The Journal of the American Judges Association states that approximately 96% of personal injury cases settle outside of the court.
San Jose is a beautiful city to visit in Northern California. Technology hubs and rolling mountains make this city a delightful combination of nature and innovation.
A personal injury lawyer in San Jose can help you take legal action if you were injured due to someone else’s negligence. Before taking legal action, it is important to have a better understanding of the strategies to win a personal injury case.
Read this blog post about five commonly used strategies in personal injury cases in San Jose. It can help you maximize the compensation from the defendant’s insurance company.
- Thorough Investigation
- Figuring Out What Your Claim is Worth
- Make Sure Your Evidence is Admissible
- Avoid Accepting Low-Ball Offers
- Don’t Be Afraid of Going toTrial
Thorough Investigation
A thorough investigation is one of the most effective strategies commonly used in personal injury cases. As a plaintiff, you need the assistance of a personal injury lawyer for the investigation. To win your personal injury case, your lawyer will conduct a thorough investigation of the accident scene, the evidence, and the at-fault party involved.
Therefore, your lawyer will check for the relevant laws and regulations for your personal injury case. By doing so, they will be able to identify any defenses to your personal injury claim.
Figuring Out What Your Claim Is Worth
Figuring out what your claim is worth is another strategy. This means that you need to know the value of a personal injury claim. You need to calculate the economic and non-economic losses that you incurred in the accident. It is easy to find the value of your economic losses. Non-economic losses are non-quantifiable and are comparatively difficult.
In this situation, your attorney will find out the value of your non-economic damages by using methods like the multiplier method or the per diem method.
Make Sure Your Evidence is Admissible
It is important to submit the proper and relevant evidence. Moreover, you need to present evidence that is not excluded by the court. Evidence should help you prove your injuries and other damages sustained from the accident.
In this circumstance, your attorney will check whether your evidence is relevant or not. Based on the personal injury law and the court rules, they will confirm that your evidence is admissible. When you have relevant evidence, your attorney will easily prove liability and recover compensation.
Avoid Accepting a Low-Ball Offer
Avoiding accepting any low-ball offers from the at-fault party’s insurer is an effective strategy. A low-ball offer is one that is less than the value of your claim. It will be insufficient to cover all the losses you’ve experienced.
Generally, an insurance adjuster will pressure you to accept this low-ball offer. But you have to be cautious.
In this circumstance, your attorney will guide you on whether to accept or disagree with the settlement offer. If you refuse the low-ball offer, then your lawyer will help you demand reasonable compensation from the at-fault party’s insurance company.
Don’t Be Afraid of Going to Trial
The trial process is an expensive and lengthy one. That is one of the major reasons why most at-fault parties and their insurance companies agree to settle outside of court. So you should argue that you will take your case to trial.
This strategy will help you resolve your case without going through the litigation process. The Journal of the American Judges Association states that approximately 96% of personal injury cases settle outside of the court.
Final Thoughts
Dealing with a personal injury case can involve complex legal procedures. It is not easy to win against the defendant’s insurance company. The plaintiff should hire an experienced personal injury lawyer in San Jose who can help you win your personal injury case. They will also protect your rights and support you in getting the compensation you deserve.
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