Langsam Law LLP

“There is no better advocate in New York, and maybe the universe, to have in your corner.”

What Makes a Personal Injury Case Win

Posted October 20, 2017

{1 minute 40 to read} I often equate evaluating a case to teetering on a see-saw. It is made up of two parts: first, the likelihood of finding a defendant negligent, and second, the extent of the injuries and damages suffered by the plaintiff. When both sides are balanced, you have a perfect case.

However, when one side or the other is particularly weighty, it could also make for a favorable case. If there is a strong possibility that a jury would rule in the plaintiff’s favor if the case goes to trial, the defendant is more likely to avoid the risk and settle. In cases where there is extreme negligence but little injury, a jury may be likely to rule against a defendant because they are upset the person or entity did not carry out their civil responsibilities. On the flip side, if injuries are severe but the case for negligence is weak, a defendant still may not want to take the risk of a jury sympathizing and awarding a large sum.

Other factors that go into evaluating a case are whether there is evidence. Witnesses, photographs, and surveillance tapes make for a stronger case. This is why we can’t stress enough that it is important to contact an attorney as soon as possible. Witnesses can disappear or forget, situations can be remedied before photographs are taken, and surveillance tapes are typically written over—sometimes after just a couple of days. This is why it is not a good idea to go to an attorney right before your statute of limitation ends.

In personal injury cases, attorneys are paid on contingency. The goals of the attorney and the client are aligned because a settlement works in the favor of both parties, but it is important to set yourself, and your attorney, up for success by notifying them as soon as possible and providing as much evidence as possible.

Read our article “Injured? 5 Reasons You Should Contact an Attorney Immediately” so that you are prepared in case of an accident.

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