The strength of your personal injury case depends on a lot of factors. But you have to have an accurate understanding of your case’s strength so that you can best position yourself for success both at the negotiating table and at trial. Conducting an appropriately thorough analysis of one of these cases isn’t always as easy as it seems, which is why we hope this post will at least give you a starting point when it comes to looking at your case. Keep in mind, though, that no two cases are the same, so to get the best analysis possible you might want to discuss your set of circumstances with an attorney.
Factors to consider
Before even filing a personal injury lawsuit you should look at the facts of your situation to determine if legal action is warranted. Of course, consulting with a legal professional is probably the best first step before taking your matter to court, but you want to carefully think about these aspects of your case as you proceed:
- The strength of the evidence: Just looking at the facts, how likely is it that you can show that the defendant was negligent and that the negligence resulted in your injuries? If you’ve got a lot of irrefutable witness testimony, then your case might be pretty strong.
- The weaknesses of your evidence: Facts that show that you were at least partially at fault for the accident in question can jeopardize your case and may provide some insight into whether settlement is appropriate.
- Evidentiary issues: Even if the facts are on your side, there can be technicalities that can affect your case. The same holds true for evidence held by the other side, which is why it’s imperative that you understand the rules of evidence and how they can be applied to your case.
- History of similar cases: Looking at how similar cases have panned out can be indicative of the strength of your case.
- The experience of opposing counsel: The choice of attorney matters. If someone represents the defendant with little or no experience in personal injury cases, or the law in general, then you might have an easier time proving your case.
The only way to truly know where your case stands, though, is to discuss it with your attorney. He or she can give you valuable insight that allows you to make fully informed decisions that are in your best interests. Through thorough preparation, your attorney might be able to help you increase the likelihood of succeeding on your claim, whether that be through negotiations or litigation. So be wary of taking matters into your own hands and instead consider seeking out the assistance you need.