A personal injury lawsuit begins with filing a complaint, which outlines your injuries and how the defendant is responsible. You must also serve the defendant with a copy of this document.
It’s critical to gather evidence such as photographs, witness statements, and records of medical treatments and expenses. An attorney can help guide you through this process and ensure that your case is strong.
1. Know Your Rights
The first step to getting the compensation you deserve is understanding your rights. This can help you avoid common mistakes that can harm your legal case.
Seek immediate medical attention – Even if your injuries appear minor, it is crucial to get checked out. This not only ensures that you are treated properly but also provides vital medical records that can support your claim. Medical records that connect your injuries to the incident will be key evidence in proving liability and damages.
Take thorough notes and photographs – Memory can fade over time, so it is important to document the scene of the accident as thoroughly as possible. This includes the time, weather conditions, and the names of any witnesses. It is also helpful to note any other details you recall, such as the condition of any hazards that existed at the location or the amount of property damage.
Obtain and safeguard relevant financial information – If your injury has left you with lost wages or other significant changes to your finances, it will be necessary to present clear documentation of those losses. Pay stubs and other employment records provide a tangible measure of pre- and post-accident earnings, while tax returns can establish the basis for calculating other types of loss. Your attorney can also employ legal strategies to protect non-pertinent financial information from being disclosed.
2. Gather Evidence
The strength of your personal injury claim depends heavily on the quality and quantity of evidence you can provide. The most effective personal injury evidence includes photographs of the accident scene and your injuries, witness statements, and receipts of out-of-pocket expenses related to the incident.
Physical Evidence
Take photos of the accident scene, your injuries, and any property damage. Make sure that your images have a time stamp that shows when they were taken to establish their authenticity.
Medical Records
Detailed medical documentation is essential in most personal injury claims and can help demonstrate the full impact of an accident-related injury on your life. Be sure to save any medical bills and invoices that you receive for treatment, as well as receipts for any out-of-pocket expenses like transportation costs or accommodations.
Witness Statements
Obtain statements from any independent third parties who observed the incident to corroborate your account of what happened and add credibility to your claim. This is particularly important in cases involving collisions or falls, as unbiased accounts from witnesses can strengthen your case.
Documentation of lost wages is also important, as compensation can cover the difference between what you were earning before your injury and what you are earning now. If you worked for rideshare or delivery companies before your accident, be sure to keep any pay stubs that you received during that period. Additionally, demonstrative evidence such as diagrams and charts can help convey the facts of an accident more compellingly.
3. Avoid Common Pitfalls
If you’ve been hurt in an accident, the path to receiving fair compensation is often confusing and riddled with obstacles. There are a variety of common mistakes that people make when filing personal injury claims, some of which can be fatal to their cases.
For example, avoiding immediate medical attention is one of the most serious mistakes injured people can make. Even if your pain is minor at first, getting a prompt evaluation helps establish a clear causal link between the accident and your injuries. Delayed treatment can also give insurance companies grounds to argue that your injuries are not severe.
Another mistake people often make is not keeping thorough and detailed records of their accidents, injuries, and subsequent treatments. Failure to maintain this evidence makes it difficult for attorneys to demonstrate how the incident affected you and your quality of life.
Finally, discussing your case or accident publicly on social media is often damaging. Even seemingly harmless photos and check-ins can be twisted by insurance companies and defense lawyers to undermine your claim.
Another mistake that can kill a personal injury claim is failing to file legal documents by the statute of limitations deadline. This can result in lost rights, reduced settlements, or outright denials. Lastly, it’s important to refrain from providing recorded statements or accepting any settlement offers without first seeking legal advice.
4. Consult an Attorney
An attorney can help you navigate the complexities of personal injury claims, including settlement negotiations or even a trial. They can provide legal advice, interpret important legal implications, and build a strong case based on evidence, including medical reports, witness accounts, and insurance company documents.
An experienced personal injury attorney can also guide you through the steps of proving negligence. Generally, negligence is defined as the failure to act responsibly or breach a duty of care to another person. However, it can be difficult for claimants to prove that someone else’s negligent actions directly caused their injury. An attorney can help ensure all relevant parties are held accountable.
An attorney will often send a formal demand letter to the at-fault party or their insurance company. The letter will outline your injuries, supporting evidence, and the amount of compensation you seek. This typically kicks off the negotiation process. Accurately calculating damages is an essential part of any personal injury claim, including both economic and non-economic damages like current and projected medical bills, lost wages, and pain and suffering. Documentation of your injuries from physicians, a copy of the accident report, and any dashcam footage, and financial records such as previous pay stubs and tax documents are all crucial. You can also acquire documentation from mental health professionals to prove the emotional stress you’ve suffered as a result of the incident.