How to Win a Personal Injury Case
By Mary Ann Pekara
While there is no magic formula for winning personal injury cases, plaintiffs that have received settlements typically have solid evidence, facts that meet all the necessary legal elements, and a personal injury attorney.
The outcome of certain cases may be predicted with some degree of certainty; however, the outcomes of other cases, such as medical malpractice, are often more difficult to predict.
To learn more about whether you have a strong personal injury lawsuit, arrange a free consultation with a local injury lawyer by filling out the form below. It's that easy.
Elements of a Medical Malpractice Case
In order to win a claim against a doctor or a hospital, an individual must generally prove several elements, which will be dependent on state laws. Essentially, the plaintiff must prove that he or she suffered an injury, and that the injury was caused by medical treatment that was negligent.
To prove negligence, a patient must generally show that the healthcare provider acted unreasonably. This notion of reasonableness in the medical realm may determined by looking at factors such as:
- Available knowledge. What did the doctor know at the time of the allegedly negligent information?
- Location of treatment. What are the typical practices of doctors in the patient’s geographic region? This element, it should be noted, is becoming less important in many courts.
- Available technology. Did the doctor have the right tools to treat the particular injury?
Due to the technical nature of these cases, medical malpractice cases usually require the testimony of other doctors as "expert witnesses". In addition, many malpractice cases are ultimately determined by a jury, whose rulings can sometimes be unpredictable.
Thus, a successful medical malpractice lawsuit may require a firm understanding of state injury laws, a collection of evidence, and hard work.
How to File a Personal Injury Case
In order to win a personal injury case, a lawsuit must first be filed. And a lawsuit is generally initiated by the filing of a complaint complaint, which usually lists:
- The injury suffered
- Allegations of who caused the injury
- Laws supporting the claim
- Legal relief requested
To learn more about how bringing a personal injury case and whether you could have a successful claim, contact a local injury attorney today.