A personal injury claim is a lawsuit you present to the court when you get injured due to another party’s negligence or ignorance. It includes all damage done to your body, reputation, and emotions.
Injuries are among the most common misfortunes you may fall victim to from just about anywhere. It could be your place of work, on the road, or even in the comfort of your home.
The good news is that you can file a personal injury claim to get compensation. However, you must provide evidence that someone else is liable for the injuries you sustain. If you’re wondering how to win a personal injury claim, here are four tips and strategies:
1. Understand Personal Injury Claims
The first step to winning a personal injury claim is understanding the different types and how it works. Knowing the various personal injury claims will help you explore all your legal rights depending on the injury type and the damage’s extent.
When unsure if the grounds for filing the claim will hold, ask a personal injury lawyer for help. They’re more familiar with the legal procedures and will help you exploit all your legal options and maximize your compensation.
Some of the most common personal injury claim cases include the following:
- Slip And Fall: You can file for a slip-and-fall claim if you get into an accident on someone’s property due to poor lighting, missing and broken steps, slippery floors, or missing handrails. However, you must prove that the owner or the property manager was well aware of the dangerous condition and chose to ignore it.
- Defective Products: You can file a defective product claim when you get sick or injured when you consume or use an imperfect commodity. It could be due to faulty design or manufacturing or vague instructions on using it. Whatever the cause, you must prove that the product was dangerous to a court of law to win the claim.
For instance, you can file a defective claim if you get acne or skin diseases from using a skin care product the manufacturer claims have no side effects. Or when a tire flies off your car when driving due to faulty manufacturing and design.
- Car Accidents: Research shows that about 3 million people die from car accidents, with about 20–50 million sustaining injuries. These numbers show car accidents are among the most common causes of personal injury claims.
Many car accidents result from careless driving by one or both parties involved. If you want to file a car accident claim, you must prove that the other driver was negligent. For instance, the party could have been overspeeding or speaking on the phone while driving.
These are some of the typical personal injury claims. You can also file for worker’s compensation if you get into an injury in your place of work. Like the ones discussed above, you must prove the other party’s negligence in all cases to settle.
2. Seek Medical Attention
You should take pictures of the injuries to document your evidence and seek immediate medical attention. Some vital injuries, such as concussions, brain blood clots, and whiplash, may not be apparent immediately and may risk your overall health.
Request a copy of the doctor’s report on your condition, physical therapy recommendations, and any treatment plans. It’ll act as evidence when presenting your case. It’ll also show that the injury was severe and threatened your well-being.
Remember that personal injury cases may take a while. If you overlook this tip, you may be unable to prove the damage you suffered later. Private health insurance can be beneficial in such situations, as it can cover the costs of your medical treatment, consultations, and rehabilitation services after an accident, relieving you of financial stress while your personal injury claim is being processed.
3. Gather Evidence
You must prove the defendant is guilty of negligence to win the claim. Therefore, ensure you collect every minor detail about the case, such as the date and time of the accident. Take note of everything that happened in the event of the accident when the details are still fresh in your mind.
Consider taking pictures of the accident site immediately after the accident before anyone alters the scene. Also, consider looking for witnesses who may have seen the whole ordeal and are willing to testify on your behalf.
You should note that time is of the essence. You’d want to collect as much evidence as possible to help get the best settlement amount. Still, you’d also like to observe the statute of limitations. Your window to file a personal injury claim varies from state to state. It begins when you get injured, and it would be best to hire an attorney immediately to start the process.
4. Do Not Discuss The Case
It’s crucial to refrain from discussing the case with anyone, especially the other party’s insurance company. They’re cunning and may put you in the spotlight where you may say or do something that may jeopardize your lawsuit. Their aim isn’t to watch out for your wellness. Instead, it’s to reduce the amount of the compensation as much as possible.
It’s also wise to avoid social media as much as you can. Many people share their misfortunes on those platforms, which may tempt you to share yours. Sharing is okay. However, you may give too many details, some of which may contradict your previous statement.
Conclusion
Filing a personal injury claim can be challenging, especially when you know little about lawsuits. For one, you’ll need to understand the type of personal injury suit to file and each case’s legal procedures. However, with the help of a qualified attorney, you can gather enough evidence to help you build a solid case, exploit your legal options, and get maximum compensation for the accident.