This is a common question asked by those who have been injured in a car accident. The answer can be nuanced depending on the facts of your case.
However, as you analyze your situation to determine if legal action is warranted, you might want to consider some of the contributing factors that can impact your ability to win your case and recover the compensation that you need to focus on your recovery.
Key factors contributing to your case
Although many personal injury cases are similar, none of them are exactly the same. As a result, each case requires its own analysis to determine its likelihood of success both in terms of liability and damages.
As you engage in that assessment, you’ll want to consider these factors, each of which could have an impact on the outcome of your case:
- The severity of your injuries: The extent and severity of your injuries will impact not only the amount that you’ll be able to recover in medical expenses but will also be a contributing factor to your non-economic damages like pain and suffering. Therefore, to increase your chances of recovering what you deserve, you’ll want to follow your doctor’s recommendations and make a record of the severity of your injuries and how they impact your daily living. This might include documenting every way in which your injuries negatively affect your life.
- The power of expert testimony: There’s probably going to be a lot of argument over both liability and damages in your personal injury case. Medical, accident reconstruction and employment experts might carry a lot of sway with the judge or jury, which is why it’s a good idea to have an expert or two on your side. That said, to maximize your chances of winning your case, you’ll also want to be prepared to minimize the impact of expert testimony presented by the defense.
- The picture painted by non-expert witnesses: Testimony from your family members and friends can be powerful when it comes to showing liability and damages, too. They might have first-hand accounts of how the accident occurred, both they can also help highlight how your life has changed after being injured in an accident. This can paint a very personal and impactful picture for the judge and jury.
- Evidence of comparative fault: Rhode Island recognizes pure comparative fault. This means that even though you can recover compensation if you’re partially to blame for causing an accident, your award can be reduced in accordance with the amount of fault that’s assigned to you. So, if you want to maximize the amount of compensation that you recover from your case, then you should be prepared to counter arguments that try to lay the blame at your feet.
Take a holistic approach to your car accident claim
There are a lot of factors that can impact the outcome of your personal injury case. Therefore, as you prepare to embark on your legal journey, you need to have a well thought out gameplan. This will require you to gather and analyze physical evidence, talk to witnesses and craft persuasive legal arguments that’ll play well in court.
That might seem difficult to do, but the process is better thought of in incremental steps. So, as you continue to research how to navigate your case, remember that step-by-step you can slowly build the compelling claim that you want.