When you have suffered an injury due to someone else’s neglect or actions, you may be looking to pursue a personal injury lawsuit against them. A personal injury lawsuit is a legal dispute between two people that can result in either a formal lawsuit or an informal settlement that takes place out of the court system.
If you are looking to file a personal injury claim, you’ll want to do everything in your power to make sure that you receive the largest possible settlement. Understand that a large part of building a complete and successful recovery lies in the compensation of the claim. Filing a case is not about “getting rich,” but about protecting you and your family from financial hardship.
For example, if you are the primary breadwinner in your family and you are injured in an accident that resulted from someone’s neglectful behavior, you may not be able to work. This could result in missed mortgage payments, missed car payments, and other extraordinarily stressful and challenging financial situations. By pursuing a personal injury claim, you are merely attempting to rectify the lost wages and emotional and physical damages you may have suffered at the hands of another person.
To get the best injury claim settlement, we suggest following these 5 essential guidelines:
While most people are familiar with the phrase in their Miranda Rights that states “what you say and do can be used against you in a court of law,” they may not realize that this applies to personal injury claims as well.
If you are claiming that you have been left physically disabled or mentally incapacitated by the defendant’s actions, be sure that your social media profile doesn’t tell another story. While the police may not be holding it against you, the defendant’s lawyer or insurance company certainly will.
2. Be sure to preserve evidence:
The court or the insurance company (depending on how your claim will be settled) will need to see what happened to cause you to become injured, and you can be sure the defendant isn’t going to provide that proof! The onus is on you to prove that the defendant’s actions led to you being injured, for this reason, you are expected to provide evidence. Take pictures of the scene of the accident, collect names and contact information of witnesses, and get a copy of the police report (if one was filed).
3. Seek adequate medical treatment:
You can’t claim you’ve been severely injured if you never had to see a medical professional of some kind. If you have been in an accident, seek medical treatment to get an accurate picture of your injuries and the cost associated with recuperation. Speak to physicians, chiropractors, physiotherapists, and any other professional with which you may need to seek treatment.
4. Take future damages into account when valuing your claim:
An injury can have long-lasting effects that you may not be considering. Back or neck injuries may crop up again months or even years in the future. Sometimes—depending on your case—future damages may be the most important thing to consider. This is especially true in instances where you will never be able to work in your field again—like a chef losing his hand.
5. Get advice from an excellent personal injury attorney:
While you may feel confident that you can collect evidence, build a case, and file a claim, the help of a seasoned personal injury attorney may make all the difference between winning and losing. Even if you don’t use them as your lawyer throughout the case, their legal knowledge can be of great importance.