Finding yourself injured or struggling due to someone else’s carelessness can be a difficult spot to be in. In most cases, you’re stuck dealing with medical bills, loss wages, and still trying to heal. As reported by WHO, about ten million people worldwide suffer from non-fatal injuries yearly, which has led to emergency visits and hospitalizations and even resulted in temporary or permanent disability. (1)
That’s why if you acquire injuries caused by someone else’s negligence, you may be qualified to file a personal injury claim to recover compensation for your losses. But here’s the thing; winning your personal injury claim isn’t something that happens out of luck. You need a strategy and follow the right approach to increase your chances of success.
In this guide, we’ll walk you through the crucial steps to help you win your personal injury claim and get back on your feet financially.
Call for medical help as soon as possible
Your health should always be your top priority. Thus, seeking medical attention immediately should be the first step. Besides receiving proper treatment, it also creates an official record of your injuries. This medical documentation will be vital evidence in your personal injury claim. So, don’t delay in getting medical care, as insurance companies may use any gaps in treatment to argue that your injuries aren’t as severe as you claim.
Find yourself an experienced personal injury attorney
Before you further go through your claim, find yourself a lawyer who specializes in personal injury cases and has a track record of successful settlements and verdicts. Many personal injury attorneys offer free consultations. So, take advantage of this to find someone you trust and feel comfortable working with.
It’s also recommended that you hire an attorney who’s familiar with local laws and court systems. Let’s say you’re facing personal injury claim in Baltimore. Baltimore’s unique legal landscape can impact your case, from specific statutes of limitations to particular jury tendencies. That said, choosing a local attorney from Baltimore, Maryland, can potentially give your claim an edge as they’ll have better insights into these nuances.
Gather evidence
Once you’ve received medical attention and hired the right attorney for your specific needs, it’s time to start gathering evidence. The more evidence you have to support your claim, the stronger your case will be.
Take photos of your injuries, the accident scene, and any property damage. If there were witnesses, get their contact information, too. Your attorney will also help you gather the right evidence and complete it so you can also focus on your recovery.
Beware of insurance companies
Insurance companies are in the business of making money, which generally means minimizing payouts on claims. So, when an insurance adjuster contacts you, be polite but cautious. As much as possible, don’t give a recorded statement or sign any documents without consulting a lawyer first. Note that insurance adjusters may use your words against you to reduce or deny your claim.
Calculate the damages
To win your personal injury claim, you need to understand its true value. This includes both economic and non-economic damage. Economic damages are calculable costs like medical bills, lost wages, and property damage. Non-economic damages, on the other hand, are more subjective and may include emotional distress and loss of enjoyment of life.
Track these factors to ensure you’re seeking fair compensation. According to a study, the median award of compensation for personal injury cases was USD$31,000. However, this figure can vary widely depending on the specifics of each case and how comprehensively damages are calculated. (2)
Also, don’t forget to consider future expenses related to your injury. Perhaps you need ongoing medical treatment or rehabilitation or have a reduced earning capacity due to your injuries. An experienced personal injury lawyer can help you estimate these future costs and include them in your claim.
Prepare for a long process
Winning a personal injury claim often takes time. As per resources, some cases are settled in as quickly as 30 days, while others can take months or even a year to resolve. (3)
Thus, be ready for a potentially lengthy process and don’t let impatience lead you to accept a low settlement offer. Your attorney will work to move your case forward as efficiently as possible while still fighting for the compensation you deserve.
Consider mediation or arbitration
If negotiations with the insurance company aren’t progressing, don’t lose hope just yet. Alternative dispute resolution methods like mediation or arbitration can offer a way forward. In mediation, a neutral third party facilitates negotiations between you and the insurance company, helping to find common ground. Meanwhile, arbitration takes a more formal approach, with an arbitrator hearing both sides and making a binding decision.
By choosing mediation or arbitration, you might resolve your claim more quickly and with less stress than a lengthy court battle. However, it’s crucial to discuss these options with your attorney to determine if they’re the right fit for your specific case.
Be ready for a possible trial
The U.S. Department of Justice reports that only about 4% to 5% of personal injury cases actually go all the way to trial. If yours is one of them, you should be prepared. Your attorney will help you understand what to expect and how to present yourself in court. They’ll also prepare you for potential cross-examination by the defense attorney. (2)
Parting thoughts
By following these steps and working closely with an experienced personal injury attorney, you’ll be well-positioned to win your personal injury claim. But remember, each case is unique, and there’s no guarantee of success. However, being proactive and organized can give you the best possible chance of achieving a favorable outcome.
References:
- “Injuries and Violence”, Source: https://www.who.int/news-room/fact-sheets/detail/injuries-and-violence
- “Personal Injury Settlement Amounts Examples (2024 Guide)”, Source: https://www.forbes.com/advisor/legal/personal-injury/personal-injury-settlement-amounts/
- “Starting a Personal Injury Claim”, Source: https://www.findlaw.com/injury/accident-injury-law/first-steps-in-personal-injury-claim.html
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