Legal Guide

5 Signs You Have a Strong Personal Injury Claim

Most personal injury lawyers in Ohio charge a contingency fee on their clients' payout, which means they have to win a case if they are to get anything out of it. 

As a result, lawyers will have a keen interest in the strength of a case before committing to take one. As a victim, you will also want to know your chances of winning a case before filing one. 

This guide highlights some aspects of a case that can help you determine the strength of your case and advise the best course of action to take. 

You Have an Admission of Guilt From the Liable Party

Most insurance companies advise policyholders against admitting liability in an accident. However, there are situations where the liable party may admit liability indirectly. 

If you can have evidence of their admission, for example, a text message expressing remorse for their part in causing the accident, you could use that as evidence. It can significantly bolster your chances of winning a case. 

You Suffered Severe Injuries in the Accident

If your injuries are insignificant, the jury may not look at your case favorably. Also, there may not be enough to cover legal costs and have something left over, so lawyers may think twice before taking your case. 

You can establish the severity of injuries by presenting evidence such as medical records, doctor's notes, first responder's reports, and cost of treatment, so you will need to ensure that you save all the paperwork produced through your treatment journey.

The At-Fault Insurer Is Making an Offer

The at-fault party may not admit fault directly. However, if their insurer makes an unsolicited offer, they probably know they are at fault, and you have a good chance of winning your case. The offer comes with the condition of signing release forms, which releases the at-fault party from future liability for the accident. Unfortunately, most of these offers are way lower than you deserve, and it's best to involve a lawyer before taking it. 

You Have Photographic and Video Evidence

“If you have photographic evidence of the scene or video footage, the strength of your case improves significantly,” says Attorney Charles Boyk of Charles E. Boyk Law Offices, LLC. It doesn't take much to take pictures or record video footage. You only need to use your phone. Even if you may not have taken pictures, there is a high chance someone did, and you can access them by talking to eyewitnesses. 

If you are lucky to have the incident captured on video, for example, on CCTV or a dashcam, you have an even stronger case as it helps establish fault and make clear what transpired in the accident. Most people with access to photographic or video evidence that is pertinent to your case may not have a problem sharing it with you, but there are situations where you would need the help of a lawyer to access information legally.

You Have Avoided Mistakes

Most people have a strong case to begin with. Unfortunately, most people are unaware of the dos and don'ts after an accident and make mistakes that ruin an otherwise strong case. 

Common mistakes made by accident victims include posting on social media, creating treatment gaps, admitting fault, and sharing too much with the opposing side's insurer. 

If you have avoided making these mistakes, you probably still have a strong case. You can avoid mistakes by involving a lawyer early for guidance on the dos and don'ts if you hope to file a personal injury claim in Ohio. 


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