Accidents can happen to anyone at any time. Many of us try to exercise safety and caution in our lives, but some accidents occur due to negligence on
Accidents can happen to anyone at any time. Many of us try to exercise safety and caution in our lives, but some accidents occur due to negligence on the part of a person or an organization.
If you are a victim of an accident wherein another party was at fault, you are well within your right to file a personal injury lawsuit. A lawsuit is a complex and stressful process, and it doesn’t come with any guarantees of success. That means that deciding whether or not to go to court is often a challenging determination.
If you’re on the fence about filing a personal injury lawsuit, here are eight ways that you can increase your chances of success.
Hire a personal injury attorney
Successfully filing a personal lawsuit requires expertise that the average non-attorney person isn’t likely to have. For example, there are many different classifications of personal injury laws and acts. Some of these include intentional acts, product liability, negligent acts, and defamation.
A personal injury attorney understands these laws and will help you bring your case forward in the most appropriate classification. Injury attorneys have experience handling insurance companies and their policies, and this experience can be game-changing for winning a settlement in your case.
A personal injury attorney from a reputable firm such as Schwartzapfel Lawyers, a personal injury law firm in New York City, will fight tirelessly to maximize your compensation. If you want to win your case, hiring an experienced attorney is non-negotiable.
Seek medical care immediately after the accident
First thing’s first, your health is the top priority. If you’ve been injured in an accident, seek medical care immediately. Seeking medical care can ensure your fitness and furnish you with detailed information about the extent of your injuries, the treatments required, and when the initial injury took place.
This documentation will help you in the lawsuit. If there is any doubt regarding the nature or cause of the accident, your medical record backs up your version of events and the impact of your injuries.
Failure to report to a medical facility immediately after the accident may allow the defendant to poke holes in your story or downplay the severity of your injuries, not to mention the detriment it could have on your health.
File a police report
Filing a police report is your next vital step. Reporting a personal injury accident due to negligence or intentional act will generally lead to a police investigation.
The police investigation can help you build a strong case. Any cursory examination will include records of the incident and statements from the accused party and witnesses. If the injury was due to severe negligence or intentionality, there might even be a criminal proceeding. A criminal conviction provides you with a lot of backing to make civil claims.
Be careful when dealing with insurance companies
It’s no secret that many insurance companies will try to deny or reduce your entitlement. Therefore, it’s good to seek the advice of your attorney before filing an insurance claim to avoid being lowballed.
With the go-ahead of your attorney, be careful of the information you give out to your insurance companies. Just like a court of law, anything you say can and will be used against you. Tell the truth, but leave out any irrelevant details.
Keep all evidence
To increase your chances of success, take account of every detail of the accident. Create a document that contains the exact location and address of the accident spot. Also, the day and time of the incident, person, or people involved. Write this document as closely as possible to the day of the accident, as the memory will be freshest then.
Take note of other damages from the accidents and witnesses around. If possible, take pictures and videos of the scene. With all this information at your attorney’s disposal, it will be a more straightforward process.
Track the paper trail
If you want to file a personal injury claim, it’s time to start hoarding paper. Your medical bill, police report, doctor’s report, medication receipts, leave form, and every other document is crucial to proving your claim and winning the case. Ensure that both you and your attorney have copies of all relevant documents.
Keep every information about the case private
Every detail concerning your injury and lawsuit is confidential. Go over the details only with your lawyer. The defending party can use your information against you, so play your cards close to the chest.
Your lawyer will guide you on what to say and what to keep private. Providing all details in a media house interview or making a social media post while the investigation is ongoing can jeopardize your case, so keep case details on the down-low until the lawsuit settles.
Time is of the essence, especially when filing a personal injury lawsuit. There are different timelines to file a claim depending on the state. That means that depending on where you live, the clock may already be ticking on your litigation possibilities.
Seek immediate medical attention following the injury and file a police report. Consult with and hire an attorney as soon as you can. It’s never too early to start exploring your options.
Falling victim to a personal injury can derail your quality of life. Handling your lawsuit by yourself is physically and mentally draining. An expert personal injury attorney from a reputable firm will guide you through all the steps and increase your chances of success.