A personal injury is a legal term that denotes an accident that a person has been in which causes an injury, either physical or psychological, or both. Since a personal injury is caused by the negligence or irresponsibility of another, it is grounds for demanding compensation that will pay for the treatment of the injuries suffered.
A personal injury can result from a number of reasons, including for example –
A road accident
A slip and fall
An accident at the workplace
Any incident where the person who suffered the injury was not at fault
As soon as you have registered a complaint with the police and have decided to file your personal injury claim, you will need to do everything you can to build a strong case. Receiving sufficient compensation is vital to complete recovery from your injuries.
Every case of personal injury is unique and requires a special plan. But there are a few things you can do after the accident that will help your personal injury lawyers maximize the compensation you get. Here are a few things that are in your control and you need to know how to capitalize on them to bolster your case-
How to build a strong personal injury case
Preserve every bit of evidence
This is 101 in a personal injury case. Evidence or the lack of it can make or break it. The quantum of the settlement will be decided based on how strong the evidence (furnished by your lawyers) is. In fact, if you are able to provide plenty of proof, the other party’s insurer may actually give you the compensation you deserve.
So, what should you do? If your injury is not too severe, take photos of the scene of the accident. If it is a slip and fall accident, document with photographs why you tripped in the first place. It is possible that the other party may try to cover up. Similarly, if you have been in a road accident, take photos of the car, your injuries, and the scene. If you have filed a police report, you need to keep a copy of that. If there are CCTV cameras, then make a note of that. Your personal injury lawyers will access the footage.
Save the phone numbers of witnesses. Witness testimony is crucial in building a case. Your lawyers will follow up with them and collect their statements.
Get the medical care you need
The goal of a personal injury claim is to procure your fair payment. For that, you need to present an accurate and detailed picture of the damages you suffered. And no better way to do that than hand over the report prepared by the doctors or healthcare professionals who treated your injuries after the accident. Make sure that every little detail of the treatment and therapy plan is well documented and signed by certified professionals. You should not leave any room for the opposition to attack and undermine. Your doctor’s evaluation of the extent of your injuries and how they had disrupted your life will go a long way to firm up your personal injury case.
Moreover, obey your doctor’s instructions. Scrupulously undergo the treatment and therapy suggested. If you do not, then it might be alleged that your injuries were aggravated because you did not follow the treatment plan. This will adversely affect your case.
Do not undervalue your claim
People tend to assume that they are entitled to compensation for just one type of damage caused by a personal injury. But actually, you can claim settlement for a number of damages. It is possible that you are not aware of the different types of losses and injuries you have suffered. Legally, you are entitled to compensation for not just your injuries but also the emotional trauma, loss of bodily function, recovering out-of-pocket expenses, disruption of normal life, future medical costs, loss of income, and many others.
However, insurance companies will always try to pay the minimum possible compensation by limiting it to only cover the treatment of injuries. They do it to protect their self-interest. If you come to an agreement with them, you will be undervaluing your claim. And there will be no way you can remedy this mistake. This might bring on financial straits for the unforeseeable future especially if you are unable to go back to work owing to your injuries.
In wrongful death cases, you will need compensation for-
Loss of companionship
Loss of financial support (if the deceased was the sole earning member of the family)
Funeral and burial expenses
Travel expenses (if the deceased was receiving treatment in another town/city)
Work with experienced lawyers
Personal injury cases can be complicated. They require-
Investigation
Collecting evidence and statements
Speaking to the doctors, therapists, nurses and social workers who handled your case
Rope in accident reconstruction experts if necessary
Acquire vehicle data and CCTV footage from the scene
File a personal injury lawsuit
Negotiate an out-of-court settlement
It the matter isn’t settled, then initiate the next phase- trial
There are many layers to a personal injury case. Only lawyers who have the requisite know-how and experience will be able to guide you, answer all your questions, and build a foolproof strategy that can get you the compensation you deserve.
Time is of the essence
If you have decided to file a personal injury case, then you need to act now. Time matters. That is because legal action for personal injury cases is restricted by statutes of limitation. The law stipulates that lawyers get things underway within a particular period of time. Contact your lawyer as soon as possible. Because before filing the lawsuit, they will need to conduct the investigation, collect evidence, and chalk out a course of action. That requires time.
At Claim Settlement, our network of lawyers have 20 years of experience in handling personal injury and accident cases and has recovered millions of dollars in settlements for our clients. Our initial consultations are absolutely free and you don’t pay until our networks of lawyers have procured you the compensation you deserve. If you have suffered an injury or been in an accident call us at 1-833-892-5246 for a free consultation or e-mail us at claim@claimsettlement.ca