Legal Guide

Home > Legal Guide

How to Tackle a Personal Injury Case

Legal jargon is often confusing and mind-boggling for a layperson because of the technical terms and complex meanings. Therefore, it is imperative to grasp an understanding of legal intricacies. Suppose you faced adverse consequences to your physical or mental health due to the negligence or recklessness of another party. In that case, it will give rise to a personal injury claim against that party. Through this claim, an individual can seek compensation for their suffering.

Various accidents fall under personal injury cases. These include motorcycle accidents, medical negligence, reckless conduct, and injuries caused by a lack of reasonable safety procedures at the workplace. Compensation for personal injury cases can be reimbursement of medical bills or any distress caused following the incident.

If you want to know how you should be going about a personal injury, let this serve as a guide.

Consult a personal injury lawyer 

The foremost thing to do regarding personal injury claims is to contact an attorney specializing in such cases. Statistically, it is proven that if you represent yourself in these cases, chances are you will receive a significantly lower amount as compensation. The reasoning behind this is that a specialized personal injury lawyer has relevant experience. They know how to put forward the interest of their clients and claim the best possible compensation for previous and current medical expenses.

If you are unaware of good lawyers near you, then a simple google search should suffice. For instance, if you live in California, Sacramento personal injury litigation can provide expert legal support. They will handle your case with utmost tactfulness while keeping you informed about every detail. Moreover, most personal injury lawyers are contingency-based, meaning that you won’t be charged upfront. Their fees will be a percentage of the compensation that they help you attain.

Avoid speaking to anyone aside from your attorney about the case

Anything that you say can be misconstrued and used against you, especially by insurance companies and defense lawyers. Any information you provide can be used to undermine your claim and thus lead to a lesser compensation amount. Therefore, it is crucial that you only discuss the details of your case with the personal injury attorney.

Furthermore, insurance companies also sometimes claim that they need a recorded statement or interview from you before settling. Be wary of such requests as these companies are known to coax out a statement to use against you in court or settlement. If it is compulsory, then only do it after taking the advice of your attorney and ensure that the attorney is present throughout the recording.

Be very patient  

Personal injury cases require complex research and investigation. Thus, decisions in such cases take a longer time. Insurance companies often coerce individuals to accept a settlement offer even if it amounts lower than what they deserve. Therefore, before you consider taking up a personal injury claim, be mindful of the time it will take to achieve the required result.

Settlement vs. trial

Settlement and trial are two ways in which you can receive the sought compensation. Settlement is an agreement between the insurance company and the individual of a set amount without a legal battle. This amount is negotiable through several talks between your attorney and theirs. In contrast, a trial is when you take the case to court and argue out your point in front of judges and the jury. During a trial, you need to provide evidence, and it usually takes a longer time to be decided. However, the compensation earned during a trial may be higher than the one offered to you during a settlement. Both ways have their pros and cons. It all depends on which course is more feasible for you. 

Proving negligence is imperative

For a successful personal injury claim trial, the most imperative thing is to prove the other party’s negligence or recklessness that led you to suffer the said injury. You will also need to verify that the damages you have incurred are directly related to it. The way to prove this is through concrete evidence you will be required to submit in court. Medical expense bills are the most common shreds of evidence but ensure accurate records of non-monetary losses. It can be in the form of loss of income because of the inability to work or any distress. The personal injury lawyer will help assess the monetary value and consecutively the claim that you should be making.

Conclusion

If you are overwhelmed with confusion about dealing with a personal injury case, follow this as a stepping ladder. Pick out a suitable attorney for your case, decide whether you want to go for a trial, or ask your lawyer to negotiate a settlement offer. Additionally, be vigilant in keeping all records as evidence. Last but not least, be patient and do not settle for less compensation than you deserve.


comments powered by Disqus