When someone hires a personal injury lawyer, they're often trying to get some sense of control over a difficult situation. A personal injury attorney can't guarantee a particular outcome, but they can help you make sense of and address some of the factors that tend to drive cases toward success or failure. These three issues frequently influence how injury cases turn out.
Insurance
Knowing that a defendant has insurance tends to make a personal injury lawyer more interested in a case. Beyond the simple reality that insurance means there's a better chance someone might actually pay a settlement, an attorney also likes dealing with a corporation that thinks in numbers and facts.
A claims adjuster is going to be assigned to the case. That person is going to think first about whether the facts you and your personal injury attorney have presented add up to a valid case. If the facts of the claim seem likely to add up, the adjuster's goal is to settle the matter. Simply put, that almost always makes the process easier than seeking a settlement from a self-insured party or suing an individual who likely can't pay.
Reports
Most injury cases hinge on documentation. A doctor's reports about your injuries can explain why you're seeking a certain amount of compensation. Reports from police officers and first responders can provide the details of what went down during an incident. Handing robust documentation to the defense may give them a stronger sense of the risks they would be taking by going to court rather than settling.
Severity of Injuries
In many states, your very right to seek a higher level of compensation may hinge on how severe your injuries are. This standard is usually referred to as "catastrophic injury."
A lot of states have rules that limit damages in a number of specific situations, especially auto accidents. To move past those limits, a personal injury attorney has to show that the injuries involved were catastrophic. Generally, this means showing that the injuries were life changing, such as disfigurement, brain damage, or spinal damage.
The amount of time the victim in a case is expected to suffer matters, too. While you'd certainly want compensation to cover medical treatment and therapy for dealing with a complex wrist fracture, most people wouldn't consider that on the same level as losing their whole arm. Even a long recovery with a good prognosis stands a solid chance of leading to a better settlement because of the protracted need for care and therapy.
To learn more about personal injury, contact a personal injury lawyer.
