How Hard Is It To Win A Car Accident Lawsuit?

If you or a loved one has been injured in a serious car accident, you understand the way it can affect every aspect of your life. In addition to the physical and emotional toll on you and your family, there are several important legal and administrative matters to handle. All of the above can easily become overwhelming. 

For most people, filing a personal injury lawsuit after a car accident is not something they want to do. However, as medical bills continue to pile up and days off work turn into weeks, seeking compensation for your losses becomes essential. 

At Sweeney Merrigan Personal Injury Lawyers, we have been helping Boston car accident victims and their families for decades. We know how important fair compensation is after an accident, and we work tirelessly to support our clients and fight for their interests. Winning a car accident lawsuit is not always easy or straightforward, but we are determined to do what it takes to get the results our clients deserve.

Factors That Can Impact the Success of a Car Accident Lawsuit

Most car accident lawsuits are not clear-cut or simple. Several factors can have a large bearing on the outcome of a case.

Disputes about fault

In Massachusetts, a car accident victim can only recover compensation if he or she was less than 51 percent at fault for the crash. Additionally, the compensation he or she is awarded is reduced by the percentage of fault. 

When the amount of fault is disputed, this can largely impact the amount of compensation that can be awarded. For example, the insurance company may argue that the victim was 51 percent at fault and therefore should not receive any compensation. Or, it may try to reduce the amount of compensation by looking for ways to share the blame for the crash. 

In these situations, proving the level of fault is essential for a successful lawsuit. 

Quantity and quality of evidence

A successful car accident lawsuit is based on solid and substantial evidence. It is true that liability, or fault, must be proven – but the level of injury or disability, as well as the amount of economic and non-economic losses, must also be shown. 

Some types of evidence that can help build a strong car accident case may include:

• Photos of the damage
• Eyewitness testimony
• Expert testimony
• Dashcam or surveillance video
• Medical records (test results, treatment plans, etc.)

It may also be necessary to prove that the injuries were a result of the accident, not caused by a pre-existing condition. 

Quality of legal representation

Not all law firms or car accident lawyers are created equal. The quality of legal representation you have on your side can largely impact the outcome of your car accident lawsuit.

You need a law firm that offers personalized attention. All too often, law firms take on more cases than they can handle, leaving their clients stranded without communication or direction. When the case load is too much, cases begin to slip through the cracks and errors become more common, which can lead to unsuccessful cases. 

Another danger is if a law firm is more interested in a quick paycheck than in the interests of the clients they represent. Since most personal injury lawyers work on a contingency basis, they aren’t paid until the client is granted a settlement. While this system ensures that the law firm is incentivized to win, it also means that a law firm may be inclined to accept a settlement quickly, even if it isn’t in the client’s best interests.

When you work with a law firm like Sweeney Merrigan, though, you can be confident that your lawyers have decades of combined experience, a proven track record, and a commitment to justice. We fight for our clients and pride ourselves on building trust and transparent communication. 

If the case goes to trial

The majority of personal injury cases settle before the case goes to court. Coming to a settlement agreement ensures a faster and cheaper resolution without the risk of an unfavorable ruling. Cases that go to trial come with additional challenges and unpredictable outcomes.

However, despite the advantages that come with settling out of court, sometimes it becomes necessary to go to trial. While ultimately the client will decide how far to pursue the case, an experienced attorney will be able to provide guidance based on the specific details of the case. 

Avoid Common Mistakes That Can Undermine Your Case

Be cautious of some common mistakes that can undermine your case and limit your chances of recovering full compensation:

• Recorded statements: The insurance company may try to record you saying something that seems innocent but can undermine your case in the future. Avoid statements such as saying that you’re “fine” or “sorry.” These statements can be used against you, alleging that you aren’t as injured as you claim or that you are to blame for the crash.
• Social media content: In this modern day and age, social media content is often looked at to disprove or discredit injury victims. If you claim that your injuries prevent you from doing certain activities, but social media posts show you doing these activities, this undermines your case and can affect your credibility. 
• Premature settlement offers: A common tactic insurance companies use is to give a settlement offer early in the case, pressuring the victim to take it when he or she is desperate and financially struggling as a result of his or her injuries. These premature offers are often way less than the injury victim is entitled to and are a pressure tactic to make a person settle before the amount owed is fully evaluated. 
• Thinking you have a lot of time: In general, a person has 3 years to file a lawsuit after being injured in a car accident. At first glance, this may seem like a long time, and it can be tempting to put legalities off, especially when there are so many other concerns in the aftermath of an injury. However, building a strong case and negotiating with the insurance company can take longer than expected, leaving little time to file a lawsuit before the deadline. Consulting a personal injury law firm as soon as possible after an accident can increase your chances of a successful case. 

Trust Sweeney Merrigan With Your Car Accident Lawsuit

Winning a car accident lawsuit is challenging, but it becomes easier when you have an experienced legal team on your side. We understand that it can be overwhelming to handle the complexities of an injury case, especially when you should be focusing on your health and family. 

With over a century of combined experience representing the interests of our clients, we understand the intricacies of personal injury law and want to put our knowledge to work for you, too. 

We can review your potential case and answer your questions about your options and next steps. Call us anytime or contact us online for a free consultation.