If you have been injured in an accident that was not your fault, you may be considering filing a personal injury lawsuit. This is a big decision, and there are several things you need to consider before moving forward. This article will discuss the most important factors to think about when making the decision to file a personal injury lawsuit.
Seek Legal Advice
When you get yourself into a situation like this, it’s important to have an expert you counsel you throughout the process. Lots of people from around Washington state have reached out to Craig Swapp and Associates practicing in Spokane to get some help and see what their best options are. Skilled attorneys will know whether you have a case or not in these situations and can save you a lot of trouble.
A lawyer will help you understand the strength of your case and what you can expect in terms of compensation. They will also be able to advise you on the best way to proceed with your claim. These experts will also be around to help you file a proper claim.
Document Your Injuries
Possibly the most important aspect of a personal injury lawsuit is proving that you’ve indeed been injured. Your medical records are going to be the biggest help in documenting your injuries. If you don’t have any, then it may be more difficult to prove that your injuries are severe enough for a lawsuit.
That’s why, if you’ve been injured in an accident, it’s always best to seek out medical attention as soon as possible. Even if you don’t think your injuries are that bad, it’s better to be safe than sorry.
For example, if you were in a car accident and you went to the hospital right away, then you would have records documenting your injuries. These records would be essential in filing a personal injury lawsuit.
On the other hand, let’s say you didn’t go to the hospital after the accident. A few weeks later, you start experiencing neck pain. You go to the doctor and find out that you have whiplash.
It’s also important to document how you were treated after the accident. These details will come in handy once you file the lawsuit!
Keep Medical Bills
There will be a lot of medical bills you’ll receive after an accident. Be sure to keep all of them. This is one important way you can show how much your injuries have cost you. The bills will be used as evidence in your personal injury lawsuit.
Additionally, if you’re proven right in the case, it’s likely that you can get your money back from the at-fault party through a personal injury settlement. For example, if you had to spend $500 on medication, the at-fault party may have to reimburse you for that amount.
Document The Scene
There are certain details that will prove negligence against the party you’re suing. These are the following:
- The exact location of the accident
- The names and contact information of any witnesses
- Photos or videos of the scene, if possible
- A police report, if one was filed
These details are important to have when you file a personal injury lawsuit. Without them, it may be more difficult to prove that the other party is at fault.
Documenting the scene of the accident as soon as possible is crucial. If you wait too long, important details may be forgotten or tampered with. If you’re able to, take photos or videos of the scene. This will serve as valuable evidence in your case.
Get the information from the party who is responsible for keeping the premises safe. Trade names and contact information with the other party involved in the accident. If they’re hesitant to do so, be sure to get their insurance information. It is important to know who will be held financially responsible for your injuries.
A lot of the time, premise owners will not want to give you their contact information. If you’re in a public place, like a store, and they refuse to give you this information, be sure to get the name of the manager or owner.
It’s very likely that someone else saw what happened to you. Gather the names and contact information of these witnesses. Their statements may be critical to your case.
The insurance company will likely try to discredit witnesses who don’t support their version of events. So, it’s important to have as many supportive witnesses as possible.
If there were any surveillance cameras in the area, get copies of the footage. This video evidence could be extremely helpful in proving your case.
Argue How It Affected Your Life
When filing a personal injury claim, you’ll want to explain to everyone how this incident has affected your life. This includes arguing how it has impacted your ability to work, enjoy hobbies, and maintain relationships. You’ll also want to detail the financial burdens this event has placed on you. By providing a clear picture of how this event has changed your life, you’ll be in a much better position to receive the compensation you deserve.
People can face life-changing injuries in these types of accidents. It’s important that you take the time to understand how this has impacted every aspect of your life before moving forward with a lawsuit. Only then will you be able to fully recover the damages you’re entitled to.
Negotiate With The Insurance Company
Insurance companies can often be stubborn when it comes to negotiating a fair settlement. However, if you’re armed with the right information and know how to approach the situation, you stand a much better chance of negotiating a favorable settlement.
When doing this, always remember to be polite but firm. The insurance company is not your friend, but you don’t want to make them your enemy either. Try to keep the conversation focused on the facts of the case and avoid getting emotional.
If you’re not sure how to proceed, it’s always a good idea to consult with a personal injury lawyer.
A personal injury needs to be properly addressed in order to file a lawsuit and get compensated so make sure to get legal aid for this part. Document the injuries and keep all the medical bills in one place. Document the scene of the accident and exchange information with the other party. You should also gather some witnesses who saw what happened and argue to the court and the insurance companies how this incident affected your life. Finally, be ready for some heavy negotiations with them as they’ll be ready to get the settlement as low as possible!