At your initial meeting with your Michigan injury lawyer, you will discuss the potential value of your case, whether you are likely to succeed, and whether success on the merits of your case will be worth the cost, given the value of the case. It is not possible for a Michigan injury lawyer to guarantee that you will prevail at a trial, which is why many plaintiffs choose to settle their cases instead of rolling the proverbial dice with a jury. Still, it is best to understand the factors that go into evaluating a case so as to avoid wasting valuable resources in preparing for a trial.
Witness Availability
It is impossible to succeed with a personal injury claim if there are no witnesses to corroborate the plaintiff’s story. Even if a plaintiff has a great case and his Michigan injury lawyer believes his case to be worth a large amount, it will be difficult to prove this to a judge absent witnesses to testify about the events in question. If the plaintiff is alleging non-monetary damages, such as pain, suffering or emotional turmoil, witness testimony is even more important. The judge will be reluctant to award this type of damages absent strong evidence to suggest the plaintiff has suffered a severe charge in lifestyle. Aside from witnesses, evidence such as photographs or videos documenting pain and suffering can also significantly increase the value of a case.
Medical Evidence
In order to receive the full value of your personal injury claim, you must be able to proffer official records as to your medical treatments and costs. This will include medical records and testimony from your physician about the aftermath of the accident. Your Michigan injury lawyer will work to collect these documents during the discovery phase of the case, but without this information, the case is only worth the value assigned by the jury or judge.
Occupational Evidence
In personal injury cases, particularly those involving claims of pain, suffering and emotional turmoil, it is vital to set forth as much evidence regarding lost livelihood as possible. Pain and suffering claims are bolstered by evidence to suggest the plaintiff is unable to work, cannot pursue his or her career and is required to stay home all day. This evidence suggests that the plaintiff has experienced extreme turmoil and should be eligible to receive additional compensation besides the finite amount of lost wages. As pain and suffering damages are often difficult to ascertain, a jury will likely shy away from these awards absent concrete evidence of an extreme downturn in quality of life.
If you are considering a personal injury action or would like to pursue a claim of mental or emotional turmoil, contact Michigan injury lawyerChris Trainor today: 877-961-8477.