Ready to get the biggest possible payout for your personal injury claim? You’re in the right place.
Winning a personal injury lawsuit isn’t a game of chance. It’s the result of a considered strategy and solid preparation. But most claimants make a fatal error. They don’t know what to expect during a personal injury lawsuit. That’s a recipe for giving back thousands in compensation.
The good news?
The odds are in favor of those who play the game. In fact, 70% of people who filed a claim got paid out.
In this complete guide, we’re going to take a look at:
- Personal Injury Lawsuit Fundamentals
- Laying the Foundation for the Case
- The Power of Representation
- Settlement or Trial: What Works Best?
- The Key Documentation That Wins Cases
Personal Injury Lawsuit Fundamentals
Here’s a little secret…
Personal injury lawsuits are not as mysterious as they first appear. In fact, they follow a predictable and proven process. If a person is injured because of the fault of another, they have legal remedies to pursue damages.
The first thing to know about what to expect during a personal injury lawsuit is there are several critical phases. This starts with the first meeting with a lawyer and gathering evidence. This is then followed by filing a claim and negotiation. Fewer than 5% of cases ever go to court.
But here’s the thing:
No case has any chance of success unless claimants understand this process from the outset. Working with a proven Illinois Personal Injury Attorney from day one means they know what judges want to see. They know what insurers try to do and they can guide you through complex legal requirements others miss. All of this is vital and trips others up.
Picture this…
Going it alone and missing key deadlines. Failing to preserve important evidence. Making statements which are misconstrued by insurance adjusters looking to lower payouts. None of this is necessary if you have the right legal help when it comes to a personal injury lawsuit.
Laying the Foundation for the Case
Do you want to know what the biggest mistake injury victims make?
Waiting. Far too many people who have been injured by someone else’s actions fail to take prompt action. The longer time passes the harder it becomes to lay the foundations of a strong case. Witnesses start to forget details. Physical evidence may be lost.
So let’s look at what that foundation for winning cases entails:
- Getting immediate medical attention and document injuries.
- Recording as much accident scene evidence as possible
- Getting contact information for all witnesses
- Take photographs and video of the scene, vehicles, and visible injuries
- Obtain police reports and other official documents
There is a reason doctors and lawyers say “The first thing you do after an accident is call 911. The second is call your attorney.” Injury treatment is the number one priority but it also creates an official record of the injuries which is tied to the accident. Insurance companies will try to downplay or dispute the severity of injuries. An official medical record created from the moment of the accident removes this argument.
Every piece of this evidence trail then becomes a weapon for pursuing maximum compensation.
The Power of Representation
Can you guess this shocking statistic?
The difference in average payouts between those with an attorney and those without is over 200%. Those who have legal representation recover settlements nearly three times larger than those who try to handle their own claims.
Lawyers know the true value of a case. They know how to look at long-term treatment costs. Past and future lost wages. Calculating non-economic factors such as pain and suffering. They understand and include the long-term quality of life reductions.
Professional legal representation means:
- Accurate case valuation
- Expert negotiation skills
- Access to medical and other experts
- Guidance through legal requirements and deadlines
- Defensive protection from insurance company tactics
Lawyers don’t charge upfront fees. They work on a contingency basis. They get paid if and when a case is successful.
Settlement vs. Trial: What Works Best?
Are you sitting down? This is going to shock you…
95% of personal injury lawsuits are settled before they reach trial. NINE OUT OF TEN cases never see the inside of a courtroom.
Trials are both expensive and unpredictable. Going to court can be a lengthy and stressful process. For this reason, both sides often prefer to settle out of court.
Successful attorneys take every case to trial during their preparation. That means they will have expert witnesses lined up. They will have assembled all the evidence they need. The power to go to trial is all the leverage they need to negotiate.
The first offer is never the best offer. Experienced attorneys know when to fight and when to settle. When cases do go to trial, the plaintiff only wins about 50% of cases.
The Key Documentation That Wins Cases
Documentation is the number one ingredient that wins personal injury lawsuits.
Every successful lawsuit is built on solid and reliable evidence. The more comprehensive the documentation, the better.
Key pieces of this documentation include:
- Medical records. The full extent and nature of all injuries. All medical treatment provided. Bills and receipts for all accident-related expenses.
- Employment records. This includes pay stubs, time cards, and employer testimony to show lost wages.
- Vocational experts. They assess future lost earning potential for serious cases.
Witnesses provide an independent account of how accidents happened. Witness statements are one of the best pieces of evidence because insurance companies can’t dispute them.
Photos and video are powerful evidence. Pictures and video record things in as much detail as possible. If the accident scene is no longer available, photographs and video are the next best thing.
Expert witnesses are used to back up more complicated claims. Medical experts explain injuries in more detail. Accident reconstruction specialists can help explain how crashes occurred. Economic experts provide solid figures on the long-term cost of injuries.
Putting It All Together
Winning personal injury lawsuits is about understanding the game, then playing it well.
The first thing to realize is no one expects anyone to understand everything that to expect during a personal injury lawsuit. Every phase of the process demands attention to detail and careful strategy.
The winning formula can be broken down into these key components:
- Get medical attention as soon as possible.
- Document everything related to the accident.
- Contact experienced legal representation as soon as possible.
- Gather and preserve all relevant evidence.
- Allow attorneys to handle all insurance communications.
- Be patient with negotiations.
The vast majority of cases settle successfully without ever going to trial. But winning settlements require strong preparation and supporting evidence. Insurance companies have no respect for claims they cannot document.
Those who follow the proven process and work with experienced attorneys recover substantially more compensation. Personal injury lawsuits are as predictable as the law itself. With the right preparation and legal support, accident victims can focus on recovery.
Frequently Asked Questions
How long does a personal injury lawsuit take?
Case timeframes can vary widely. This is based on several factors, such as the complexity of the case. Another thing is the severity of the injuries. Simple claims may take just a few months to settle. Litigation which is more complex can take over a year. On average motor vehicle personal injury lawsuits take 20 months.
What compensation can I recover?
Damages are what a case recovers in settlement. These include all medical expenses. Lost wages and future treatment. Pain and suffering and even property damage. Amounts depend on the severity of injuries and liability clarity.
What evidence is most important?
Medical records which document injuries and all treatment are the number one evidence. Photographs and videos of the accident scene. Witness statements, police reports and employment records are also key evidence.
