The chances of winning and recovering a monetary reward in a personal injury lawsuit depend greatly on a variety of factors. Such factors may include the jurisdiction where the lawsuit is taking place, the circumstances and facts surrounding the lawsuit, the strength of your case (both in terms of damages and fault), and whether you have an experienced solicitor in your jurisdiction representing you in the court.
Typically, personal injury claimants who have an experienced attorney vowing for them to pre-suit up until the conclusion of the case fare way better than those who attempt to represent themselves in a personal injury case. That, however, should not discourage you from facing the court and representing yourself if you have a strong case.
But it pays to have an experienced personal injury lawyer on your side. Normally, a personal injury lawyer has more advanced negotiating skills, which means it can easily convince the insurers to offer you a favourable settlement and avoid going to court. That being said, here’s all you need to know if you want to increase your personal injury claim odds.
First things first, to be able to understand why a personal injury solicitor is important in a personal injury case and how to increase your winning chances, you will want to know what a personal injury case is in the first place. A personal injury case may happen anytime when someone suffers an injury, typically in a car accident that is caused by another party’s negligence.
Injuries sustained in a personal injury claim usually include:
- Internal bleeding
- Soft tissue contusions, muscular sprains, and strains
- Traumatic head and brain injuries
- Fractures and broken bones
- Internal organ dame and other internal injuries
- Death, after which a family member can file a wrongful death claim
In order to win a personal injury lawsuit, the accident victim has the burden of proving all of the legal elements in the case, including damages and fault. An experienced personal injury lawyer will assess the circumstances of your accident with you and determine if you may have a feasible claim. If so, your personal injury solicitor can coordinate your claim again with the right insurance company, and if necessary, file an injury claim against the person or the party at fault. When you contact the personal injury experts at AccidentClaimsAdvice.org.uk, you can discuss some of the ways that you can increase the value of your claim. Here are some of the aspects that may influence the success of your personal injury lawsuit.
Following a personal injury, you will have the responsibility of demonstrating your claim. The evidence in a personal injury claim can be removed in a matter of minutes following the accident, so it’s crucial to persevere as much evidence as possible. As a personal injury victim, you have the responsibility (if possible) to:
- Report the accident – if you’ve been involved in a car accident, report the collision to the local authorities. If the accident involves slip and fall, make sure the property owner knows about the incident.
- Take pictures – Make sure you gather enough visual evidence of the accident scene, defects, warning signs and your injuries.
- Register important information – write down the exact location where the accident took place and the events that led to the accident.
- Identify witnesses- if any pedestrian witnessed your accident, get their contact details before they leave the scene.
- Look for nearby video surveillance – take note of any property or business building that has video surveillance.
An immediate step that every personal injury claim should take is to seek immediate medical assistance. If you delay seeking medical attention, this will cause a series of negative consequences on the value and success of your claim. When you seek expert medical assistance, make sure you mention everything that hurts. This will help your medical advisor gather the exact information that can be used to back the full extent of your injuries. That said, your medical records should normally include information like:
- Your diagnosis
- Any physical complaints
- Detailed description of how you were injured
- Physician’s notes
- The treatment plan
Recording all of your symptoms following the accident is also important because it can help the medical professional backing your case identify all of your possible injuries.
It’s also important to follow your physician’s recommendation for a treatment plan. Failing to follow your doctor’s orders might decrease your personal injury lawsuit chances because the insurance company may argue that you caused your own injuries and that it should not be responsible for any damages.
Every insurance company may also question the authenticity of your claim if you don’t actively seek medical attention or refuse to follow your medical professional’s recommended treatment plan.
Make sure you keep all of your medical appointments and avoid physical and mental activities your doctor tells you about.
One of the most important steps a personal injury victim can take to increase the odds of their lawsuit is to choose the right personal injury attorney who can successfully represent your interest.
Make sure you find a solicitor who can negotiate a fair settlement with the insurance agency on your behalf. Until the trial, make sure you keep a record that the jury can later review to see how the accident affected you.