BRIAN H. MALAMUD

One of the biggest factors is the client. A client who communicates openly, shares information promptly, and is honest throughout the process is invaluable. Strong physical evidence matters too — for any personal injury case, photos of the scene, vehicle damage, medical records, and other documentation all make a difference.

Even with an excellent case, success isn’t guaranteed. You can have all the evidence in the world, but if a jury doesn’t connect with the victim or believe their story, the outcome may not be what you hoped for. Personal injury cases are about both the evidence and the people presenting it.

Honesty is essential. When you file a car accident claim, insurance companies often monitor claimants after an accident, and it isn’t uncommon for them to conduct surveillance.

If someone claims they can’t perform certain activities but is later seen lifting weights at the gym or doing something that contradicts their injuries, it can seriously damage — or even destroy — their case. I always tell clients to be truthful about what they can and cannot do. Never exaggerate your injuries, but don’t minimize them either.

Every case is different, and the most important consideration is what’s in the client’s best interest. Ultimately that decision belongs to the client; my role is to guide them based on experience.

I weigh several factors: how well the client communicates, whether they’ll connect with a jury, the strength of the physical evidence, photos of the accident and property damage, medical records, and whether there were similar pre-existing conditions. Insurance coverage is another major factor — if there’s very little coverage available, it may not make financial sense to spend the time and expense of trial. Litigation demands real resources, so every decision has to be strategic. In the end, time is money.

The types of evidence that persuade juries haven’t changed much, but the way we gather it certainly has as technology advances.

Technology has made investigations much more effective. Google Maps lets us examine accident scenes remotely, and businesses increasingly have surveillance systems that capture incidents in remarkable detail. In one case, a client slipped on fruit in a supermarket, and the store’s footage clearly showed tiny pieces of fruit on the floor — compelling evidence that might not have existed years ago.

We never know exactly how insurers value a claim, but many rely heavily on computer systems and, increasingly, artificial intelligence. These systems analyze thousands — even millions — of prior claims to estimate case values.

A jury is completely different. Jurors bring their own life experience, judgment, and humanity into the courtroom and evaluate the evidence as people, not algorithms. After 26 years of practice, I have a good sense of what your case is worth, but a jury trial always carries uncertainty. Sometimes that risk is worth taking; other times it’s better to accept a fair settlement rather than gamble on an unpredictable outcome.

When I first speak with a prospective client, I want to understand three things: how the accident happened, what injuries they sustained, and how significantly those injuries have affected their day-to-day life.

Many people don’t realize that pursuing a claim takes time and commitment — medical appointments, treatment, insurance requirements, and the legal process can all be demanding. In some cases, particularly where coverage is very limited, it may not be economically worthwhile to miss work and spend months pursuing a claim. Every situation is different, which is why it’s important to discuss your circumstances with an attorney before deciding.

Technology has transformed how we investigate. I frequently use online resources to locate and contact witnesses and defendants and to find important information. Google Maps and other digital tools help us understand accident scenes without immediately visiting in person.

While technology has made gathering evidence easier, it hasn’t changed the legal standards we must meet in court. Success still depends on understanding the rules of evidence and applying them effectively — and those rules keep evolving, which makes ongoing legal education and experience as important as ever.

One of the biggest misconceptions is that it’s easy to file a lawsuit and receive a large settlement. People hear about “runaway juries” and assume the system favors injured plaintiffs.

In reality, there are numerous safeguards designed to eliminate unsupported or fraudulent claims. In my 26 years of practice, I’ve seen many genuinely injured people face significant legal hurdles because the law places a high burden on proving a case. The truth is that it’s incredibly difficult to assign a dollar value to someone’s pain and suffering — every injury affects people differently, and the system can only do its best to provide fair compensation.

Some cases stay with you forever. There are moments when you’re able to secure life-changing compensation for someone who has truly suffered — someone who endured multiple surgeries, lost their job, fell behind on rent, or faced overwhelming hardship because of an accident.

Being able to help that person rebuild their life is one of the most rewarding parts of this profession. Looking back over my career, helping people during some of the most difficult moments of their lives has been the greatest privilege and the greatest joy of being a personal injury attorney.