While many of us are familiar with statuesque lawyers in fine suits arguing the case of a serial killer in court, these types of scenarios are far less common than you think.
Most of the time, attorneys spend their expertise on far less dramatic, but still very important cases such as personal injury lawsuits. The average person is more likely to become involved in these types of cases than ones of a criminal nature.
So, how often do they win these cases? Just keep on reading to find out more.
Key Characteristics of a Personal Injury Trial
What differentiates a personal injury lawsuit from a criminal one? First of all, many personal injury cases don’t even end up in court. In fact, up to 95 percent of cases tend to settle out of court.
But this does depend on a few different factors and the severity of the case. Some of the most common cases that do end up in the courtroom are wrongful death lawsuits.
The key factors that define a personal injury lawsuit from a criminal trial include:
- You have the right to pursue compensation for your injury in the form of a monetary settlement
- Your legal representation has a very different goal than a criminal lawyer. Their aim is to help you feel whole again after what you’ve suffered during and after the accident
- Criminal law focuses on just one specific area of law. While personal injury lawyers represent all types of clients, no matter the injury
Finally, criminal lawyers have a different burden of proof to determine during a trial. Their job is to prove guilt beyond a reasonable doubt.
A personal injury lawyer concentrates on the fact that there is enough evidence that the defendant was negligent (over 51 percent chance). In other words, they have a lower burden of proof to determine than criminal lawyers.
What Are the Chances of Winning Your Lawsuit?
Now that you know the differences between a criminal lawsuit and a personal injury claim, what determines your chances of winning compensation?
It might seem like a personal injury lawyer has an ”easier” job than a criminal lawyer based on the burden of proof. But several different factors influence whether they win a personal injury case or not:
How extensive and severe are your injuries as the plaintiff? The more serious your injuries and longer your recovery, the more compensation you’re entitled to.
The Quality of Evidence
The amount and quality of evidence a personal injury lawyer has to work with really make all the difference. The more they can prove negligence on the defendant’s part, the better your chances.
The type of insurance the defendant carries plays a major role in the type of compensation you receive. If their insurance does not have to capacity to cover compensation, this might pose a problem.
Jurisdiction and Venue
It might seem trivial to you, but the location of where your accident took place matters. The jurisdiction and venue greatly impact compensation amounts paid out by insurers.
Basically, jurisdiction relates to which court and their level of authority in handling your personal injury case.
Venue relates to the actual location of your accident. Many venue types prefer working with individuals rather than insurance companies.
There are certain laws within each state that place limits or caps on the damages you can receive. This is due to tort reform laws.
The aim of these reform laws is to keep personal injury cases out of court where ever possible. They’re also important in limiting very high-dollar compensation packages that might burden other consumers/parties.
Aside from the above, there are a number of tactics your personal injury lawyer can implement to improve your chances of winning a case:
- They will do their utmost best to gather as much reliable evidence as possible. With enough expertise and experience, your lawyer can build a strong case
- Your lawyer will file your claim within the statute of limitations. Basically, this means filing your case within the specified timeframe as required by law
- Your lawyer will implement their best negotiation skills and advocate on your behalf when dealing with insurance companies
- They can also advocate for particular types of compensation that an insurer is more likely to agree to
As mentioned before, many personal injury cases do not go to trial. This means you can avoid the lengthy court process. However, there are occasions when insurers refute the case and will not settle. In this instance, a trial is necessary.
This is a time when a personal injury legal team is more important than ever. They will provide the best representation you could ask for when looking for the right compensation.
It’s their job to meet the burden of proof during the trial process. This is where testimonies, cross-examination, and additional evidence play a big role in the outcome.
An experienced legal team has all of the above covered for you. Not only this, but they will genuinely have your best interests at heart.
With the right team on your side, they will do all of the pre-trial preparation, guide you through the motions, and stand up for you in court — as you deserve.
Need the Expertise of a Personal Injury Lawyer?
Our legal team at McGrath Law Firm is here to fight for the rightful compensation you deserve if you’ve suffered an injury at the hands of someone else.
If you need an experienced, reliable, and effective team on your side, contact our law firm today for the best professional guidance.