How to Conduct Yourself While Testifying Part
The Factors that Affect Your Cases’ Value
The most important question that is posed in court is how strong your case is and whether the defendant was negligent in their actions. It doesn’t matter if your case is:
- An auto case
- A slip and fall case
- A product liability case
No matter what type of case you have, the strength of your case against the defendant depends greatly on the amount of negligence that the defendant is guilty of. If the defendant‘s liability is obvious then the amount of financial gain from your settlement can greatly increase.
If the liability of the defendant is difficult to prove, or the ability to prove the liability of the defendant is weak then your chances of winning the case could drop down to 50/50. It can also reduce the value of your case be reduced dramatically.
There are three basic levels that attorneys label a case as:
- 90% chance of winning
- 60% chance of winning
- 50% chance of winning
Comparative negligence is a term that refers to any role that you may have played into causing your own injury and whether you were negligent in any way. In some cases, jurors place some blame on the injured party if there is proof of any negligence. If the jurors believe that you were negligent in any way, it can greatly reduce the amount that you could recover from your injury or any damage that you have suffered.
What can become even worse is that some jurors can point the finger of negligence at the injured party simply because they were in the area where the accident happened, especially in the event of a car accident.
There have been many cases, especially when there have been accidents involving head on collisions where the defendant in the case crossed the center line and caused a rear-end collision when the plaintiff was waiting for a red light to turn green. In some of these cases, the jury ruled that there was some comparative negligence on the part of the plaintiff.
Degree of Negligence
If the degree of negligence approaches the degree of 50% liability of the defendant, it may be ruled by a jury as an unfortunate accident and the case can be lost completely at trial. If the comparative negligence is considered minimal, there really isn’t much to worry about.
In most cases, the adjuster from the insurance company may raise the concept of comparative negligence and rely more on the defendant’s version of the incident since it is their job to protect their client. This possibility is most likely in cases involving motorcycle accidents. However, any type of slip and fall accident will raise the possibility of comparative negligence.
To find more helpful information, we highly recommend visiting this attorney’s website.