The aftermath of an accident can be overwhelming, especially when medical bills start to pile up and your injuries prevent you from working. Fortunately, you may be entitled to compensation for your losses.
However, securing the maximum amount of compensation depends on several factors, including establishing liability and demonstrating that you suffered damages.
Seek Medical Treatment
Seeking medical treatment is the first step after an accident, and it’s important for both your health and your personal injury claim. Insufficient or delayed medical treatment can leave you with lingering injuries that are harder to treat and may lead to further complications. It also leaves room for the defendant or their insurance company to argue that your injuries are not as severe as you claim, which can significantly impact the amount of compensation you receive.
Properly documented treatment creates a clear timeline of your injuries, providing evidence that supports your claims for loss of income, ongoing medical expenses, and pain and suffering. The documentation can include doctors’ notes, diagnostic reports, prescription receipts, invoices from healthcare providers, and photos of your injuries before, after, and during recovery.
Proper medical treatment can also help to spot hidden or underdiagnosed injuries. Following medical advice on tests, treatments, and follow-up care prevents injuries from worsening over time, which can strengthen your legal case. It also shows that you took your medical professional’s recommendations seriously, demonstrating credibility in your legal claim.
Gather Evidence
The strength of any personal injury claim depends on the quality of the evidence. It’s vital to gather tangible proof of the impact of an incident, including medical bills and other financial damages.
Physical evidence can be anything from bloodied clothing to medical devices, such as crutches and wheelchairs. Obtaining this type of evidence as quickly as possible is important because it may deteriorate or lose its value over time. It’s also critical to maintain all documentation related to the incident, such as medical records and prescription receipts. Documenting lost wages and diminished earning capacity is another key element of a personal injury claim. This can be done by saving pay stubs or maintaining a pain journal that details the severity of an injury and how it has impacted your daily life.
Documentation can also include corroborating evidence from witnesses, such as their contact information and statements about the incident. It’s important to keep all documentation organized and easily accessible, as this will help your lawyer build a strong narrative that maximizes your compensation.
Contact an Attorney
Once you have a full understanding of your injuries and damages, your attorney can help you build a strong compensation case. They can gather evidence such as photos of the accident scene, witness statements, invoices for medical treatment, estimates for property damage, lost earnings statements, and more. This information is important for supporting your claim and establishing liability.
They can also help you accurately calculate the damages owed to you and negotiate with insurance companies. They have the experience, training, and connections to steer clear of traps insurers may set to sabotage your case.
Once your attorney has gathered enough evidence to support your claim, they will file a complaint with the at-fault party (defendant). They can then begin the legal process of pursuing a trial in which a judge or jury determines liability and award amounts. This process can take years and requires a significant amount of work to prepare for trial. It is important to hire an attorney as soon as possible to help you navigate this process. They can also help you avoid unnecessary delays and expenses.
Negotiate with the Insurance Company
Negotiating with the insurance company is often necessary to support your personal injury claim. It is important to be patient and organized throughout the process. It is also essential to keep records, as they can prove valuable evidence in a case. Keeping track of medical bills, receipts, and estimates, as well as lost wages and other losses, can help you determine the value of your claim.
You will also want to have a number in mind for how much you would be willing to settle for before starting negotiations, as this will give the insurance adjuster a starting point. This includes putting a dollar amount on more subjective damages such as pain and suffering.
An experienced personal injury attorney can assist with the process of gathering evidence and preparing for negotiations with the insurer. They can ensure that all liable parties are identified, including the owner of the property where your accident occurred and any other entities that could have been held responsible for a dangerous condition on their land or in a public place.
File a Lawsuit
A personal injury claim is not always successful – it can be hard to prove negligence and win compensation. But if you’re unable to settle with the defendant or their insurance company, filing a lawsuit may be necessary.
When you file a lawsuit, you’re formally bringing the case to court and seeking a judgment or verdict that determines liability and awards damages. This process can take time, but we will work tirelessly to get you the best possible outcome for your case.
Whether you’re suing for property damage, bodily injury, or wrongful death, you must make sure that your complaint is filed within the appropriate timeframe. Each state has a statute of limitations, and you’ll lose your right to sue if you miss this deadline. Speak with a legal professional early on to ensure you don’t miss this important date. You’ll also need to collect and keep all evidence that supports your case, including photos of the accident scene, medical records detailing your injuries, invoices for vehicle or personal property damage, witness testimonies, and more.