If you’ve been injured in an accident, it’s important to know that your injury is not just physical. You may also be dealing with emotional and mental damage, which can affect your case. Furthermore, the type of personal injury lawyer you work with can make a big difference in the outcome of your case. Read on to learn more about these factors, so you can make the best decision for yourself!
Legal Factors
Proving that your injuries were sustained during the accident and will continue to negatively affect you for months or even years after is key when it comes to winning your case.
There could be a lot of factors that will directly impact the outcome of your case. These include:
- Who was at fault for causing your injuries – If you were struck by a drunk driver, this will have a major impact on how the trial is handled. In many cases, this is going to make the defendant less likely to settle out of court, because they can’t rely on their insurance to pay for damages.
- Whether you were wearing a seatbelt – If it’s clear that you were not wearing your seatbelt while driving or riding in a vehicle, this is going to impact the case more than if you had been wearing your seatbelt.
- Your previous injuries – If you have a history of sustaining injuries, this can make it more difficult to argue that your pain and suffering after the current accident was serious enough to warrant damages.
- Whether or not you or any witnesses can prove how or why the accident occurred does matter
- The financial impact of your injuries – If you are unable to work due to an injury, this is going to have a major effect on how the trial unfolds.
You also need to show that you’re unable to return to work after the accident. An injury law firm can work on your case and find out if you have a legitimate case against the other party. The legal team will need to know the facts of your case to be able to work with you and ensure that you get a fair trial and the compensation you need.
The Physical Factors
Injury is often the biggest factor in a personal injury trial. The severity of your injuries will play a major role in how your case unfolds. In fact, if you’re unable to prove that your injuries have lasting repercussions, it’s unlikely that compensation will be awarded. Make sure you compile as much evidence as possible about both your physical and mental state after getting injured.
This can include medical records, X-rays and other tests, photos of your injuries when they initially occurred, and treatment for the injury. If you have been unable to return to work due to your injuries, be sure to gather documentation from any doctors that were involved in your case that you don’t need a certain level of fitness or expertise to perform your job.
Keep in mind that your medical records are only as valuable as the condition of your body at the time you are examined. For example, if you felt completely fine after a car accident but felt pain two weeks later, any report stating that you were perfectly healthy is not going to help your case. Even though doctors may note how well you were doing, the fact that you’ve suffered lasting pain from an accident is going to carry a lot of weight in court.
The Emotional Factors
In addition to the physical pain of your injuries, you may also have to deal with emotional trauma. Medical bills from the accident may add up quickly, so it’s important to be able to show that your injury has negatively changed your everyday life, too.
This can include stress over bills, loss of interest in activities that you once enjoyed, and feeling anxious when you’re in the same location as when your accident occurred. If you are suffering from post-traumatic stress disorder or other mental injuries related to the accident, be sure to note how these have changed your life for the worse.
On the other hand, if your injury hasn’t changed the way you live day-to-day, this can work in your favor. You need to be able to show that the accident has caused problems for you, but if there are no emotional factors involved, it’s up to your lawyer to prove how these problems will affect you long term.
The Financial Factors
You may also need proof of how the accident has changed your earning potential for the future, especially if you’re no longer able to perform the same job that was giving you your wages before. This can be extremely difficult to prove, since earning potential is subjective at best. However, it’s crucial in cases where your injuries prevent you from working for an indefinite period.
For example, if someone injures his back in an accident, it’s going to be a lot easier to win a case if he can show how his injury has prevented him from performing any physical labor in the same way that he did before.
However, even something as simple as an inability to tie shoes or do other basic daily tasks could count against you when proving your lost wages. You have to prove that your lost wages are a direct result of your injuries, and this can be very difficult to do.
In addition to proving that you’re making less money because you’re not able to work in the same capacity anymore, it’s also important to note how much you could have made in alternate jobs if your injury had never occurred. For example, if you were planning to work as an engineer, but now you’re only able to find part-time work in a fast-food restaurant, it’s going to be much easier for your lawyer to win the case.
No one factor is more important when it comes to personal injury cases than the evidence you can provide. This includes everything from your physical injuries to the emotional and mental damage caused by the accident. Furthermore, be sure to partner with a lawyer who understands all of the factors involved to get the best possible outcome for your case.
