Factors in Claim Success

Posted on Saturday, January 1st, 2022 at 7:14 am    

One of the key questions generally asked with regards to a personal injury claim, is its worth. This is a valid question, however, it is difficult to answer even for an experienced lawyer. This is mainly because there are many factors that decide the worth of any given case. Some of these factors include the following:

  • Injuries sustained
  • Severity of all factors
  • Details with regards to the claim
  • The limits of insurance policies
  • Defendant(s) involved in the case and their lawyers
  • Issues of liability
  • Past and future medical bills
  • Resultant loss of income due to injury
  • If death occurred
  • Pain and suffering

Until all these factors can be successfully responded to, determining the worth of a case is a good guess.

Personal Injury Claim Success Factors

An aspect that may be inquired into is whether the case will succeed. The success of a case is mainly hinged on the issue of evidence. Evidence is key and imperative to succeeding in your case and getting a compensation award. As long as there is no or insufficient evidence linked to the accident and injuries or losses, there is no case. Evidence may be through:

  • Witness testimony
  • Medical documentation
  • Photographs of the accident
  • Police records, etc.

Medical records give strength to the claim. Additional documentation of injuries explains to the court just how severe the harm suffered by the victim is. When such important evidence is available compensation becomes necessary in order to make the victim ‘whole’.

A common issue that arises when starting a claim is how long it will take. However, getting an exact time frame is near impossible as the length of a case relies on a number of factors. Some of these factors include:

  • Evidence being available
  • The witnesses involved
  • time required to undertake various processes
  • negotiation or trial process

Therefore, a personal injury case may take a few months or years depending on the above and other factors.



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