Being the victim in a personal injury case is already stressful, as you may be recovering from injuries, damage to personal property, and loss of work time. Successfully suing for negligence is highly affected by the resources either side has. After all, resources can affect access to top-tier expert witnesses, accident reconstruction, and the ability to prolong litigation, thus affecting the type of settlement reached during negligence lawsuits.
According to NOLO, in a study of 6,779 medical malpractice claims between 2001 and 2015, only about 22.8% received a settlement payment, with two-thirds of claims being dismissed without a settlement or trial. While most personal injury cases settle without a trial, more complex ones like medical malpractice prove more difficult to win, with the defendant's resources being a big factor.
Why Do Resources Affect Case Strategies?
Whether you're a defendant or plaintiff, your resources can affect whether you can prolong the litigation to enforce a lower or higher settlement. For example, medical facilities and large firms have the resources to drag out cases that can affect a cash-strapped plaintiff. Whoever has the resources can afford more expert witnesses and conduct deeper investigations.
How Can I Strengthen My Case?
If you're cognizant enough during the accident, start gathering evidence immediately. Take photos and videos of the scene, damages, and injuries. Note who is there and what was being done or said. Luckily, you don't need a lot of resources in order to take your own evidence at the scene if you or someone else has a mobile phone to record.
Make sure you document any injury you have immediately, including any ongoing medical treatment related to it, so you always have a detailed paper trail.
The main focus is to:
- Establish that a duty of care existed
- A breach of that duty happened
- The breach caused your injury
- You suffered temporary or permanent damage
Get Legal Help Fast
When suing another party for negligence, get legal representation immediately and call Babcock Injury Lawyers. If you're unsure about funding, utilize contingency fees, as many personal injury lawyers are paid based on the settlement they can get you.
Having a legal expert on your side not only reduces stress but can also provide easier access to other parties, such as insurance companies and witness statements from anyone who saw the accident. A lawyer will ensure everything is filed on time to avoid missing important legal dates, such as the statute of limitations.
Insurance companies are notorious for dragging out payment, but an experienced lawyer can improve the speed and quality of their communication, as well as the likelihood of a higher payout.
Be Prepared for Negligence Compensation
Suing for negligence involves time and resources. Those resources may involve upfront financial costs and come down to how much documentation you or someone else takes at the scene. Your access to other documentation from video surveillance, expert witnesses, and local information can help your case. Therefore, don't hesitate to get legal representation that can ensure all the proper steps are taken.
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This article was prepared by an independent contributor and helps us continue to deliver quality news and information.