Before filing a personal injury lawsuit, you’ll likely want to know your odds of winning to determine if the hassle is worth it. Unfortunately, determining your odds of winning isn’t cut-and-dry since each case is unique.
The personal injury lawyers at Jason Stone Injury Lawyers in Boston will fight vehemently on your behalf to ensure you receive a full and fair settlement. If you aren’t sure if you have grounds for a case, contact us for a free consultation.
Personal Injury Case Overview
A personal injury case is any case regarding an injury directly resulting from another’s negligence. These injuries can happen in many forms:
- Bicycle accidents
- Boating accidents
- Defective products
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Dog bite accidents
- Car accidents
The nature of your specific injuries depends on where and how the accident occurred. The most common injuries in this type of case are:
- Broken bones or fractures
- Internal bleeding
- Internal injuries
- Muscular strains
- Soft tissue contusions
- Spinal injuries
- Traumatic brain injuries
- Untimely death
Burden of Proof
To file a personal injury lawsuit, the plaintiff has the burden of proof, requiring you to prove three different elements:
- The defendant (the person you are suing) owed you reasonable care to keep you safe
- The defendant neglected this duty of care
- Your injury is a direct result of the defendant’s negligence
If you aren’t sure if you have a case, Boston personal injury lawyers at Jason Stone Injury Lawyers can assess your circumstances to see if there is sufficient evidence to support your claim.
Factors Contributing to Winning a Personal Injury Lawsuit
There’s no clear way to determine the odds of winning a personal injury lawsuit since different factors are at play. Some of the variables affecting the outcome of your case are:
- Jurisdiction in which you filed the lawsuit
- The facts of the case
- The circumstances surrounding the case
- How well you can prove negligence and link your injury directly to that negligence
One of the most significant factors is the quality of your attorney. Generally, plaintiffs (the person filing the lawsuit) are more successful if they hire an experienced, qualified lawyer familiar with local laws.
How a Personal Injury Lawyer Increases Your Odds of Winning Your Case
Insurance companies often try to take advantage of you because they are for-profit companies. To ensure they make the maximum profits to keep shareholders happy, they need to keep payouts low. They also know you have bills to pay, motivating you to accept whatever they offer.
Hiring a personal injury attorney shows the insurance company that you know your rights and indicates they won’t be able to lowball you. Personal injury lawyers are also able to assist you with the following aspects of your case:
- Gathering the necessary documentation (medical records, medical bills, lost wage documentation, and investigative reports)
- Establishing the defendant’s negligence and linking your injury to that negligence
- Negotiating with the insurance company pretrial
- Identifying when an offer is fair and reasonable and therefore acceptable
- Filing lawsuits against the appropriate parties within the statute of limitations
- Navigating the litigation process (if your case is not resolved with a pretrial settlement)
Having a personal injury lawyer in your corner means your case will be built and executed by someone who knows the legal system, guaranteeing your inexperience won’t lead to a costly mistake. Most personal injury lawyers work on a contingency basis, so they won’t be paid unless you win your settlement, ensuring the lawyer does their best work.
Monetary Compensation in Personal Injury Lawsuits
The amount of money you receive in damages depends on the specific facts of your case, especially the cost and extent of your medical treatment. A skilled attorney can help you determine potential future expenses as well.
Generally, in a personal injury lawsuit, you can sue for the following damages:
- Past and future medical treatment (requires medical testimony)
- Lost wages (requires testimony that you were medically unable to work and documentation from your employer of lost work)
- Other out of pocket costs, such as travel to treatment
- Pain and suffering due to emotional distress or inability to participate in activities
- Loss of use of a limb due to paralysis or amputation
- The permanence of the injury (requires medical testimony)
The Stone Cold Guarantee
At Jason Stone Injury Lawyers, we are proud of our commitment to the Stone Cold Guarantee, ten promises to our clients, starting with a guarantee that we don’t get paid until you do.
We know that you’ve suffered an injury and strive to make your experience with us as positive as possible. Our team will work passionately on your behalf to help you get the compensation you deserve so you can put the accident behind you. Contact us today for a free, no-obligation consultation.