Pursuing a personal injury lawsuit comes with numerous challenges.
Executing a personal injury case isn’t that easy. However, that doesn’t mean giving up on your personal injury lawsuit.
With the right tips and tricks, you can overcome these challenges and succeed in your personal injury lawsuit.
But you should first understand the common personal injury lawsuit challenges.
The following are common challenges a car accident lawsuit is likely to face.
Insurance
It’s a fact, some drivers don’t have insurance covers. If such a driver crushes you, your claim will be classified as an uninsured motorist.
So, if your cover doesn’t have an insured motorist, seek justice before a court of law. Here, you can sue the other driver for negligence.
Here, you will have to have a tough legal fight. Your insurer will play a key role in your case.
Your insurance will try to do everything to throw your case out. However, that doesn’t mean that you give up.
With the right lawyer, you can handle your case with precision and win it. So, the trick lies in hiring the right lawyer.
Liability
In most cases, the liability of negligence-based theory is used to persecute all personal injury cases.
However, proving negligence isn’t that easy. Here are a few things you must prove beyond doubt when it comes to negligence:
- Duty—You must prove any breach of duty when urging your case before a court of law.
- Accident—Even more, you must prove before a court of law that a breach of duty happened—which lead to that accident. Here, you will prepare all the evidence needed.
- Damages—You must prove that you have suffered damages. This includes both financial and emotional damages.
Damages
Your insurance company will probably challenge the extent of the damages. It will do the same thing to the nature of the damages suffered.
This happens when you suffer soft tissue-based injuries.
Remember, it’s difficult to see soft tissue injuries.
Even if you use the most sophisticated machines, seeing these injuries can be a nightmare.
That’s why insurance companies will always bank on this loophole to challenge the damages you have suffered.
Pre-Existing Injuries
Having preexisting injuries can deny you compensation.
In particular, if an insurance company realizes that you have preexisting injuries, he/she may deny you full compensation.
That’s why you shouldn’t hide anything from your lawyer. Tell your lawyer everything about your past medical conditions.
If you have any preexisting injuries, tell your lawyer. He/she will find ways to help you get a fair deal when it comes to compensation.
Comparative Negligence
An insurance company may use combative negligence to reduce the amount of compensation you should get.
Here, the insurance may try shifting some blame to you so that it can pay you less when it comes to compensation.
For instance, if the court determines that you are partially to blame for the accident, your compensation might be lowered.
Police Reports
A police report is an important piece of evidence in a personal injury lawsuit resulting from a Motorcycle traffic collision.
That’s why an officer will be sent to the scene.
In the police report, things like car particulars, location of the accident, and photos will be documented in the police.
These details will be used when building a case in court. In these cases, try getting a copy of the police report.
Having a copy will help you navigate through your case without any difficulties.
State Traffic Laws
It’s important to familiarize yourself with the state laws if you want to make a strong case.
Look what the law says about driving in your state.
State laws have strict guidelines when it comes to determining who is at fault for the accident. These rules can be found in the traffic codes.
So, read the rules of the road.
You can find these rules from local authorities or online. Try looking for a listing that may apply to your particular accident.
Look at the speed limits. Check the roadway markings. These rules will help you litigate your case in court.
Also, you will refer to these rules when negotiating with an insurance adjuster.
“No-Doubt” Liability
There are certain types of accidents that your insurance company won’t argue about.
According to law, these accidents are known as no-doubt liability.
Here, the other party is presumed 99 percent liable for the accident.
In such cases, your insurance company will find it unnecessary to argue your case.
Rear-End Collisions
According to traffic law, if a driver hits you from behind, the liability is placed on his/her side.
It isn’t your fault. These accidents are known as rear-end collisions. Traffic rules require drivers to keep a safe distance.
Plus, any driver should safely stop whenever the traffic ahead stops. These cases are usually straightforward.
In fact, it will be indicated in the police report.
Thus, the other driver will be liable for the damages caused to your car.
Left-Turn Accidents
If you are making a left turn and you hit another oncoming car straight on (which is moving in the other direction), you will be liable for the accident and damages.
However, there are exceptions. But it’s difficult to prove them. These exceptions may include:
- Speed limit: The other car exceeded the speed limit
- Left turn: The other car was making a left turn normally. However, something unexpected happened—which causes the car to slow down.
- Pro Tip: Learn about the rear-end collisions. Understand how to argue your case in court in case of rear-end collisions. Hire the best lawyer to litigate on your behalf.
Jury Selection
On the surface, car accident cases may look easy. Of course, it can look easy to litigate them by yourself.
However, they involve a lot of legalities. If you don’t have a legal mind, executing your case can be challenging.
That’s why partnering with the best car accident lawyer is the real deal. However, there are numerous car accident lawyers out there.
This makes it challenging to select the best lawyer. But don’t freak.
With the following tips and tricks, you can be sure of partnering with a lawyer you can be proud of.
Experience
Look at the experience of the lawyer you want to hire. Working with an experienced lawyer will boost your chances of winning the case.
Of course, young lawyers need to be given an opportunity.
However, you cannot trust them to deliver the best results. That’s why choosing an experienced lawyer is the key.
With an experienced lawyer, you have a legal expert who understands the law and how to get you the best compensation.
He/she will use all the loopholes to deliver your case. Such a lawyer won’t be scared to face the defendant and confront him/her with real facts.
He/she will not be intimidated easily. So, if you want the best out of your car accident case, hire from the top.
Choose an experienced lawyer.
Education Background
Look at the educational background of that lawyer.
Where did that lawyer study law? What are his/her qualifications? Did he study car accident-related laws?
Choose a lawyer with a strong educational background. He /she should be conversant with accident lawsuit related laws.
Fees
What are the applicable fees? Can you afford these services of that lawyer? Does the lawyer have any payment plans?
Does he/she charge on a contingency basis? What about additional fees?
These questions will guide you understand the fees that are applicable for your case.
Choose a lawyer who charges on a contingency basis. Also, stay away from lawyers who are out to charge you exorbitantly.
Also, try negotiating these fees. Look at the payment plans that can favor your wallet.
Testimonials
Testimonials can give you a rough idea of what to expect from that lawyer. So, ask him/her to give you testimonials.
Consider contacting past clients. Choose a lawyer with impressive testimonials.
Reviews
Read online reviews of that lawyer. A good lawyer should attract positive customer reviews.
On the other hand, a bad lawyer will attract negative reviews. Don’t hire a lawyer with negative reviews. However, try to establish whether the reviews are genuine.
Remember, rogue lawyers will ask bloggers to positively review them. This will give you a fake impression of that lawyer.
Thus, ensure that the reviews are genuine and not exaggerated or doctored.
Communication Skills
Look at the communication skills of that lawyer. In most cases, communication skills will determine the success of your case.
Thus, working with a good communicator is advantageous. He/she will use these skills to litigate your case.
Communicating with the judge also requires good communication skills. He/she should also have good interpersonal and listening skills.
Negotiation Skills
In aces your case doesn’t proceed to full trial, your lawyer will try to negotiate for a settlement with your insurance company.
Here, great negotiation skills are required. With good negotiation skills, you can be sure of the best settlement.
Confidence
Courtroom sessions require lawyers with a high level of confidence. Remember, the defendant probably has a strong team.
Having the best lawyer is important.
Choose a lawyer who can confidently tackle the defendant’s legal team. Plus, it will not be easy to intimidate a confident lawyer.
This means that such a lawyer won’t give in to pressure when representing you before a court of law.
Trail Process
Any civil case—including those relating to personal injuries—have a strict process.
Besides fulfilling statutes of limitations, you must follow all the processes.
Failure to follow the due process, you risk getting your case thrown out. That’s why understanding the process is important.
Here are common steps followed in filing a personal injury case.
Opening Statements
The first step of a trail is opening statements. Here, both parties are given a chance to give their opening statements.
Here, your lawyer goes first. He/she will outline all the allegations against the defendant.
From here, the defendant’s lawyer comes with counter statements. These statements are highlights.
They are meant to enlighten all the parties involved about the case at hand. In most cases, opening statements should take at most 20 minutes.
Presentation of Evidence from The Plaintiff’s Lawyer
The next step involves presenting evidence. Here, the plaintiff’s lawyer goes first. He/she will document all pieces of evidence.
The judge will listen to the evidence. Plus, you have the burden of proof when it comes to substantiating your claims.
Here, your attorney will call all witnesses and cross-examine them.
Even more, bystanders and other eyewitnesses can be called during the presentation of evidence.
Presentation of Evidence by The Defender’s Lawyers
The third step involves evidence presented by the defendant’s lawyers. This happens after the plaintiff’s lawyer rests the case.
The defendant’s lawyer will present his/her evidence.
The format for presenting evidence in both cases is the same. He/she, too, can also call witnesses.
His/her work is to counter your evidence. To discredit your evidence, he/she must prove that your statements are wrong.
Closing Arguments
After the evidence presentation, closing arguments are issued.
Here, both parties are given an equal opportunity to issue closing arguments. Here, each party will talk to the judge.
He/she will try to convince the judge. However, these statements will summarize all the evidence presented.
Jury Deliberation
After closing arguments, the judge will deliberate on the evidence presented by each party.
Here, he/she will go through the evidence. In most cases, jury deliberations should be confidential.
This should take several hours. However, there is no time limit. It can take days.
Search engines should ignore this link (mark
Jury’s Verdict
The judge will make and issue a verdict.
Here all the parties will return to court. From here, the judge will read his/her judgment.
Both parties have a right to apply for an appeal in a higher court.
If the case is ruled in your favor, you will start processing your settlement claims.
The Bottom-Line
The above are common challenges a Semi-truck motor vehicle accident lawsuit.
These are the challenges you should understand to handle if you want your car accident lawsuit to be successful.