Predicting the outcome of personal injury cases with any level of accuracy is very difficult.
Many lawyers and their clients try to predict the success of personal injury cases, but it’s not easy. Even if it were easy, lawyers would be very hesitant to tell their clients what kind of success they can expect. This is because states have ethical rules that prevent lawyers from saying anything that could mislead clients or create unjustified expectations. However, this doesn’t mean you can’t try to predict your case’s potential success. The following factors are likely to make a difference in the success of your personal injury case.
The Extent and Nature of the Injuries
The more injured you are, the better the chance you can have a successful personal injury lawsuit. But there isn’t a perfect link between the amount and nature of injuries and the odds of winning your case. This is because there has to be a connection between your injuries and someone else’s liability. If that connection isn’t there, you can still lose your personal injury case. However, juries are human. If your injuries are particularly bad or unfortunate, it could help a jury be a little bit more sympathetic to your side. This can improve the chances of winning.
Where the Trial Takes Place
If you’ve ever watched movies or TV shows about the courtroom, you probably already know that the type of jury you get or judge assigned to your case can make a big difference. While the media might exaggerate this difference, it’s certainly present, and any competent litigation attorney knows to take the trial venue into consideration.
Certain courts are more sympathetic to litigants than others. Some courts in specific counties have a reputation of being “pro-plaintiff” or “pro-defendant.” That’s because their juries tend to lean a particular way in certain types of cases, especially those involving an insurance company or an injured individual. Experienced plaintiff attorneys know this and will choose the court that provides their client the best chance of getting a sympathetic jury or favorable judge.
Who the Defendant Is
It’s a lot easier for juries to reach verdicts for a plaintiff when the defendant is a large, wealthy company or a company in an industry that’s not well-respected among the average person. For example, all else being equal, a plaintiff is likely to have better success sueing a large insurance company than a small mom-and-pop business.
The Personal Injury Attorney
This is one of the most important factors in the success of your personal injury lawsuit. Not all attorneys are the same, with some attorneys having more experience in certain types of personal injury lawsuits. Some lawyers will have better trial and negotiating skills than others. Choosing the right attorney won’t necessarily turn a losing case into a winning one (although it’s possible), but it can certainly make a difference in the amount of money you’re able to recover in the lawsuit.
Learn more about personal injury cases by contacting our legal team at Wilbanks Law Firm, P.C. online.