Factors Affecting the Value of Your Case

Factors Affecting the Value of Your Case


Ultimately, your medical malpractice lawyer knows that the major question to answer is:  How strong is the evidence proving the defendant’s negligence?  In other words, is the defendant liable?  The type of case, whether a slip-and-fall case or automobile case, is irrelevant; what matters is the strength of your case proving that the defendant was negligent.

If crystal clear evidence proves the defendant’s liability, your settlement value increases correspondingly.  If the evidence proving liability is somewhat weak and the chance of winning your case is 50% or less, your settlement value significantly decreases.

Comparative Negligence

The role your own negligence had in the cause of your injuries is referred to as comparative negligence.  Your Charlotte medical malpractice attorney will advise you that recovery in your case will be reduced by any comparative negligence.  In fact, if you were negligent in any way, some jurors believe you should not recovery anything.

Sometimes comparative negligence is attributed to a plaintiff who was involved in an accident simply by being there, e.g., head-on collisions involving a defendant who crossed the center line, or rear-end collisions involving a plaintiff simply waiting for a red light.

Your case can be lost completely at trial if your negligence comes close to 50% of the defendant’s negligence.  If you have only slight comparative negligence, your attorney will advise that you need not worry too much.

Particularly in motorcycle cases, an insurance adjuster may solely use the defendant’s account of the accident to bring up comparative negligence.  In slip-and-fall cases, the subject of comparative negligence will almost always be raised.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling 877-BICE-877 or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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