A personal injury lawsuit is a civil case that can result in compensation for medical expenses, lost wages, pain, and suffering. A successful claim requires proof that a defendant is responsible.
After an accident, there are certain things you should do that can help your personal injury claim. Here are some tips that you may learn from Duluth Auto Injury Lawyer
Whether an accident is minor or major, every injury requires medical attention. Not only is this important for the health and well-being of injury victims, but it also helps strengthen personal injury claims. Seeing a doctor promptly ensures that all injuries are documented and assessed, and it can help identify any hidden or delayed complications.
Medical records are essential to personal injury cases because they provide proof of injuries and treatment, which can then be used as evidence in a lawsuit. In addition, they can also be used to calculate economic damages, such as hospital bills, loss of income, and property damage. Noneconomic damages are harder to quantify, but they can include things like pain and suffering and mental anguish. We have years of experience placing a value on these damages and arguing for maximum compensation.
It is also vital to continue to follow doctors’ orders, which may include attending ongoing medical appointments, taking prescribed medications, and participating in physical therapy. This not only helps you recover faster but also demonstrates that your injuries are severe. Failing to comply with medical advice also puts your case at risk, as insurance companies may argue that your injuries are not severe enough to warrant compensation.
In addition, it is helpful to keep a personal injury journal in which you describe your symptoms and how they affect your daily life. This can be an excellent source of evidence for a personal injury claim because it will demonstrate how much your injuries are impacting your lifestyle.
Many different types of accidents can lead to personal injury cases, including car accidents, work-related injuries, animal bites, and wrongful death. It is important to understand the intricacies of each type of case to determine whether or not you have a valid personal injury claim.
A personal injury lawyer can help you identify any liable parties in your case and take the appropriate legal steps to receive reparation. If you have questions about a personal injury case, contact our firm today to speak with an attorney. We offer free consultations to all injury victims.
Gather Evidence
If you want to receive compensation for your injuries, you must provide evidence to support your claim. This can include documents, photographs, and witness statements. You must also provide medical records of your treatment immediately following the accident and ongoing care, as well as financial evidence like last year’s tax returns or paystubs. Other types of evidence might be invoices, receipts, and estimates of how much it costs to recover from your injuries.
Your evidence should also demonstrate that the defendant directly caused your harm by their actions or inactions. This is why it’s crucial to have a clear picture of your accident from start to finish.
A formal personal injury case begins when the plaintiff (you) files a civil complaint against a person, business, corporation, or government agency (the defendant). A lawsuit alleges that the defendant acted negligently or recklessly and that their negligence directly caused your injuries.
The defendant will then have the opportunity to put up a defense. Defendants benefit from providing evidence that supports their lack of liability and creates doubt about their claims. They may try to discredit witnesses and present expert opinions that are contradictory to yours. You must be prepared to counter these attempts and prove that the defendant is liable for your damages.
While the evidence you collect will depend on the type of personal injury case you are pursuing, some items of evidence are always required. For example, in every case involving a vehicle accident, you will need an official police report of the incident, which includes detailed information about the crash, the involved parties, and their insurance coverage.
Additionally, in any case involving a serious injury or death, you will need a pathologist’s report of the cause of your injury. In many cases, you will also need to place a value on your non-economic damages, such as physical and emotional pain and suffering and loss of enjoyment of life. In some instances, you may be able to seek punitive damages, but this is rarely awarded and requires evidence of extreme recklessness or malice on the part of the defendant.
Hire An Attorney
Even though many personal injury claims do not go to trial, hiring an attorney can still be valuable. An experienced attorney can help you navigate a wide variety of issues that may arise during your case. Some common problems include:
Your lawyer will help you gather evidence to support your claim. This can include photographs, witness statements, and records of your expenses resulting from the accident. An attorney can also help you organize this evidence in a way that will make it easier for you to prove your losses.
An attorney will have the legal experience to understand how much your case is worth. They can also assist you in determining what type of lawsuit to file, identifying a liable party or parties, and filing a complaint. They will also know the laws surrounding your case, including statutes of limitations and negligence.
Even if you feel fine after an accident, it is important to get checked out by a medical professional. You should request medical records that show the extent of your injuries, such as medical bills and lost wages. An attorney can help you demand compensation for economic losses, non-economic losses, such as disfigurement or physical limitation, and emotional trauma or suffering. Additionally, they can help you seek punitive damages if the defendant’s actions were particularly severe, such as gross negligence, wanton recklessness, or malice.
When negotiating with the insurance company, an attorney will level the playing field and provide you with skilled representation. They can also protect you from tactics used by the insurance company to devalue your claim. An insurance adjustor may drag the negotiations hoping that you will grow frustrated and accept a low offer. An attorney can remain patient while acting with persistence to counter these strategies.
If a settlement is awarded, the amount will likely be taxed. A reputable attorney can help you estimate the value of your claim and plan accordingly for any taxes that may be due. They will also take into account any additional expenses that are related to your accident, such as future medical costs or the cost of repairing or replacing property.
Keep Records
Medical records are the cornerstone of any personal injury case, as they establish both the extent and severity of injuries suffered and the impact those injuries have on a claimant’s daily life. In addition, medical records often include results of diagnostic testing as well as doctors’ expert opinions on the state of the claimant’s injuries and their prognosis, all of which help to support a strong argument for compensation. Keeping a list of all doctors, specialists, physical therapy offices, and other healthcare providers visited is a must, as well as ensuring that each visit to the doctor is documented with a copy of the corresponding medical records. Using clear and objective language, making sure all documentation is dated, and regularly reviewing and updating the records help to add credibility and authenticity to the case.
Documentation of financial losses and damages is also key to a successful personal injury case, as it helps quantify the impacts an accident has had on a claimant’s quality of life. This includes demonstrating how the accident has impacted the ability to perform work, as well as out-of-pocket costs, such as parking fees, tolls, over-the-counter supplies, and mileage to and from medical appointments. Keeping accurate records also strengthens a claimant’s case by establishing causality – showing that the accident and the subsequent injuries are directly related.
Other types of evidence that may be useful in a claim include police reports, witness statements, photographs and videos, forensic proof, accident reconstruction reports, pay stubs, insurance policy documents, and income tax returns. Keeping copies of all of these documents is important, and can help to support a claim for past and future losses, injuries, and damages.
As with any type of legal case, personal injury claims can be complex and time-consuming. Entrusting a personal injury attorney to manage the collection of relevant documents can help to relieve some of the burden and ensure that no vital pieces of evidence are overlooked. By allowing an attorney to handle the documents, claimants can focus on their recovery and rest assured that their case has a strong legal basis.