5 Major Factors That Determines Victory In Any Lawsuits

Written by Posted On Friday, 01 February 2019 10:07

When it comes to personal injury lawsuits, a lot of variables are to be considered in putting financial value on an injury claim, and there are some factors that determine your level of victory- or if you will have victory at all. Here are some factors to put in place to gain victory in that lawsuit-

1. CHECK YOUR MULTIPLIERS

When considering the formulas used in valuing a personal injury claim, a multiplier is used to determine how much pain or damage you suffered as a result of the injury, and the more the pain, the more the compensation. There are elements that guide an insurance adjuster or attorney towards a ‘fair’ multiplier and these elements indicate whether a high or low multiplier will be applied to calculating your medical expenses and compensation. Some of these elements are:

  • Hard injuries like broken bones, head, joint, vertebrae injury, nerve damage, permanent injuries, etc.

  • Medical expenses that are primarily for treatment and not more for diagnosis

  • No shared fault on your part that led to the accident

  • Witnesses that can boost your case

  • Long period of recovery

  • Normal life disruption- missed school attendance, work duties, etc.

2. COMPETENCE OF YOUR ATTORNEY

This here is one major determinant of your victory in any personal injury lawsuit; therefore, it is important to hire the services of a proficient car accident attorneys. There are very good and well-experienced car accident attorneys around who will get the job properly done. Truth is, insurance companies are out to make sure they beat down your compensation- or not make you get at all- and if you don’t have a competent attorney who can face up with them and fight your case, you might lose out, or get way lesser than the compensation you deserve.

3. KNOW THE LIMITS OF LITIGATION

Someone once said to me, “Anything legal can be achieved through settlement.” This statement is true, but it’s not very realistic. It is theoretically possible that your competitor will pay you $5 billion and agree to close its doors, but it is not actually possible. When you set your goals for settlement, make sure they are attainable. This is another way of getting an efficient car accident attorney comes to play; as he will be able to help you understand litigation and guide you on the steps to take to help your case.

4. EVIDENCE AND WITNESSES

Like it is said, ‘evidences cannot be argued.” Truth is the availability of witnesses and evidence go a long way in giving you a solid ground to fight on, and their testimonies can be vital to winning your case. In fact, having witnesses is a major factor for calculating your multipliers, and this is why it is important to get the contacts of eyewitnesses at the scene of the accident, and also take pictures, if your injury allows.

5. SET ASIDE YOUR EMOTIONS (BOTH THE ATTORNEY AND PLAINTIFF)

People sometimes litigate out of anger. Some people litigate with the sole aim of “crushing” their opponents. Stop making litigation a tool for revenge. And because lawyers are bound by ethical obligations, there are very real constraints on your attorney’s ability to do much crushing. No doubt, litigation can inflict pain, and the pain goes both ways. Filing a lawsuit in order to “get even” is almost never worth the price. Litigation is a clumsy tool for revenge. It is a long process, inevitably taking more than a year—and more likely several years—to reach trial. Your anger will have long ago dissipated by the time of trial, and it will be replaced by frustration at the process, your lawyer, and at yourself. Watch the emotions, because your calmness and organization during claims and the whole settlement process goes a long way in determining how successful your lawsuit will be.

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