury was discovered days or weeks later, it will make recovering damages more difficult. A person arriving at a hospital in an ambulance is considered to have more of an injury than someone diagnosed a period of time after it happened. It’s also better if 911 was called rather than an ambulance company being contacted directly.
- Visual Proof
A personal injury lawsuit can be more powerful if there are pictures or videos of the accident. This type of visual proof can make all the difference. Many times there are security cameras, dash-cam video or people recording something else at the time of an accident.
There are a number of factors that can impact the outcome of a personal injury lawsuit. Legal professionals like attorneys at The Law Offices of Gregg Durlofsky know how to handle these situations. Knowledge and experience can be the biggest factor when it comes to winning any type of personal injury lawsuit.
This article is from Lizzie Weakley, a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. She enjoys the outdoors and long walks in the park with her four-year-old husky Snowball.