How to Win a Personal Injury Claim

 

A personal injury case is a type of lawsuit filed to someone who has caused damage, injury and inconvenience due to negligence or an intentional purpose of inflicting harm or injury.

The term personal injury encompasses many different kinds of cases ranging from car accidents, medical malpractice, slip and fall cases and many others in which one was injured because someone else was at fault.

It will be a long, gruesome and forceful personal injury claims process which will take a lot of your time and resources. Every victim or complainant will do all they can to win the personal injury case.

Below are suggested action plans on how to win personal injury case:

Make sure to document the accident

• The documentation should suffice as evidence that the defendant has full responsibility and grounds for covering any cost and liabilities on the personal injury case. The documentation will feature your evidences of what the defendant did and what was the injury you suffered as a result.
• The documentation will highlight the things that occurred prior, during and after the accident. Writing the detailed timelines when it is fresh in your mind will ensure that you would not miss out on critical details which are vital on the personal injury lawsuit cases.
• Take all circumstances into account. Indicate the time of the day you were injured, including the weather or climate, and who were the primary accomplices and present during the time of the incident.
• Another important update is to write down the reaction or behavior of the defendant after the injury or incident. Was he able to apologize or admit fault? Did the person shoulder the medical expenses? While not all of these statements may be admitted at trial, they could be used for a settlement negotiation.

Secure and find witnesses

• If you are still able to move or observe the actual place where the injury occurred, look for people nearby who may have been able to see what transpired in the event. Moreover, if you are with a friend, relative or family member at the time of the injury, ask them to look for anyone who may have witnessed the actual incident or they themselves may have been able to see the injury. Most personal injury cases won were due to sufficient people testifying the injury which make it easier for the complainant to be successful with the case.
• After locating witnesses, ask them if they would be willing to make a brief statement about what they saw. Request for a written statement and do not forget to get the contact information of the witnesses which includes their full name, address and telephone numbers.
• If your case does go to trial, witness testimony will be critical to establishing your case. Third party witnesses are often trusted by jurors because they are not invested in the outcome of the case.

Secure pictures and photographs of the site of injury

• To strengthen your personal injury claim process, try to get pictures of the area where you were injured as soon as possible. Photos are very vital if the area where you fell or where the injury was inflicted was dangerous on its own. An example of personal injury complaint occurred in a missing railing on a stairway.
• A photograph should also be secured in a place of dangerous condition before any remediation or opportunity that the property can do to fix the place. If you can’t get out to the scene of the accident, ask a friend or family member to go.
• When taking pictures of the scene, be sure to take every angle as much as possible. It may be useful to photograph the area as it was when you were injured. For example, if you were injured at night, then take photographs of the scene at night.

Photograph your injuries

• Don’t forget to take pictures of the injuries you have incurred, your body and physical condition. Lawsuits can take months, if not years, to get to trial. By that point, your injury could look much different, or not be physically visible.
• Your physical condition and injuries will appear more dramatic soon after the accident. If one will be able to secure photographs, this can make a strong impression on the jury which can be the link to the formula for personal injury settlements.

Go see a doctor as soon as possible

• Even if your injuries aren't severe, you should still see a doctor. Some injuries will not be immediately visible, but your doctor will know what to look for. Your doctor's visit will also create useful medical documentation. In particular, your doctor will help establish causation that the defendant’s actions caused your injury.
• When choosing a doctor, you should choose a traditional M.D. and stay away from alternative medical practitioners and chiropractors.
• Ensure to ask for copies of records, diagnoses, and any reports to support your claim.

Follow your doctor’s treatment

• Make sure to always follow your doctor’s prescribed treatment. If the doctor orders bed rest, stay in bed.
• You can rest assured that the defendant will find out what treatment you were prescribed and will try to find evidence that you have not been following.

Keep track of the status of the case by securing a diary

• Please jot down how you are feeling every day. Note your mood, energy level, and ability to sleep. Doctors often will ignore this information, so you will want to create your own record to use as evidence at trial.
• This could be done on a notebook, laptop or smart phones.

Post Source Here: How to Win a Personal Injury Claim