Winning Your Personal Injury Case – Strategies for Success

By | January 21, 2011

Let’s face it: there are a lot of misconceptions about the law these days. Between TV courtroom dramas and true-to-life news stories reflecting only the most unique and special cases, there’s a lot out there that can make you think your personal injury case is something it isn’t. In all honesty, many people simply don’t understand the finer points of the law and how it relates to their own legal issues.

When it comes to your personal injury case, the expectations can sometimes be similarly skewed. What might look like a slam-dunk to someone with no legal experience can sometimes look like a tough case to a lawyer. And vice versa. So if that’s how complicated the legal system can be, how exactly can one expect to win a personal injury case? Isn’t reality much tougher than it is on TV? Are there any ways to win cases that aren’t slam dunks?

Simple: strategies for success exist just like they would in any other field. When it comes to the individual personal injury case, any one particular strategy won’t always win the day – but when you combine the experience of a successful personal injury lawyer with the strength of a case, you can really find a combination destined for success. In your individual case, you may find that our experience in this area – and the strategies for winning we outline below – are exactly the kind of strategies you hadn’t thought of before. Here are strategies for personal injury case success.

1. Working with the right lawyer. We can’t stress this enough: if you’re not working with the right lawyer, your case is likely going to go nowhere. Sure, some so-called “slam dunk” cases can be won by an inexperienced or underachieving attorney, but when it comes to handling your case, you want more than that, don’t you? Most of us would. That’s why selecting the right lawyer is so important. It’s not only about what you do, but who you get to handle what you do.

How do you know which is the right lawyer? You’ll have to use your judgment and trust your instincts – you can go off of the recommendation of others as a strong indicator, however. Reputation, experience, and a solid track record of personal injury success are all factors that should impact your decision about which lawyer you hire.

The type of lawyer you hire will have a dramatic impact on many details of your case. For example, what might not look like a major issue or strategy to you will actually be something different in the mind of a lawyer because they’ve had the training and experience to recognize when facts of the case fall on your side. Being able to identify these details is part of what makes a great lawyer great. That’s what you want on your side.

2. Having the right evidence. How good were you at keeping track of the details of your personal injury circumstances? Chances are if you’re reading this article, you can’t really go “back in time” and find out the solution. But as they say in medicine, prevention is more important than the cure. If you don’t have any personal injury cases pending but you are wondering how to protect yourself if you ever do have one, try to do your best to record the facts of a personal injury and generate as much real evidence as you can.

Of course, having the right evidence will depend on your legal knowledge and your understanding of what typically acts as evidence. Just keep in mind that you have to be able to demonstrate the facts of the case to a court – you can’t simply rely on “your word versus their word.” Depending on the circumstances and individual laws affecting your case, you might be surprised to find out just how little legal clout your word carries. It’s reality, and you have to be prepared for the reality of proof, facts, and evidence in the courtroom.

3. Cooperation is key. Let’s say you followed strategy #1 to the letter and found a quality lawyer. What’s the best thing you can do now? Work as hard as you can, dig up your own research, and try to take as much work off of your lawyer’s shoulders as possible?

No! You have to cooperate with your lawyer, be upfront about them, but ultimately you have to let them do their job. The more open you are with them – and the more you let them handle things – the more you benefit from their experience. You don’t want to distract your lawyer or keep them worrying about the less-important details of the case: you want them working from their own training and experience on your behalf.

Don’t try to do a lawyer’s job for them, just as you wouldn’t order a meal in a restaurant and then go watch the cook in the kitchen and tell them how to prepare it. Trust the legal details to the legal professionals and you’ll be on your way to becoming the ideal client.

Having a personal injury case isn’t easy. Many times it means you’re suffering, or have been victimized in some way. But how much you suffer does not directly impact the quality of your case. If you want to up your chances for winning, you’ve got to follow strategies like the ones detailed here. These are the quickest and most real “shortcuts” – if you can call them that – to your case’s success.

Keep faithful and trust your attorney and you might be surprised what they’ll be able to do for you. Don’t get bogged down and insecure about the case – let your lawyer worry about those things. To do right, focus on answering your lawyer’s questions honestly and making sure you’re working with the right one to begin with. That’s how cases get won.

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