When an accident due to another's negligence results in injuries, the injured victim has the right to pursue a personal injury lawsuit against the at-fault party. However, it is important for them to understand that there are certain factors that can affect their chances of winning a personal injury case.
Schuerger Shunnarah Trial Attorneys have extensive experience protecting the rights of injured victims and recovering millions of dollars in compensation. They can help the injured victims in Toledo, Ohio, by assessing their case and guiding them on their legal options.
What Are the Factors That Affect an Injured Victim's Chances of Winning a Personal Injury Lawsuit?
There are many different factors that can affect an injured victim's chances of winning a personal injury lawsuit, some of which include the following:
Modified Comparative Negligence
When pursuing a personal injury lawsuit, it is crucial for the injured victim to establish liability and prove that the other party was negligent, resulting in their injuries.
In some states, even if the affected party is responsible for their own injuries, they may be able to recover the damages depending on the circumstances of their case.
Toledo, Ohio, follows the modified comparative negligence rule that allows the injured victims to pursue a personal injury claim or lawsuit against the negligent party to recover compensation even if they're partially responsible for their injuries.
However, under the modified comparative negligence rule, injured victims cannot recover compensation if they're more than 50% responsible for the incident.
Below is an example to help illustrate how the modified comparative negligence rule works in Toledo, Ohio:
Steven is late for work and races to his office in his car. However, on his way, he crashes into John, who runs a red light. The accident resulted in injuries and $50,000 in damages. After receiving medical treatment, Steven decides to pursue a claim, which John's insurance company declines, prompting him to file a lawsuit.
During the court proceedings, the jury concluded that Steven was 40% responsible for his injuries since he was speeding, while John was 60% liable for the incident, as he didn't follow the traffic rules.
Under the modified comparative negligence rule, Steven is able to recover the damages despite being partially responsible. However, he can only obtain $30,000 in compensation since he was 40% liable for his injuries.
In most personal injury cases, the at-fault party's insurance company will try to blame the injured victim. It's essential for the affected party to build a strong case and provide substantial evidence to prove that the negligent party is liable for their injuries.
An experienced personal injury lawyer can help the injured victims by investigating the accident, gathering evidence to reduce the victim's liability, and holding the at-fault party responsible for their negligent actions.
The Severity of the Injuries
In most personal injury cases, the presence of injuries plays a defining role in determining whether the affected party can pursue legal action. Even if there are grounds for pursuing a claim or a lawsuit, the at-fault party's insurance company will not assess the case on a merit basis and instead lowball a settlement offer.
The severity of the injuries can help determine the extent of the damages incurred. It can also help build a strong case. When an accident occurs, it's crucial that the affected party seek medical attention immediately. Delaying medical treatment can jeopardize their chances of winning a personal injury lawsuit.
Most personal injury victims often accept the initial offer made by the insurance companies. However, it's important to note that if the affected party accepts an offer, they cannot ask for more later on after discovering the extent of the damages incurred.
After an accident, the injured victim should work with a medical professional to determine the extent of their injuries. They should follow their doctor's treatment plan, attend all of the appointments, and keep a physical folder to store all of their medical records and bills. This can improve their chances of winning the personal injury lawsuit.
The Evidence Submitted
Establishing negligence is key to winning a personal injury claim or a lawsuit. The injured victim should provide evidence of the following elements of negligence when pursuing legal action against the at-fault party:
Duty of care
Causation
Damages
The injured victim must gather evidence, including photographs of the accident scene and the injuries sustained, videos of the incident, and CCTV footage, among many others. This can help the insurance companies, the jury, or the judge decide who is at fault.
When pursuing a personal injury lawsuit, the injured victim must demonstrate that they have suffered injuries and damages. To prove that, they must provide medical bills, doctor's reports, x-rays, and other medical documents.
Determining damages is also a critical component of a personal injury claim. The injured party must be able to prove the damages they request when pursuing legal action. Economic damages, such as medical expenses, lost wages, and property damage, are easy to calculate.
However, most injured victims struggle to assess the non-economic damages incurred following the accident. This is because it is challenging to assign a dollar value to subjective losses, such as pain and suffering, mental anguish, and emotional distress, among others.
A skilled attorney knows how to build a strong case. They understand the type of evidence that could increase the chances of winning a personal injury lawsuit.
In most cases involving severe injuries, a personal injury attorney may work with an experienced medical professional to gather expert testimonies to prove the damages and the impact of the injuries on the victim's life.
Most personal injury attorneys will also consider reaching out to witnesses to get their version of the story. This can help bolster the victim's lawsuit and increase their chances of recovering compensation.
Insurance Coverage
In most personal injury cases, the injured victims pursue damages by bringing a civil action against the at-fault party's insurance company. If the affected party establishes negligence and proves that the other party was responsible for their injuries, it is the duty of the insurer to process the compensation.
The amount an injured victim can recover following their accident depends on several factors, including insurance coverage. If the policyholder has a $100,000 coverage, the injured victim may be unable to recover more than that if their injuries exceed the coverage amount.
In case the at-fault party does not have an insurance policy, it can adversely affect the victim's chances of pursuing a personal injury lawsuit.
An injured person may be able to sue the negligent party and go after their assets, but if they don't have any, making a recovery can be next to impossible.
Statute of Limitations
The statute of limitations governs the time frame in which the injured victims can pursue personal injury lawsuits.
Most personal injury claims or lawsuits have a two-year statute of limitations, in which the affected parties can pursue compensation. However, some cases may have a greater or lower time limit.
An experienced personal injury lawyer can help assess the facts surrounding the case and guide the injured victim on the time they have to bring legal action.
It's crucial to adhere to the statute of limitations, as failure to pursue a claim or lawsuit within the time frame mentioned under the law can bar the victim from obtaining compensatory damages.
The Skills and Experience of the Personal Injury Attorney
Without legal representation, building a strong case and fighting the lawsuit in court against the at-fault party or their insurer can be challenging.
An experienced personal injury lawyer understands the legal process and the intricacies associated with it. They can use their knowledge and expertise to help avoid these pitfalls and increase the victim's chances of winning the lawsuit. They can explain how settlement negotiation works in an injury case.
Judge and Jury
When a personal injury lawsuit proceeds to court, the outcome of the case lies with the judge or jury, depending on the type of trial it is. It becomes extremely crucial for the victim to present their arguments in a compelling way.
If the judge or jury does not sympathize with the plaintiff, it can reduce their chances of winning the lawsuit. Building a strong case and presenting it in a way that resonates with the jury or judge is critical to a lawsuit's success.
What Is the Average Personal Injury Settlement in Toledo, Ohio?
A trial can be an expensive and time-consuming process, and there can be a lot of uncertainty around the outcome of the case. Fortunately, most personal injury cases are settled outside of the court.
It is difficult to determine the average personal injury settlement in Toledo, Ohio, due to the lack of data since most payouts are confidential. However, it's essential to understand that every personal injury case is unique, and depending on the circumstances of the lawsuit, the value of the settlement may vary.
There are many different factors that affect the value of the personal injury settlement, some of which include the following:
The nature and severity of the injuries;
Economic damages and non-economic losses;
Liability insurance; and
Negotiation skills.
A personal injury settlement for a minor car accident resulting in a whiplash injury, for example, may not be worth as much as a slip-and-fall accident that leads to severe spinal cord injuries.
Every personal injury case is unique, and an experienced lawyer can help assess the circumstances of the lawsuit and provide an accurate estimate of the value of damages incurred. Contact Schuerger Shunnarah Trial Attorneys for questions such as Are personal injury settlements taxable in Ohio?
Injured Victims Should Reach Out to Experienced Personal Injury Lawyers in Toledo, Ohio!
Those who have suffered injuries due to another's negligence in Toledo, Ohio, should call to schedule a free consultation with Schuerger Shunnarah Trial Attorneys. They have deep knowledge of personal injury law and can build a strong case to increase the victim's chances of winning the lawsuit.