In the event you find yourself dealing with injuries as a result of someone else’s actions or inactions, you may be able to pursue a personal injury claim to seek compensation for your losses. To pursue a successful claim, it’s important to understand what the process is like and what potential road bumps you could face along the way.
If a seemingly standard injury claim becomes more complex mid-case, you’ll want to be backed by a strong legal representative. Corban Gunn, Attorney at Law has extensive experience handling all types of personal injury cases. In order to get a better understanding of what you could be dealing with, let’s start by taking a look at the complexities associated with personal injury law.
Complexities Associated With Personal Injury Law
While personal injury claims are typically categorized by the type of accident, like a car crash or premises liability injury, every claim that’s filed is unique. A civil claim evolves when an accident that could have been prevented occurs. Every accident has a different set of contributing circumstances, which is why every case has the potential to proceed in a different direction.
While there are steps every personal injury claim has to go through, how long it takes to get through those steps varies case by case. After the initial consultation with an attorney, an investigation will begin and eventually you’ll have enough evidence to file your request for compensation. While some cases resolve at this stage through negotiations, there is a chance the claim could proceed as a lawsuit in court.
In the event a claim becomes more complex as it proceeds through the process outlined above, it’s important to work with a lawyer who understands the laws that apply to your case and who has the resources, like accident reconstructionist experts, to support your side of what happened.
Factors That Impact the Outcome of a Personal Injury Claim
As a standard injury claim proceeds through the civil law process, there are a number of factors that have the potential to impact the outcome. In some cases, those factors can change over time. If that happens, it’s important to ensure both sides have the most accurate and up-to-date information.
After an injury, it’s important to seek medical attention. A physician can evaluate, diagnose, and treat you, and your lawyer will use that information to determine a portion of your economic damages. If, however, you return to a doctor at a later point to discover you have additional or more severe injuries related to the accident, it’s important to update your claim.
Certainty of liability can also have an impact on the outcome of a case. For a civil case, the burden of proof falls on the plaintiff, who has to prove by a preponderance of evidence that the opposing party committed the act that resulted in their injuries. If evidence changes as a case moves forward, it has the potential to complicate or elevate the burden of proving liability.
How to Handle Unforeseen Circumstances or New Evidence Mid-Case
If the event your case takes a turn in a direction you weren’t expecting, it’s important to understand the implications. This most often happens in the event new evidence is introduced. With any personal injury case, the following types of evidence may exist:
- Pertinent physical evidence
- Injury documents
- Reports or images from the scene
- Witness testimony
Depending on where you are with your claim, your lawyer will inform you of the process of submitting and presenting new evidence. In some cases, the new evidence could improve your chances of proving negligence. Depending on the situation and the evidence, there’s also a chance you could discover the need for a second personal injury claim.
Corban Gunn, Attorney at Law Will Fight for You
As you can see, there’s the potential for complications with even the most run-of-the-mill personal injury claims. That’s why it’s best to work with an attorney who has a comprehensive understanding of personal injury law and the state and federal laws that apply to your situation.
In order to learn more about your legal rights and options after sustaining an injury, schedule a case evaluation with Corban Gunn, Attorney at Law. Your lawyer will start by reviewing your situation and helping you determine how best to move forward.
In the event it’s possible to prove negligence on behalf of the opposing party or entity, you may be eligible for compensation to cover your economic and noneconomic losses related to the accident. Contact us today for more information.