There are many ways through which you can be injured. Car accidents are the most common kind of personal injuries currently. Regardless of how much experience you have as a driver, you can never completely avoid the inevitable. Accidents happen every time. They happen on the road, at work, in the streets, and even on residential or commercial property.
Most of the time, they take place because someone has neglected their duty of care, getting you caught up in the menace. In case you are a victim, you need to know what to do to increase your chances of being compensated through personal injury law. Here are a few tips to follow to get better than fair chances of winning a personal injury case.
1. Seek Medical Attention
The first thing you should do after an accident is seeking medical attention. This is the only way you will prove that you were injured during the accident. After visiting the doctor, they will write down a report about your condition, which comes in handy during your lawsuit. Failing to seek treatment can be termed as a lack of severity in your injuries. If the defendant has a good lawyer, they can easily use this to bargain for a reduction in the amount they were to compensate you with. Therefore, if you want to make sure you are compensated, seek medical treatment regardless of how minor your injuries might seem or feel at that time.
2. Get an Experienced Lawyer
Winning a case requires someone who is experienced enough and knows all the loopholes to win the specific case. To ensure you stand a chance of winning the case, be sure to work with top rated personal injury lawyers who are experienced and have a track record of winning these kinds of lawsuits. A competent lawyer will always have your needs in mind and best interests at heart.
Ask for statistics about the personal injuries they have handled in the past. This helps you make sure you are hiring a qualified person to represent you. If you are making an online search for a lawyer, get one who has displayed the cases they have won over the years. A confident lawyer isn’t shy to show off to the world what they have accomplished in their line of work. The more competent your lawyer is, the more likely you are to win your case.
3. Act Fast
One thing that even your attorney will advise you is that the faster you are in filing your injury case, the more likely you are to win and get compensated. There is a wide range of time frames in which one is allowed to file for a personal injury claim. Most of the time ranges are from one to six years. This might seem like a lot of time but actually, it is very minimal.
The legal process is quite lengthy and at times, you might find yourself lacking enough time to gather all that is needed and file for the claim. At the same time, giving your injuries time to heal gradually could dilute your evidence for the injuries you sustained. As soon as you are healthy enough to file the claim, do so without hesitation, of course with the help of your lawyer.
4. Set up Your Claim
After you have done all the above, you need to take time to set your claim. Your attorney should be the one to guide you on what to do. You will have to inform the person liable for the injuries of your intention to file a lawsuit. Your lawyer will most probably inform you that you can contact their insurance provider.
Out of court negotiation
Well, the main aim of informing the defendant of your intentions is to try and quicken the settlement of the claim. The legal process can be costly for both you and especially the defendant if you win. If you have a strong ground, the defendant might find it wise to try and settle the claim without going to court. Your attorney will help you negotiate for compensation that is worth your injuries. If you do not agree, then you need to get ready to go to court.
This is where you now need to gather evidence showing that the defendant owed you a right of care, which they violated, and caused the accident that left you injured. Gather all the information that will be needed and have the evidence for presentation in court. This information may include invoices and medical records. Make sure you know the full extent of the costs of treatment and the estimates of the damage done on your property. This information will be essential in determining the right compensation amount for you. That is why you need to have a lawyer right from the start so they can advise you on the steps you need to take so you have all the requirements in case you decide to file a lawsuit.
5. File the Lawsuit
If your attempt to settle the case without going to court fails, you will have to use the legal process to get your compensation. After you have gathered all the information that is required, you now have to file your claim in a court of law. The process is very simple with the guidance of an experienced accident attorney or a personal injury lawyer.
The process kicks off by filing the complaint with the court. This includes the compensation you are seeking. A day will be set for the hearing where you and the defendant will exchange information testifying under oath. In most cases, the case is closed before going to trial. If the case reaches trial, the jury will weigh the facts and evidence presented to the court and determine which of them are credible. If your claim is credible based on the evidence presented, the court will either approve your compensation request or give you what they deem fit. Make sure you include your lawyer every step of the way to increase your chances of winning the case.
We value our well-being more than most things in life. However, you never know when the inevitable happens. Sometimes it is entirely an accident but other times, we are injured because of the negligence or carelessness of someone else. In that case, you need to know what to do to get compensated for your injuries and the damage done to your personal property. If you follow the steps in this piece, you are better poised to win your personal injury claim in court.