After an accident, medical bills and other expenses can quickly add up. If you were harmed due to someone else’s negligence, you may be able to recover damages by filing a personal injury claim.
However, filing a claim does not automatically mean you will receive compensation. Your personal injury case must be successful in order for you to collect compensation from the person who caused your injuries.
In this article, we will discuss essential tools and steps you can utilize to increase your chances of success with your personal injury claim.
How You Can Strengthen Your Personal Injury Case
Your best chance at recovering fair compensation after an accident comes with hiring a personal injury lawyer to represent you. However, even when working with a lawyer, there are steps you can take to help ensure your claim is successful.
Seek immediate medical care
It is essential to seek medical treatment immediately following an accident. According to the Canadian Institute for Health Information, some 2,096,583 emergency department visits between 2017 and 2018 were related to injuries.
Getting immediate medical attention after an accident ensures that your injuries are properly diagnosed and treated. Doing so also ensures that a medical record will be created, linking your injuries directly to the accident. Detailed medical records are crucial to every personal injury case.
Even if you do not have any apparent immediate injuries after the accident, you should still seek medical attention promptly. Some injuries, such as a traumatic brain injury, may not seem obvious right away but can become more severe over time without medical treatment.
Delaying in seeking medical care could lead to allegations from the other party that you failed to mitigate damages. If the opposing side can prove that your delay in getting medical treatment caused your injuries to worsen, you may not receive full compensation for damages.
Gather information at the accident scene
If possible, collect as much evidence as you can at the accident scene.
Potential evidence includes:
- Visual evidence: Capture the scene of the accident. Take photos and videos of the location, your injuries, and any property damage.
- Witness statements: Obtain statements and contact information from witnesses who saw the incident. Eyewitnesses can help to corroborate your version of events.
- Police report: You should always call 911 and report any serious accident that results in injury. Be sure a police report is filed and obtain a copy for your records.
Evidence collected after your accident can be invaluable in reconstructing the incident and establishing fault.
Preserve physical evidence
Strong evidence is needed to prove fault and establish liability. Preserving evidence can strengthen your personal injury case.
Retain any physical items involved in the incident, including:
- Damaged personal property
- Debris from a car accident or the like
- The tool that hit you at a construction site
- Shoes you wore when you slipped and fell
Avoid posting on social media
While discussing your accident and injuries on social media may be tempting, doing so can negatively affect your personal injury case.
It is common for insurance companies and defense lawyers to browse social media pages looking for posts that can be used to undermine your personal injury claim. For instance, photos of you engaging in activities from when you claimed you were too injured to do.
Your posts and comments may be viewable even if your social media profiles are set to private. The best thing to do is avoid posting or commenting on social media until your personal injury claim is settled.
Keep detailed records
Documentation can help prove the extent of your injuries and the damages you have sustained. This is important when pursuing compensation from at-fault parties and their insurance companies.
Keep all records related to your injury, such as:
- Medical records
- Insurance forms
- Accident reports
- Medical bills
- Receipts for expenses incurred due to the injury
- Pay stubs proving missed time at work
Keeping a journal detailing your physical pain, emotional distress, and how your injuries affect your daily life can also serve as compelling evidence.
You may want to hold on to any materials you have gathered in a file to present to your personal injury lawyer during your initial free consultation.
Benefits of Hiring a Lawyer to Handle Your Personal Injury Case
After being injured in an accident caused by someone else’s negligence, you may be debating whether to hire a lawyer or handle your personal injury case by yourself.
The days and weeks following an accident and severe injury can be overwhelming. Many have found the support and legal guidance of a personal injury lawyer invaluable.
Consider some of the benefits of having an experienced personal injury handle your case, listed below.
Knowledge of the law and your rights
Personal injury law is complex. It involves various statutes, regulations, and case precedents. Through years of study, personal injury lawyers have in-depth knowledge of these legal principles. They can help you fully understand your rights and options for compensation.
Personal injury attorneys can use their knowledge of the law to set realistic expectations and build a solid legal case for you.
Understanding of the statute of limitations
Most accident cases are subject to a statute of limitations, or a time frame, within which you can file a personal injury lawsuit. The statutes of limitations may vary depending on your jurisdiction and the type of personal injury case you are filing.
A personal injury attorney can help ensure that all paperwork is filed on time. This is crucial because if you miss the filing deadline, you will likely be barred from pursuing your claim.
Gaining peace of mind
Coping with a severe injury is stressful enough without the added burden of legal complexities and negotiating with insurance companies. Hiring a personal injury law firm allows you to focus on your recovery while your attorney handles the details of your case.
You can have peace of mind knowing that your lawyer is advocating for your best interests while you take the time you need to heal from your injuries.
Investigation and evidence collection
Solid personal injury cases hinge on strong evidence. Most personal injury lawyers have the resources and skills to conduct thorough investigations, gather important documents, and secure witness testimonies.
They can help you obtain copies of your medical records, police reports, video surveillance footage, and other evidence needed to support your claim.
Additionally, some lawyers work with experts such as accident reconstructionists, law enforcement officers, or medical professionals to strengthen your personal injury claim.
Establishing liability
A personal injury lawyer knows that establishing liability is essential to every successful personal injury claim.
A successful injury claim typically involves proving the following elements:
- Duty of care: Showing that the other party owed you a duty of care
- Breach of duty: Proving that the defendant breached that duty through negligent or reckless actions
- Causation: Demonstrating that the breach directly caused your injuries
- Damages: Documenting the damages you have incurred because of the accident and your injuries
Assessing damages
Determining the extent of your damages goes beyond simply calculating medical bills. An experienced personal injury attorney will evaluate all aspects of your suffering.
Potential damages include:
- Current and future medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life and more
By assessing all your losses, your lawyer can ensure you receive the full compensation you deserve.
Sending the demand letter
Your personal injury lawyer will draft and send a demand letter to the at-fault party and/or their insurance company. This important step begins the negotiation process to settle your case.
The content of most demand letters includes:
- A description of how the defendant caused your injury
- A brief discussion of the law that holds the at-fault party liable for your losses
- A detailed account of your injuries and damages
- A demand for a specific amount to settle your personal injury claim
The insurance company may accept the offer, deny the claim, or submit a counteroffer.
Negotiating with insurance companies
The goal of insurance companies is to minimize payouts. Most personal injury lawyers are skilled negotiators. They can handle all communication with the insurance company on your behalf.
Personal injury attorneys are skilled at countering low settlement offers. They can provide compelling arguments to achieve a fair settlement for their clients.
Your attorney will ensure that your rights are protected and that you are not pressured into accepting less than you are entitled to receive.
Preparing for trial
Most personal injury claims are settled out of court through negotiations with the insurance company. However, some complex cases may need to go to trial. If necessary, your lawyer will carefully prepare your case for court proceedings.
This includes:
- Drafting pleas
- Filing motions
- Representing you in pre-trial hearings
- Litigating your case in court
Your personal injury lawyer will guide you through each step of the legal process and work with you to develop a compelling trial strategy.
Let Grover Law Firm Help You Build a Strong Personal Injury Case
Building a strong personal injury case requires careful preparation, legal knowledge, and access to resources. Experienced personal injury lawyers know how to bring these elements together to create a compelling case on behalf of their clients.
If you or a loved one has been harmed in an accident caused by someone else’s negligence, you do not have to navigate this difficult time alone. Grover Law Firm has over 20 years of experience in enabling accident victims to secure fair compensation for their injuries. We have secured over $100 million in compensation for our clients.
At Grover Law Firm, we are committed to helping our clients receive the compensation they need and deserve. Contact our law firm today to discuss your case for free. Call us 24/7 at (403) 253-1029 or complete the contact form to schedule a free consultation.