When you have been injured in an accident on the road, at work, in a medical procedure, or by a faulty product, the consequences can be overwhelming. The injuries can have a huge toll on you financially, physically, and emotionally.
The good thing is that the law recognizes this and can help protect your rights in a personal injury compensation lawsuit. While the tormenting effects like mental trauma and scars may not be reversed, getting financial compensation for the damages suffered can help get you back on your feet.
Nonetheless, it is never a hundred percent certain that you will win the case and get the fair compensation you deserve. Luckily, this piece can help you maximize your chances of victory. With this in mind, here are six tips you need to have a good chance of winning your personal injury case.
1. See a Qualified Physician
For obvious reasons, one of the first few things you need to do after sustaining a personal injury is to get medical attention. While they will provide treatment and help you in your recovery journey, your physician’s expert opinion can serve as evidence in court.
This, alongside documentation such as medical bills, receipts, and reports will have a huge impact on your case and the ultimate outcome.
While at it, it is best to ensure that your attending doctor is on your side. If they are biased, they could say that your injuries were unrelated to the accident in question, and this spells giant trouble.
The testimony and the expert opinion your doctor gives could make or break the case. This is why it pays to visit a qualified and state-recognized doctor as soon as you get injured. Ensure they are credible, licensed, and reputable.
2. Choose the Right Attorney
As far as personal injury cases are concerned, the last thing you want is to go it alone. Getting a decorated personal injury lawyer is perhaps the most crucial step after getting injured in an accident.
As the folks from Kerley Schaffer LLP put it, it is best to hire an attorney with a history of winning personal injury cases in trial. With a respected attorney in your corner, you could even get a favorable settlement beforehand, saving tons of time, money, and effort that would have been spent in court proceedings.
Also, it is crucial to talk to an attorney as soon as possible after the injury. This way, you can provide an accurate record of events because the memories are still fresh in your mind.
It becomes easier to compile evidence enough to prove the other party’s negligence and build a strong case. Consequently, it will be much easier to compel the other party or insurance into discussing a favorable settlement.
Don’t forget to be completely transparent with your attorney, ensuring you don’t leave out any details that could help your case.
If you had a preexisting health condition, for instance, let your attorney know so he can prepare ways to counter and defend you against issues that may arise regarding the specific condition. Most importantly, you and your attorney should work as a team throughout the way.
3. Document Every Bit of Relevant Evidence
The thing is, courts depend highly on existing evidence and proof before making decisions or rulings in any case. Therefore, you will need to prove negligence from the other party and provide evidence that your injuries were indeed caused by this negligence or the breach of duty of care. Evidence could come in many forms, including:
- Tape recordings (video and audio)
- Photos of the scene
- Doctor’s opinions
- Medical reports
- Testimonies from witnesses
- And much more
If you have a highly experienced attorney on your side, collecting and compiling evidence should be a walk in the park. They will advise you on which pieces of evidence may or may not help your case.
4. Be Discreet With Your Case Details
It is not unusual to feel the urge to discuss your case with close individuals like friends and family or even on social media. If you are not careful, you could make utterances that may be used against you in court and jeopardize your winning chances.
If you must mention the case to a loved one, it is best to avoid being bloviated. Be brief about it, using sentences like, “my lawyers are working hard to help me get justice.” Don’t exaggerate or overemphasize anything related to your case, especially if legal proceedings are ongoing.
5. Avoid Talking to Insurance Providers Alone
Once you have been injured, it is not uncommon for the negligent party’s insurance negotiators to approach you with an offer. While you could be between a rock and hard place financially, negotiating with insurers without your lawyer present can be catastrophic.
Moreover, you may say something that could harm your chances of winning the case if their offer isn’t good enough and you decide to go to trial. On the other hand, doing so under the guidance of your lawyer will only improve your chances of winning your personal injury case.
Finally (point number six), you will want to maintain your best behavior throughout your personal injury case proceedings. Defendants, their lawyers, and insurers are always looking for ways they can tarnish your reputation or their advantage. With these few tips, winning a personal injury case becomes easier than most people think.