Not every personal injury case has the same outcome. A good outcome means that the victim gets compensation for his or her injuries, lost income, and unreimbursed medical expenses. Accordingly, here is a list of seven key factors that go into a successful personal injury case:
- The other party, not the victim, was MAINLY at fault for the accident. In New Jersey, it is not fatal in personal injury cases if the victim was SOMEWHAT at fault. However, if MOST of the fault lies with the victim, it is usually problematic.
- The victim suffered a significant physical or mental injury. Preferably, an injury that objective medical tests, such as MRIs or X-rays, will confirm.
- The victim hires an experienced personal injury lawyer. One who will devote his personal attention to the case. An attorney who knows all the relevant laws, and who will be responsive to the client’s individual needs at all times.
- It is crucial that the victim hires the personal injury attorney AS SOON AS POSSIBLE after the accident. Otherwise, crucial evidence may disappear. For example, surveillance video, which may prove that the other party was at fault for the accident, may be erased or discarded. A lawyer can prevent this from happening.
- The victim needs to keep all of his or her medical appointments. Of course, the same goes for therapy sessions.
- It is important that the victim not discuss the case with anyone except for his or her lawyer, and the lawyer’s staff. This includes not posting about the accident or the injuries on Facebook or other social media. The other side may try and “twist” whatever the victim says and use it against the victim at trial. Remember, too, that insurance companies may put accident victims under video surveillance.
- The victim must always tell the truth to his or her lawyer, and in any testimony.
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A SUCCESSFUL PERSONAL INJURY CASE
The above list is not all-inclusive. But it does contain some of the main elements of a successful personal injury case.