Human life is very unpredictable, and time and again we have to face such situations that can lead us a to lot of inconvenience, problems and risks for us. No doubt we remain vigilant when we drive a car, cross the road, walk on a wet surface, use electrical equipment and so on, but still there are cases where we become a victim of mishaps. Such unpleasant and negative situations certainly impose a lot of strain on our well being as well as on other aspects of our life. Yes, we are referring to various losses on financial as well as psychological sphere. People undoubtedly have to bear a lot of medical expenses and there can be a lot of problems in the emotional sphere: pain and suffering when there are injuries involved in accidents.
Damage that one face due to mishaps can at times be devastating. Many times people face permanent disability that disturbs their productivity and quality of life. There is no denying that permanent disability requires both – physical treatment as well as mental stability. There are many people who have shared their experience as they feel their lives used to be much-much better before their injuries happen. When we look on the numbers of people facing brain injuries, fractured or broken bones and other disabilities, it is surely imperative that everyone becomes aware of his/her legal rights. We can in no way ignore the repercussion of personal injuries that affect our personal, professional life along with becoming a source of constant pain and loss. Here, you need to get compensated for the loss and damage you have faced, whether it is short-term or long-term implication of injuries; or the loss of income or ability to work due to an injury. That means you need to file for a personal injury claim and in this article we will focus on the question whether you have a valid claim or not.
There are numerous people who are in the fix that whether they can file a personal injury claim or not. In order to help people in such a situation, we have come up with most relevant and up to date information that will help you in finding whether you are eligible for a personal injury claim or not.
First of all, a valid personal injury claim is the one which proves that you were a victim of someone else’s negligence, and it led to injuries, pain and suffering. You must provide evidence that you faced an injury because of some other person in order to avail personal injury compensation.
Things that you should provide and prove for validating your personal injury lawsuit are as follows:
- Medical documentation of treatment and diagnosis: You should make sure that you are gathering each and every medical bill that you have taken after the injury because all these medical bills are necessary evidence to prove the fact of your personal injury. Most people think that they should only include the final bill of grand total but that can create a lot of confusion. You should start making a separate medical file while your treatment process is on. In case you were not conscious for a day or more then you should demand the history of treatment done for recovery process. Make sure that you have listed all bills in perfect arrangement so the insurance settlers don’t question on any of the bills. During trials in the court these medical bills will work as a great evidence of your suffering and injury, and you will at least get the amount of money that will cover all your medical expenses.
- The party at fault should be liable for the accident: If you can prove that the accident or any other untoward incident has happened due to other’s negligence then the party at fault is liable to pay you the compensation for loss and damages you have faced. There are many cases where people face serious personal injuries because of other people’s fault.
- Long-term or short-term injuries: There are many people who are seeking expert help for securing compensation for injuries, happened due to slip and fall or motor vehicle accidents. If you are expecting a huge amount of compensation for a short-term injury then you should surely have a reality check! Neither the court nor an insurance settler will let it happen in the real world. But if you have faced serious injuries such as severe head traumas, broken bones, physical disability, broken teeth or many other types of injuries, then you can demand for a significant amount of compensation. In such circumstances, you will definitely get higher compensation.
Three points mentioned above play major role in deciding the compensation amount and determining validity of the claim. In addition to this, there are many other factors that can also change the outcomes. It is advised that before deciding about the compensation amount, you should discuss all points with your attorney. There is no denying that an attorney can help you in ensuring better compensation amount which can provide you much needed financial help.
Following are the crucial things that can help you with proving your innocence and other party’s fault:
- Photographs: If you click pictures of the accident or any other situation that shows fault of the other party, then you are surely going to make a strong base for your case. You will be able to win your case and get the compensation for your damage if it is clearly shown in the pictures, that you have injuries due to someone else’s fault. In addition to this, you can also record videos.
- Police report: You should report the incident to the police if you want to continue with the legal proceeding in the right manner.
You should seek help of an experienced attorney, as then you will have a very strong case that can be proven without any serious problems. You should make sure that you have enough evidence, such as pictures or videos from your phone or another device, videos which are made by other people, bystanders and many other evidences. It is proven that in most cases people got secured great outcomes simply by hiring services of a good personal injury attorney on time.
In addition to those major points discussed above, there are also many other smaller factors which can make a huge impact on your personal injury claim especially in assessment of your losses:
- Medical bills and other expenses: You should visit the doctor as soon as possible after an accident because medical bills are considered as a solid proof for injuries. There are numerous cases when people had to settle with a very low compensation amount because they didn’t have any medical bills to prove that they have severe injuries. You should know this fact that serious injuries and permanent injuries are compensated with highest amounts. On the other hand, if you have very few minor injuries then your chances to get a huge compensation amount are much lower. Severe injuries are also taken as huge setback because they require a lot of time and elaborated treatment processes for recovery. In addition to that, it also requires financial help (as most of the time treatment can strain your pocket too much) when you are recovering from serious injuries. It is the main reason why you should visit a licensed doctor who should help you in the recovery process.
- A bystander can bring necessary help: Seeking testimonies from people about the accident scene can help you great deal in making favorable conditions for winning the case. So make sure that you have access to witnesses. If you have a bystander as a witness who has seen the accident then you should ask him/her to be your witness. There is no denying that an eye-witness is the most important person who can describe what exactly happened at that time. A witness can also clearly tell that the accident occurred due to fault of this or that party. If you meet an accident and know there was a person at that particular time, then make sure you find that person to increase your chances of winning the case and making the claim valid.
- Your personal story: You should tell your true story of how the accident and your personal injury has distorted your life. You need to ensure that you are telling the true story that you can prove in court. Normally people never share their pain and life experience after an accident because they think that it won’t make any difference. You should not hesitate describing significant and minor changes that happened due to your personal injury. Most of the time an insurance company calculates everything except your pain and suffering which occur due to an accident. But when you are in front of the jury then it can help you in securing your demanded claim amount. So never avoid sharing your story with your attorney to make a strong impression.
- Lost work opportunity: Most people avoid calculating lost work opportunity because of their personal injuries. If you hired services of a personal injury lawyer, first thing he/she will inquire about will be financial losses. In case you were unemployed at the time of the personal injury then your previous income can be calculated for deciding compensation. Compensation amount also depends on the time period that you have spent recovering from your injuries. In case you were about to join a new job with a better salary, then you can demand for compensation on the basis of that job offer. This type of situation can be proved in court quite easily, assuming that you have all right documents.
- Personal injury lawsuit and sensibility: Most people think that serious accidents and crashes only can be a valid cause of a personal injury. That totally depends on the situation though. For example, if you are walking in the garden and a dog bites you – it can be counted as a personal injury as well. If the dog owner has forgotten to latch the dog then definitely it is his/her negligence. You can file for a claim as most of public gardens don’t allow dogs unleashed. If you are in such situation then you can file for a personal injury claim. Similarly, there are many other situations such as crossing the road on a cross-way while the signal was WALK but you faced an accident due to negligence of a driver – then you can demand compensation. The jury will give their decision in your favor if you prove your innocence and another party’s fault before it.
- Other reasons: There are many other reasons which allow you to file for a personal injury claim such as slip, trip or fall due to various reasons which could have been avoided very easily. For example, if you have visited a bar or restaurant and slipped due to a wet floor then you can demand compensation. It is the owner’s responsibility to make his/her place safe for clients. Most of slip and fall incidents can cause serious head, spinal, lower back injuries, and especially for aged people it could lead to broken or fractured bones.
All in all, it is important that you don’t delay with seeking legal help and filing for compensation. If you want to be fully compensated for your pain and suffering – make sure that you have chosen an experienced and well recognized personal injury lawyer. Your decision to make a way for apt support and services will go a long way in ensuring that you will receive the claim amount well on time. If you are still in doubt then it is advisable that you should consult few law firms. You can discuss your case with them and the good news is that most of lawyers and law firms offer free initial consultations that will negate any kind of hesitation on your part. You can take your time to decide on the attorney you want to hire. Moreover, most lawyers and firms would take some percentage of the claim amount as their fee, which means you won’t have to strain your pockets before legal proceedings. That way you can reduce a lot of stress and make your way to better chances of success without much hassle.