People who file personal injury lawsuits often want to know their chances of success. The odds of winning a personal injury case in Anchorage depend on several factors, including evidence, the severity of injuries, the strength of witness testimony, and how clearly the other party’s fault can be proven.
Understanding the elements that affect the value of your case can be helpful. Keep reading to learn more.
How Personal Injury Cases Are Won
To win a personal injury lawsuit, the injured person must typically show that the defendant was negligent.
Negligence has four elements:
- The defendant owed a duty of care to the plaintiff.
- The defendant breached that duty.
- The breach caused the accident.
- The victim suffered damages.
All four elements must be proven for a negligence-based claim. Strong evidence is a major factor in Alaska cases because courts require proof that connects the defendant’s actions to the injury.
The Strength of Your Evidence
Evidence is one of the most significant predictors of whether a personal injury lawsuit will be successful.
Helpful forms of evidence include:
- Photos and videos of the accident scene
- Police reports
- Medical records
- Expert testimony
- Witness statements
- Accident reconstruction findings
- Insurance documents
The more detailed and consistent the evidence is, the easier it becomes to show what happened and why the other party is responsible.
How Alaska’s Pure Comparative Fault Rule Affects Your Chances of Winning
Alaska follows a pure comparative fault system. Under this rule, you can still recover damages even if you are primarily at fault. Under this rule, your compensation is only reduced by the percentage of responsibility you hold for the accident. You are not barred from recovery unless the jury finds that the defendant is entirely without fault.
The Severity of Your Injuries
Severe injuries usually increase the odds of winning a lawsuit because they are easier to document. Examples include:
- Broken bones
- Traumatic brain injuries
- Organ damage
- Spinal cord injuries
- Permanent disability
Serious injuries create a clear medical record, which includes imaging scans, hospital documentation, and notes from specialists. Minor injuries can still support a lawsuit, but insurance companies often challenge them more aggressively.
The Behavior of the Insurance Company
Insurance companies often fight hard to avoid paying large settlements. Their tactics may include:
- Downplaying your injuries
- Arguing that your treatment was unnecessary
- Claiming you were at fault
- Offering lowball settlements
- Delaying the process
If the insurer is especially aggressive, the odds of settling may decrease. Still, the odds of winning at trial may increase if your evidence is strong and the insurer’s conduct appears unreasonable.
Whether Your Case Goes to Trial
Most personal injury cases settle. When cases proceed to trial, the outcome hinges on:
- Jury perception
- Credibility of witnesses
- Consistency of medical records
- Strength of expert testimony
- How clearly fault can be shown
Trials are less predictable, but strong evidence and credible testimony usually increase the chance of winning.
Common Factors That Can Negatively Affect the Outcome
Certain issues can make a personal injury case harder to win, such as:
- Delays in seeking medical treatment
- Gaps in medical care
- Conflicting statements
- Lack of documentation
- Lack of eyewitness testimony
- Preexisting conditions
Insurance companies often use these factors to argue against paying full compensation.
Contact Farnsworth & Vance Personal Injury Lawyers for a Free Consultation With an Anchorage Personal Injury Lawyer
If you were hurt in an accident caused by someone else’s negligence, you shouldn’t have to navigate the legal system alone. The experienced Anchorage personal injury lawyers at Farnsworth & Vance Personal Injury Lawyers can help you understand your legal options and fight for the compensation you deserve.
For more information, contact us today to schedule a free consultation.
For more information, please contact Farnsworth & Vance Personal Injury Lawyers to schedule a free consultation. We have two locations in Alaska, including Anchorage and Eagle River.
Farnsworth & Vance Personal Injury Lawyers – Anchorage
2525 Gambell St #410,
Anchorage, AK 99503
(907) 290-8980
Farnsworth & Vance Personal Injury Lawyers – Eagle River
13135 Old Glenn Hwy, Suite 101
Eagle River, AK 99577
(907) 802-4097
