Open And Shut Cases: How Your Lawyer Determines If You Can Win

Do you have an "open and shut" legal case? That depends on several factors as well as the type of case it is. Accident and personal injury cases are perhaps some of the easiest to win, but again, it depends on a number of factors. Here is how your lawyer determines if you can win your case, and whether or not it really is an open and shut case.

Irrefutable Evidence

Evidence that can in no way be interpreted another way or misconstrued is irrefutable evidence. It clearly shows what transgressed, making it impossible for judge and/or jury to argue it any other way. If you bring irrefutable proof of your claim to your lawyer, it may even be settled out of court in a matter of days, rather than having to wait for a court hearing. The most irrefutable forms of evidence are videos and/or voice recordings.

Witnesses Galore

One or two witnesses is great for any case, but if you have more witnesses than you can count on both hands, bravo! If all of the witnesses' stories are essentially the same, there is no way your claim can be ignored or your case dismissed. It is just a matter of getting enough witnesses to willingly testify on your behalf, preferably not by force and definitely in person. Sworn affidavits rarely account for much anymore, even if they are presented by a lawyer. If you can produce that many witnesses, the judge wants to see and hear them personally.

Nothing Circumstantial

Circumstantial evidence creates reasonable doubt. Lawyers do not like reasonable doubt as it is difficult to navigate around it and redirect judges and juries in the directions you want your case to go. If you bring an airtight case to your lawyer with zero circumstantial evidence, that is a dream case to win for any lawyer.

Clean Hands Principle

Going to court, you should always abide by the "clean hands" principle. This means that you are appearing in court with no lies, no proverbial dirt on your hands, and no skeletons in your closet that would otherwise discredit you in court. If you have anything that might be discovered and used against you, now is the time to tell your lawyer. Full disclosure before going into your hearing means that your lawyer can prepare in advance in case the issue comes up and it needs to be put to bed so you can win your case. If all of the above applies to your case, then other little issues may have little to no impact on the outcome of your case.