Personal Injury Lawyer Virginia Beach

Getting injured due to someone else’s carelessness turns your life upside down. Suddenly, you have to deal with medical bills, lost income, and many unexpected expenses that can leave you asking, “How am I going to pay for all this?” It’s natural to want to be made whole again and to make sure that whoever is responsible is held accountable for their negligence.

It is crucial to understand the strengths and weaknesses of your personal injury claim to appropriately value what you may be entitled to. To best understand the value of your claim, you should contact our Virginia Beach personal injury attorneys for guidance. At Shapiro, Washburn, & Sharp, we know how to value a case and help you through the challenges of seeing it through. Call us at 833-997-1774 for a free consultation.

What Makes a Strong or Weak Personal Injury Case?

Insurance companies value each case using certain key criteria like how severe your injury is, how much evidence you have, how clearly the evidence points to the negligent party, and how credible your witnesses are. A strong case provides clear evidence of who was at fault and the injuries sustained. A weaker case may lack critical evidence as to fault, raise questions about whether you were at least partially at fault for the accident, or involve uncertain damages.

Factors that Weaken a Personal Injury Case

So, what factors diminish the value of your personal injury claim? We discuss some of the most common ones below.

1. Unclear Facts or Story

The facts surrounding your accident may be unclear. You say that the other driver hit you, but perhaps a witness says otherwise, or the police report cites you as at fault. Maybe you did not call the police, and there is no police report. Maybe no one saw the accident, so there are no eyewitness statements, and it is a classic “he-said-she-said.”

These types of gaps in evidence can allow the opposing party to challenge your version of the events.

2. Impatience During the Process

Personal injury cases can take months or even years to resolve. If you are struggling to manage your expenses, it can potentially push you to want to settle early, which can result in you accepting far less than your case is worth.

Insurance companies may take advantage if you seem too eager to resolve the matter quickly, presenting a lowball settlement offer. Your personal injury attorney can help guide you on dealing with your expenses until you can secure a fair settlement.

3. Ignoring the Doctor’s Advice or Treatment Plan

If you don’t follow your doctor’s advice and treatment plan to the letter, that can be a major red flag for insurance companies and courts. Missing appointments, discontinuing prescribed treatments, or failing to document your recovery can make it look like your injuries are not as severe as you said they were. This can weaken your credibility and reduce your compensation.

4. Appearing Untruthful

Honesty is crucial in personal injury cases. You may damage your case if you exaggerate your injuries, tell an inconsistent story, or fail to reveal pre-existing injuries to your lawyer. Insurance companies, courts, and jurors tend to distrust claimants who appear to hide information or misrepresent facts, even if the core of their claim is valid.

5. Extent of Health Insurance Liens

Health insurance liens exist because your insurance provider typically pays for medical care upfront after an accident. However, suppose you pursue a personal injury claim and later receive a settlement or court award that includes compensation for medical expenses. In that case, your insurer can be reimbursed for what was paid on your behalf.

These liens can significantly affect the amount of compensation you can receive. Your personal injury attorney can work to minimize lien amounts and try to negotiate with the insurance company to ensure your take-home portion is as fair as possible.

6. Social Media Activity

Social media can hurt you in personal injury cases. The other side may use posts or photos that contradict what you said about your injury to undermine your case. For instance, if you’re claiming severe back pain but post pictures of yourself hiking or skiing, it can raise questions about how honest you are.

Factors that Strengthen a Personal Injury Case

Fortunately, certain factors strengthen your personal injury claim.

1. Severity of the Incident

A serious accident with clear evidence of negligence strengthens your case. If you were in a car crash caused by a drunk driver, for example, you may have substantial proof of recklessness on the driver’s side. The more egregious the negligence, the harder it is for the opposing party to dispute liability.

On the other hand, if you’re in a minor fender bender and suffered only minimal injuries—and you have limited documentation of your damages—that would result in a weaker case. The other side could argue that your injuries are exaggerated or unrelated, making it more difficult to secure a substantial settlement.

2. Extent of Injuries and Medical Bills

High medical expenses provide clear evidence of how severe your injuries are. If your doctor writes up a complex treatment plan, that can also demonstrate the physical toll of your injuries. Detailed medical records, itemized bills, and reliable expert testimony about your recovery needs contribute to a stronger case.

3. Length and Difficulty of Recovery

If you suffered from a severe injury in the accident, you may need months or even years to recover. Maybe you have to have specialized treatments, too—which shows how great an impact the injury has had on your life. Chronic pain, physical therapy, or a challenging rehabilitation process can all show just how serious your condition is.

4. Permanency of Injuries

Some accidents can leave you with permanent injuries. Examples include disfigurement, paralysis, or a traumatic brain injury. These can reduce your earning capacity and are significant factors in evaluating damages. Permanent injuries often lead to higher compensation because they create a lasting impact on the quality of your life.

5. Clear and Consistent Facts

Your attorney can build a strong case using clear evidence. He or she will scout out the police report, photographs of the scene, video footage of the incident, eyewitness statements, and more to support your version of the story and make it harder for the other side to dispute liability.

6. Credible and Authentic Claimants and Witnesses

Your demeanor and testimony and those of supporting witnesses are important in building trust with the court or jury. As long as you appear truthful and your witness accounts make sense, your argument will likely be more persuasive.

7. Expert Testimony

Medical professionals, vocational specialists, and the like are considered experts who can provide factual and objective insights that strengthen your case. Particularly if the accident is complex or there are questions regarding the severity of your injury, these individuals can add an air of authority to the case, making your arguments more compelling.

8. Minimal Contributory Negligence

In many states—including Virginia—if you were even a little bit at fault for the accident, that can reduce or eliminate your ability to recover damages. The clearer it is that you bear no responsibility, the stronger your case will be.

How Can A Personal Injury Attorney Help?

Your best option for creating a strong, persuasive case is to contact our experienced personal injury attorneys today. We can assess your claim’s strengths and weaknesses and provide honest advice on your best course of action. We can also help collect and organize critical evidence to ensure your case is as well-documented as possible and help you avoid common pitfalls that could weaken your case.

At Shapiro, Washburn, & Sharp, we will fight to protect your rights and secure the compensation you deserve, as we did for this victim of a large truck collision. We negotiated a $975,000 settlement in his favor.

You can contact us in Virginia Beach, Hampton, Norfolk, Chesapeake, Portsmouth, Suffolk, and Kitty Hawk, North Carolina.

What Affects the Strength of Your Personal Injury Case?