When you are hurt in an accident because of the negligence of another, your first instinct may be to just let it go. After such a traumatic experience, it's easy to want to push past it and move forward. However, other people may see this traumatic experience and immediately think the right move is to sue in a personal injury lawsuit.
But what are the chances of winning a personal injury lawsuit? While no personal injury attorney can guarantee an outcome for your claim or case, working with a reputable law firm can help you win your claim and secure the compensation you need to move forward.
When Can You Sue For a Personal Injury?
There are many accidents that may result in needing to file a personal injury claim or lawsuit to recover the compensation needed to deal with your injuries and financial losses. These accidents may include:
- Car accidents
- Workplace accidents
- Premises liability cases
- Bike accidents
- Medical malpractice
- Among other events
However, just because you can file a lawsuit for these events does not mean that it is necessarily the most advantageous decision.
When Should You Sue For Personal Injury?
In Pennsylvania, you have two years from the date of the event to sue for personal injury. However, not all personal injury cases need to go to court. Instead, most can be settled outside of court in negotiations with the insurance companies or with negotiations with the other party.
There are some reasons you may choose to file a personal injury lawsuit though. This includes for accidents that caused:
- Severe injury, illness, or death
- Property damage that is not covered by the insurance companies
- Your injuries and losses to exceed the insurance companies offer
How Often Do Personal Injury Cases Go To Trial?
The U.S. Department of Justice estimates that approximately 95% of personal injury claims get to a final settlement before going to trial. However, for that five percent that go to trial, the verdict may not be what the victim expects.
Often, personal injury cases will only go to trial when the victim and the insurance companies cannot come to an agreement on a settlement. Unfortunately, for the accident victim who does not have a lawyer by their side, they can be quickly outnumbered by the legal resources at the hands of the insurance company.
However, by working with a personal injury attorney who has experience in the area of personal injury law that your claim takes place, you are more likely to have a successful claim or case compared to a victim who did not seek legal representation.
What Makes a Successful Personal Injury Lawsuit?
No one can guarantee the outcome of a personal injury lawsuit, but there are steps you can take to preserve the integrity of your claim.
Working with a Personal Injury Lawyer
Even the most seemingly simple personal injury cases can quickly become complicated. Though you are never required to seek legal representation, working with a Munley Law Personal Injury Attorneys personal injury lawyer can set you up for success.
A personal injury attorney can:
- Review the facts of your case
- Gather the necessary evidence to bring forth a claim
- Utilize expert witnesses and medical professionals
- Represent you in negotiations or in trial
However keep in mind that no two personal injury law firms are the same as are no two cases. With that said, be sure to do your research when looking for a lawyer and ask questions like:
- What is your speciality?
- Who will handle my case?
- Do you think my claim should go to trial?
- Can you represent me in court if it does?
If your lawyer does not have experience in trial, you may want to keep looking.
Gathering the Needed Evidence
The law firm you work with is going to ask you to help gather some of the evidence needed for your claim or case. But they'll also be able to get some of the evidence that you may not otherwise be able to get yourself.
If something can be used to establish negligence against the other party, that can be used as evidence. But if you don't have enough of it, your case can quickly fall apart. Evidence for a successful personal injury lawsuit includes:
- Police report
- Medical records
- Witness testimony
- Photos and videos from the accident
- Expert testimony and recreation
While it may seem pricey to call upon experts in the field to establish negligence and gather evidence, most law firms will handle that cost up front for you, then charge you for all services once a settlement or verdict is reached.
Determining if Insurance Is Enough
Sometimes, the insurance company just won't offer a settlement that is enough for your losses. In Pennsylvania, all drivers must carry insurance to operate a vehicle. However, the type of insurance a person carries can impact the amount of compensation you can file a claim for.
Limited tort insurance only allows you to recover losses for medical expenses, lost income, and property damage, but not for pain and suffering, non-economic damages, etc. You can, however, sue if you suffer from serious injuries.
Full tort coverage allows you to recover all economic and non-economic damages regardless of the accident's severity.
But in the case of other personal injury events, you will need to look to the at-fault parties, homeowners insurance, business insurance, etc. that takes into account what is covered if someone gets hurt on the job or on the premises.
Unfortunately, sometimes those insurance policies only cover for medical costs and lost wages, but not anything else. In those cases, it can be worthwhile to file a personal injury lawsuit.
Why Would I Want to File a Personal Injury Lawsuit?
Knowing that most personal injury cases are solved before trial and those of those that go to trial, the outcome is not favorable to the victim, one may be asking, what's the point of filing a personal injury lawsuit?
While there are risks to a lawsuit, there are benefits to filing one including being able to file for multiple damages including medical treatment, pain and suffering, future expenses, and loss of earning capacity if the accident resulted in partial or total disability.
Further, if you do not have full tort insurance, you can file for noneconomic damages like pain and suffering which otherwise you cannot collect.
It can be scary to file a lawsuit when you already feel like you've lost so much. But Munley Law Personal Injury Attorneys is here to help.
Injured by the Negligence of Another? Call Munley Law Personal Injury Attorneys.
The personal injury lawyers of Munley Law Personal Injury Attorneys, have fought for accident victims for more than 60 years, representing hundreds of thousands of victims throughout Pennsylvania to get the compensation needed to get them back on their feet.
Our personal injury lawyers are consistently named to Best Lawyers in America, selected to Pennsylvania Super Lawyers, and are board certified by the National Board of Trial Advocacy. Further, we have secured millions of dollars in settlements and verdicts for personal injury victims whether their claim was settled or made it all the way to trial.
For a no-obligation, free consultation email us, or call (570) 399-0406 today.
