There are millions of injury cases each year in the US, with around 126 cases per 1,000 people requiring hospital treatment. The personal injury market is worth approximately $53 billion, and in 2022, preventable injuries cost the US $1,283 billion in lost productivity and more.
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Most people hope they never need a personal injury lawyer, but there is a chance you will at some point.
Having a strong personal injury case is important for receiving full and fair compensation for your losses. Here are some key signs that indicate you likely have a solid case:
Clear Liability
Liability refers to who is at fault and responsible for causing the accident or injury. The more clear-cut the liability, the stronger your case. Some examples of clear liability situations:
- You were rear-ended. Rear-end collisions are nearly always the fault of the rear driver.
- You were hit by a drunk driver; 37 people die each day in drunk driving crashes. Drunk drivers are usually found fully liable.
- The defendant violated traffic laws. If the other party ran a red light, was speeding, etc. and caused the crash, liability is straightforward.
- There was a defect in a product that caused injury. If a defective design or manufacturing flaw caused you harm, the company is liable.
- Premises liability where the property owner failed to fix hazards, provide adequate security, etc.
Significant Injuries and Damages
The more severe your injuries and subsequent losses, the higher your potential damages award. Strong evidence of significant injuries and damages can increase case value. Some examples:
- Long hospital stays, multiple surgeries, or lengthy rehabilitation indicate serious injuries. Have all treatment and costs documented.
- Inability to work for an extended period due to the injury. Provide evidence of lost income.
- Permanent impairments, disabilities, or loss of enjoyment of life activities. These may entitle you to higher non-economic damages.
- Major losses like damaged property, towing/vehicle storage fees, and other out-of-pocket expenses. Keep receipts and records.
Solid Evidence
Good documentation goes hand in hand with clear liability and major damages. Police reports, accident photos, witness statements, medical records, bills, and other evidence help prove your case.
Insurance Company Taking it Seriously
If the insurance company quickly accepts liability and makes reasonable settlement offers, they likely believe you have a strong case. Refusal to make a fair offer can also indicate they are concerned about exposure, so it is essential to consult a personal injury attorney.
Statute of Limitations Has Not Expired
Make sure the statute of limitations – the deadline to file – has not already expired. This varies by state and type of claim. Filing before the statute runs out is essential.
Reputable Personal Injury Attorney Believes in Your Case
An experienced personal injury lawyer can provide honest guidance on case strength. If a reputable attorney or law firm reviews your case and agrees to represent you on a contingency fee basis, it’s a good sign.
The above factors indicate you may have a solid claim for damages. An attorney can evaluate the details of your situation to give you a better idea of how strong your personal injury case may be. Acting quickly to gather evidence and build a compelling case is key.