A possibility of being injured in any way due to someone’s negligence is always frightening. If this does happen to you, it is of utmost importance to know that you have legal rights and can ask for compensation. You can file a lawsuit that is called a personal injury case.
However, just like with any other type of lawsuit, there are multiple things that you have to know and do to increase your chances of winning a case. Naturally, you will be introduced to these by your lawyer, but still, in this article, we are going to describe some of them.
Contents
Preserve evidence
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We are going to start with these because they are the most important thing in any lawsuit. After all, you have to prove that you were injured and that the other party was responsible for that. In addition, the jury is going to make their decision based on all the evidence, so you have to ensure that you document everything.
Firstly, you should write everything down and include as many details as you can. This is something that should be done immediately, while everything is still fresh in your mind. Document all the circumstances that led to the event, if a third person was present, and how the other party acted upon causing the accident.
Furthermore, you should photograph the place where the accident occurred and also document your injuries. Clearly, if you need to seek immediate medical help, taking photos of the injuries is something that can be done in a hospital. If this is not the case, you should take photos of your surroundings without disturbing anything.
After the evidence is collected, make sure you use it the right way so that it doesn’t hurt the claim. Usually, insurance companies ask tricky questions and use provided information against you to avoid paying damages. It would be beneficial for you to reach out to a skilled injury attorney first, who will give you legal advice and guidance. Attorneys with an appropriate experience level will help you gather relevant information and evidence to build a strong case for you. They can negotiate a fair settlement and fight for the maximum compensation for you. Check out Slater&Zurz to learn what you should expect when meeting a personal injury attorney.
See a doctor
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This is another thing that has to be done regardless of the severity of your injuries. Even if they are small, still you need a report from the doctor who confirms your claims. Besides, even though your injuries might not be obvious, a doctor will be able to assess your overall condition and decide if you need treatment.
If the physician prescribes you certain treatment, you have to carefully follow it. If they recommend bed rest, then stay home and rest. There is one important thing that you have to know – the defendant will be able to find out if you were instructed to follow certain treatment and whether you did it or not. As you can assume if you don’t oblige, it is something that the other party can use to their advantage and your compensation can be significantly reduced.
File the claim immediately
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You might not know this, but there is a statute of limitations. What does this mean? Well, simply put, you have a certain period of time after the accident occurs in which you have to file the lawsuit. If this time runs out, you will not be able to file the complaint, and therefore, get compensation. When it comes to this period, there are multiple things that affect it. The first one is obviously the type and severity of the injury and the second one includes the regulations of your state. In addition, you should know what some common claims are.
This is the main reason why you should do this as soon as possible, but also, keep in mind that all the evidence you are going to present has to be recent. Due to this reason, find and hire an attorney who is going to represent you and start building your case. When it comes to employing a lawyer, there are numerous things that you have to consider to be certain that you have made the right choice.
Do not settle for the first offer
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The most common mistake that people usually make is to accept the initial settlement from the insurance company. This offer can seem really generous at first which is why a lot of people accept it without thinking about it, but you have to know that it is not nearly as much as you should get. Also, once you accept it, your case is concluded and you cannot go back.
Because of this, you have to value your case. Once again, depending on the injury you might have to go to months or in some cases years of rehabilitation, or you might even be forced to retire early because you won’t be able to do your job anymore.
Whatever you do, try not to be smitten by that initial offer from the insurance company. Remember that it is their job to try to spend as little as they can, and that sum of money that they have offered you is probably insignificant in their world.
Explain why you should get more
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This is the next thing that you should do upon rejecting that offer. In order to be taken seriously and to get the highest compensation possible, you have to present your case i.e. explain why you should get more. This is when all those evidence and documents come in handy.
Present all of these to their other side and state why you deserve more money. Discuss all your injuries, the recovery, and how the whole situation has affected your life. Think of rehabilitation, bed rest, going back to work, etc. Plus, this act is going to show the other side not only that you are serious in your claims but also that you have a strong case.
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The last piece of advice we have for you is to use social media platforms as little as possible. Why? Well, surely you know that the other party is going to do a background check. However, this doesn’t mean that they are only going to investigate if you have a criminal record or if you have been charged with a misdemeanor. Nowadays, they are going to go through your social media accounts as well.
In most cases, this is not a problem. Still, if you are trying to win a case based on evidence of a serious injury and you post the photos of yourself riding a bike or engaging in some other ‘dangerous’ activity, this can have a negative effect and completely ruin your case.
Finally, you should not post any details regarding the case online, and what’s more, do not post negative comments about the other party. This is simply rude and it will ruin your good reputation.
