Here’s What Really Matters in Personal Injury Cases

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Written by: Benton Accident & Injury Lawyers Last Updated : May 1, 2024

It’s estimated that there are over 30.8 million emergency room visits for unintended injuries in the country every year. That’s a lot of harm, and also a lot of potential personal injury cases.

Everyone seems to have a different view of what matters the most in personal injury cases.

There is no universal answer on what’s guaranteed to help you win or lose a case, but there isn’t much debate around what matters the most in these cases.

Are you curious what matters in a personal injury case? Read on to find out.

What Matters In Personal Injury Cases

It’s important to note that anyone involved in a personal injury lawsuit should seek out legal representation immediately. We can give you good advice, but you’ll need a lawyer to help you prepare your case.

Every personal injury case is different, and there are a lot of factors that can determine whether you’ll walk out with a win or loss.

Regardless of how you got injured, know that these factors are some of the most important influences on the outcome of your case.


It’s very rare for personal injury claims to be one party’s fault. Unless there are very special circumstances, the judge will determine some split in responsibility.

As an example, let’s say that you sustain a workplace injury. If the injury occurred because your workplace didn’t have adequate safety measures in place, more of the fault would lie with them.

Now let’s say that a lack of safety measures played a role, but that you were intoxicated when injured. The workplace may not have been safe, but your intoxication can make the judge place more blame on you.

If it’s determined that the claimant is more responsible than the defendant, you shouldn’t expect to win the case.

It’s important to note that the amount of responsibility matters in the case. Being held 60% responsible or 80% responsible could affect the amount of money awarded.


We mentioned the importance of having a lawyer represent you regardless of what side you’re on in the case. If you don’t think you need a proper lawyer, you will after you read this section.

If you think about it, every personal injury claim and court case is one long bureaucratic process. There is paperwork to file with involved parties and a variety of clerks, lawyers, and judges have to look over it.

Your case isn’t going to be a dramatic court battle. More likely than not, it’ll be one long negotiation.

You’ll need someone that understands everything involved in the legal process to make sure that you file the correct paperwork.

Signing paperwork you don’t understand can be disastrous for your case. You could sign something that waves your right to future claims, admits to certain wrongdoing, or a smaller or worse settlement.

You’ll need a lawyer that has experience dealing with the legal system. Remember, a lawyer is your legal advocate and wants what’s best for you. They’re on your side and can devote the needed time to your case.


When you’re dealing with a personal injury case it’s important to be as thorough as possible when it comes to documentation.

Regardless of what occurred, the first step any injured party should take is to file a report with the police.

A report may seem extreme, but getting them involved as soon as possible can help your case. It also lets you create an official record of the incident from a very trusted and credible source.

When involved in an accident, be sure to get a report from your insurance company. Insurance companies are a credible source in court, and they’re known to take extensive notes.

You should also consider keeping a journal so you can accurately document your own experiences and feelings.

Keeping a written record of how you’ve been living your life after your injury can help your case. Showing the judge that you had to miss important family events or are in extreme pain can help your case.

Social Media

Social platforms like Twitter, Instagram, and Facebook have changed the way people live their lives. It has also caused a surprising amount of legal issues for people going through personal injury cases.

How hurt can you be if you post pictures of you on vacation? Could you have experienced emotional trauma if you post smiling selfies?

If you’re going through a personal injury case, it’s time to put your social media on lockdown. Refrain from making a lot of posts and ask friends and family to stop tagging you.

Opposing lawyers can use anything against you. A sweet birthday post about your nephew’s birthday could be evidence that your injuries aren’t as bad as you claimed they were since you attended a party.

Next Steps

Now that you know what matters in personal injury cases, it’s time to get you what matters: a good lawyer.

Regardless of what personal injury claims you’re facing, we’re ready to help. Contact us today so we can talk about the best way to handle your case.

And remember, we have a lot of helpful content on our website. Browse our blog so you can educate yourself and prepare for your case.

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