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February 13, 2018

Dan DeKoter – Key Elements of Your Lawsuit in a Personal Injury Case

Understanding the elements involved when you have a personal injury lawsuit can get you a better outcome. If for example you are stopped in your car at a light in Osceola County Iowa, and you get rammed into by another vehicle. You later find out that both of you are residents of the county. It seems like a simple right and wrong case. But, quite often it is not as simple as right and wrong, there are also the details that proceeded things, the person’s state of mind, and the evidence available to confirm what in fact occurred. These factors can greatly determine cause and what you might be awarded.

Throughout any legal case, the process is complicated, detailed and requires a really competent attorney like Dan DeKoter to quarterback things. What always determines a positive outcome is understanding the legal elements and coordination between you and your attorney to work those elements in your favor.

With this in mind, here are a few of the really important elements that will likely need to be focused on regarding your case.

Gather Critical Evidence

In every legal case there is evidence that must be gathered to support claims being made. So, your lawyer will work with you to acquire the necessary amount of physical and other evidence of what happened, why the other person was at fault, and which injuries both physical and otherwise were sustained. Tis evidence can be recorded in pictures, writings, a police report, and testimonies from witnesses who were at the scene of the accident.

A good lawyer will also decide if it is proper to file other lawsuits in addition to the one against the individual. Was he working at the time he ran into you? Perhaps he was a driver who was overworked and fell asleep behind the wheel. In this case, the company he works for may be at fault as well. The evidence will reveal these facts. What is important about gathering evidence is that it is complete and conducted quickly so it remains fresh and that it is included in any case at the beginning.

Work Within the Legal System

Personal injury is a legal classification of a case and must fit within the legal guidelines that have been established in the state where it occurred. Many good cases are lost or not receiving of the maximum benefit available simply because the attorneys did not follow proper legal procedures. As a result important steps or activities are missed. If the other sides sees this happening, they will know that your case is weakened as a result. Remember, most personal injury cases get settled before they go to trial. This is because the defendant realizes that the plaintiff has a good legal case and will win a bigger judgment in court. So all of the information relating to the case along with proper procedures can awake a big difference in a case and cause it to be ended early, via settlement.

Be Ready to Negotiate

As mentioned, most personal injury cases end in a settlement between the parties. This is because both sides know that juries can be tricky and there is no real assurances of the outcome in a jury trial. Therefore both side’s attorney will try and reach a settlement before going to court. For this reason a plaintiff needs to understand the parameters of a settlement and that it will likely mean that the defendant will pay less than what is being asked. A good attorney will tell the plaintiff that this is as good as it will get when he is sure they have reached the best possible settlement. But to be clear, the outcome of a settlement, will largely depend on your side’s ability to prove injury and losses, and the attorney’s skill at negotiation. The better attorneys can generally get more money for their clients.

Learn these factors about your personal injury case and things will have a better outcome for you.



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