Car accidents, slips and falls, tripping – these are just some of the ways you can get severely injured. And they mostly happen due to someone else’s negligence. If your injuries are a consequence of someone’s wrongdoing, it’s your right to get compensated for your losses. However, filing a personal injury claim isn’t the easiest thing to do.
It’s a complex process, and unless you know the proper steps to follow, you have no guarantee the outcome will be the best. Therefore, getting educated on maximising compensation is vital – after all, it’s about protecting your rights and improving the chances to win your claim.
5 tips for a successful personal injury claim
Navigating the legal system on your own can be overwhelming – especially when you don’t have any knowledge on the matter. This is why hiring a personal injury lawyer is necessary for recovering damages for medical bills, lost wages, and your physical and emotional suffering.
To ease your mind, we created a guide on making a successful personal injury claim and winning your case.
What accounts for a personal injury case?
If you’ve sustained an injury due to someone’s negligence or deliberated act, that is regarded as a personal injury case. More often than not, personal injury cases end with a settlement. But sometimes, they result in formal lawsuits going to trial. There are also times when cases go to mediation – somewhere between trial and settlement.
From car crashes to workplace accidents, there are many types of personal injury cases. Some cases are typical, and don’t cause significant damage. Thus, the financial losses are minimal. However, some cases involve a lot of money.
If you’re a victim of an accident and want to claim compensation for your injuries, it’s vital to know that your case limitations depend on the type of the crime.
How can you ensure your personal injury claim is successful?
Even when people know about their rights of filing a personal injury claim, the likelihood of winning the case holds them back. And that’s pretty understandable, as there’s a lot of uncertainty around it. Thinking there’s a possibility to lose the case is frightening – and filing a lawsuit is never easy nor cheap.
It takes a lot of effort and time, and it can turn out to be really stressful. You have to spend long hours collecting evidence and looking for witnesses to get their statements. Not to mention that court fees can also be a hassle. So, if you end up losing the case after going through all of this, of course it will hurt.
That being said, how can you increase your chances of winning your personal injury case?
Here are our tips:
Gather evidence
We know that taking pictures is the last thing someone can think about when injured. However, it’s valuable evidence that can make a difference in your claim. How can you be sure the person at-fault won’t change their story later – even if they apologise at the accident scene? You can’t! For instance, a driver might twist the story and claim you were the one who caused the accident.
If your injuries allow you to do so, make sure to take pictures of:
- the vehicles involved in the accident,
- injuries like bruises or cuts;
- marks on the road left by the cars;
- the damage caused to the vehicles.
The personal injury specialists from Legal Expert UK also recommend getting details about the other driver, such as their vehicle registration number or insurance information.
These rules apply to any situation where you suffered injuries because of someone’s negligence. For instance, if you were injured at the workplace, you can take pictures of the hazard that caused the accident.
Here are other things that can account as evidence:
- Statements from witnesses;
- Recordings from security cameras;
- Medical records;
- A police report if a car crash caused your injuries;
- A record of critical details about the accident, such as location, date, and time.
Seek medical attention right after the accident
After the accident, you should get help from a medical expert. You might not be aware of your injuries until later, so it’s crucial to go to the doctor and get evaluated. This is not only important for your health, but it’s also an essential step in maximising your compensation. A doctor can document the cause of your injuries and their severity and, thus, provide a detailed picture of the incident.
At your medical appointment, make sure to inform the doctor about all your symptoms, no matter how minor. If you miss a symptom and it worsens in time, it might not be possible to include it in the report later on and thus, you might not get compensation for the injury. Also, don’t expect the doctor to ask all the necessary questions. If you think some information might be valuable, tell your doctor about it.
Document your financial losses
You cannot get accurate compensation unless you keep a record of all your expenses. You most likely won’t remember all the costs, so writing it all down can be helpful. In this document, make sure to include:
- All your medical expenses, such as doctor’s fees, diagnostic tests and the treatment cost;
- Damaged property costs;
- Hospital visits expenses;
- Domestic help expenses if you cannot manage housework independently;
- Other additional costs, such as the ones related to structural changes to your vehicle or home.
Don’t wait too long to file your claim
There’s a set time limit when it comes to personal injury claims. If you don’t file it within three years from the moment of the accident or the time of the diagnosis, you might lose your right to get compensated for the injuries.
It will take a while to gather all the evidence and documentation, so don’t put things off. Start as soon as you can and file your claim within that period.
Hire a personal injury attorney
You can increase your chances of winning your claim by hiring a personal injury attorney. Having a legal expert by your side can make things a lot easier, as they know precisely how to deal with a personal injury case.
Once they decide to work with you, a lawyer will research precedents and discuss with your doctor to determine the severity of your injuries. That way, they will calculate the maximum compensation you are entitled to for the losses. Plus, they can also help you get a fair settlement by negotiating with the defendant’s lawyer.