Case Value Factors to Know
How strong is your personal injury case? An Orange Park injury lawyer wants you to be aware of some legal concepts and factors to help you proceed.
Liability and Negligence
Perhaps your case is a motor vehicle accident case, slip and fall case, disability case, or medical liability case. Regardless of the category, one of the main factors in any case is going to be liability. In other words, was the defendant negligent?
If it is clear and provable that the defendant is at fault, your settlement value goes up. But if negligence is more difficult to prove, the value of your case is significantly reduced. To gauge your likelihood of success, you might view liability in terms of a percentage. For example, if liability is high and it’s crystal clear, your case may have a 90% chance of winning, which is excellent. In the mid-range of 50% to 70%, odds are fair, while less than 50% is poor.
The Concept of Comparative Negligence
It may sound like legal jargon, but it is helpful to know about comparative negligence. This refers your own possible negligence and the role it may have played in injuries. If you bear some comparative negligence, it will decrease the strength of your case and reduce your recovery (award or settlement). In fact, at trial, jurors may feel that if you had any negligence you are not entitled to any pay-out. That is something to keep in mind as you plan your case strategy with your Orange Park injury lawyer.
It may sound unfortunate, but there have been cases in which an injured party was at the wrong place at the wrong time. Imagine a situation in which a collision occurred when a defendant crossed a center line and hit another car head-on. Or picture a plaintiff who was stopped at a red light and was hit from behind. There have been such cases in which jurors found comparative negligence on the plaintiff’s part. Your lawyer will explain that insurance adjusters will raise this issue particularly in cases of motorcycle accidents or slip and falls.
If your proportion of negligence is in the mid-range (around 50%), you may lose your case if it goes to trial. On the other hand, in a case of minimal comparative negligence, you have a stronger position.
Learn more about this important legal concept and other factors in your personal injury case. Call Orange Park injury lawyer John Fagan for a no-obligation consultation at 904-278-1000 today.