How To Define A “Good Injury Case”
For this article, we will use a car accident as an example. A good injury case is one with a high likelihood of receiving a large sum of money from the person that caused the injuries or that person’s car insurance company. As a general rule, the worse the injury, the better the case. That statement is not intended to be insensitive, but bad injuries make better cases from a legal standpoint because they usually result in higher settlements and jury verdicts.
Which Factors Make It A Good Injury Case?
There are several factors that contribute to making a person’s injuries a good injury case, such as (1) the other person’s fault (a.k.a. negligence), (2) expensive medical bills, (3) disability, and (4) extensive pain and suffering. But there are other factors to consider as well.
You could have a good injury case if it was their fault
Another person being at-fault for the car accident is great start. When this is the case, the at-fault party may not even contest their liability for the accident. However, they may contest the amount of damages, meaning they may dispute the amount of money they should be required to pay for your injuries.
Expensive medical bills can help make it a good injury case
The higher your medical bills, the better. However, if you there are future surgeries you may need years later, insurance companies usually argue that those future medical bills are speculative and the injured person is not entitled to compensation. Juries often give some weight to the insurance companies’ arguments on this point, so you need an experienced personal injury lawyer to make strong counter arguments.
Disability cases are often very good injury cases
Permanent injuries can drastically increase the amount of money insurance companies offer for injury compensation. Permanent injuries can reduce quality of life and the insurance companies often do not want the case to go to trial if they think the jury will sympathize with the injury victim because of sever permanent injuries.
Pain and suffering usually helps make it a good injury case
Even if the injuries you suffer are not classified as a permanent disability, the pain and suffering from your injuries are a strong factor insurance companies and juries consider.
You can still have a good injury case even if you didn’t go to the hospital the same day
Whether the injury victim went to the hospital the same day is sometimes a point of contention. It is a good idea to go to the hospital immediately after being in a car accident even if your injuries do not feel severe at the time. Going to the hospital the same day helps your injury case because it shows two important entities that your injuries are severe…
- Going to the hospital the same day helps your injury case because it shows the insurance companies your injuries are severe; and
- Going to the hospital the same day helps your injury case because it shows the jury (if your case goes to trial) your injuries are severe.
If you were injured in an accident, keep in mind that insurance companies and/or juries tend to think of injuries as being less severe if the victim did not go to the hospital immediately after the accident. It also depends on the injuries. For instance, not going to the hospital for a broken bone doesn’t make the bone less broken. Thus, insurance companies and/or juries are not likely to think a broken bone is less severe simply because the person did not go to the hospital the same day.
However, for muscle and tendon injuries, insurance companies and/or juries often think the injuries are less severe if the person did not go to the hospital right away. Unfortunately, many car accidents result in whiplash injuries that mostly cause damage to the muscles or other soft tissue.
If you did not go to the hospital the same day as the accident, that does not mean you have a bad case. It just makes it a little more difficult to convince an insurance company and/or a jury of the severity of the injuries. The attorneys representing the auto insurance companies know this and may offer a lower settlement as a result. Regardless of whether this is a challenge in your case, it is critical to hire an experienced car accident injury lawyer to fight for your interests.
The people at Koth Gregory & Nieminski have lived in central Illinois for all or most of our lives, so it’s personal for us when someone from our community is injured. We fight for the people in central Illinois every day to get them the compensation they deserve. Let us handle the insurance companies so you can focus on getting better. Click here to schedule a free, no obligation consultation with one of our seasoned personal injury attorneys.
Our office is located in downtown Bloomington IL, but we also handle injury cases outside of McLean County. We often represent clients in the neighboring communities of Peoria, Pekin, Pontiac, El Paso, etc. so we frequently go to court in Peoria, Tazewell, and Livingston county. We offer appointments over the phone and via zoom so even if you are an hour away from our office in Bloomington, don’t let the distance bother you. Finding an experienced injury attorney who cares is worth it.
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We believe it is important for injury victims to consult with a top personal injury lawyer in Bloomington IL to understand the law in Illinois and how the facts of their situation may play out in negotiations and court. However, there are also several resources available with general information on personal injury cases. KGN does not endorse these websites since we have no control over them but click the links below if you would like more information from other sources.
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