A personal injury claim checklist can help you get ready to talk to a Philadelphia personal injury attorney about your personal injury lawsuit, help you keep your evidence organized during the process, and make sure you have the records you need close at hand if they’re needed after your settlement has been awarded.
A checklist can make any personal litigation easier, but especially with personal injury cases, which can be complex, it’s a vital tool to make sure you’re ready to protect your rights. Refer back to our personal injury case management checklist regularly to ensure you have the documentation you need to gather on an ongoing basis.
Proving Your Personal Injury Case
Your personal injury case checklist helps make sure you have the evidence your lawyer needs to structure your claim for the best results. Everything on the checklist will support either one of the three factors you need to prove for a successful personal injury claim or serve as documentation to support the damages being requested as compensation. Your personal injury claim must show:
- You were injured. – This sets the basis for your claim of damages. A harm was done that needs to be redressed.
- The defendant(s)’s actions led to your injury. – In order to prove liability, you need to show this was the proximal cause of your injury, and without these actions, you would likely not have been injured.
- The defendant had a responsibility to act in a way that would have prevented this injury. – You have the right to an expectation of safety when driving your car legally on a public road, shopping in a store, or going about your life in a public space. When the defendant doesn’t uphold these expectations with responsible actions, injuries can occur.
Once these three factors are proven, then evidence is needed to support your compensation demand.
- The full extent of monetary and nonmonetary damages incurred as a result of the injury. – This includes real financial costs, such as lost wages and medical bills, as well as other damages, like pain and suffering.
The Personal Injury Case Checklist
Every personal injury case is different, so every personal injury case management checklist may have additions recommended by your attorney to help provide a more complete picture. These items will be needed for almost every personal injury case:
- Medical Records – These documents do double duty in showing your injury and its extent to both prove the harm done to you and help justify the compensation amounts you’re asking the court to award. This can include emergency room records, surgeon’s notes, x-rays, therapy notes, and more.
- Accident Reports – An accident report is usually filled out by the defendant, their representative, or an outside authority, such as a safety inspector, after a personal injury is reported. The accident report contains pertinent information about the incident and the context surrounding it. It can also detail witnesses, adverse conditions, and the presence of important evidence your lawyer will need.
- Surveillance Video – Many properties use cameras to help monitor their property for security and safety. When going over your personal injury case checklist, make sure you have contacted relevant parties about video evidence. Inside structures, this will often be cameras controlled by the defendant, but for incidents outside, neighboring properties may have cameras that captured the accident, even if the defendant does not.
- Policy Documentation – While laws are a matter of public record, the policies businesses or facilities adopt may not be. If a policy led to an unsafe condition or someone not following a policy led to the accident, this documentation could help prove liability.
- Medical Bills and Insurance Statements – Medical care is expensive. The bills you receive document the charges you incurred as a result of the accident. Meanwhile, the insurance statements will be needed to calculate the amount insurance has paid. After a settlement, you will need to reimburse your insurance carrier, so it is vital these amounts are included in the total.
- Wage Statements – Paystubs and income statements can help document the money you were making on a regular basis before the accident. This sets a baseline when seeking compensation for lost income as a result of the accident. For those who have non-traditional employment, such as “gig workers”, you may need to show several months or longer of income proof as part of your personal injury case checklist.
- Incidental Costs – Recovering from an injury is a complex process. In addition to medical care, other expenses can add up. Transportation fees, therapy costs, additional childcare expenses, and hotel stays that result from your need for care following an accident should be included.
- Journals, Blogs, Photos, and Vlogs – When talking about the effects of pain and suffering or the change in lifestyle forced onto an accident victim by their injury, financial statements may not capture the full impact. Someone’s thoughts in their own words on the effects of their injuries, photos that show the life they led versus the life they now struggle with, or videos that capture limitations they’re facing due to physical or mental suffering can help show the damages that aren’t captured on a balance sheet.
Work With An Experienced Personal Injury Attorney
At Anapol Weiss, your case becomes our cause. Your Philadelphia personal injury lawyer will work to understand the specifics of your injury and the challenges you face on your long road back to health.
Get started with a free consultation that gives you a chance to explore your options to move forward, protect your rights, and get the financial compensation you need to begin recovering and rebuilding. Contact Anapol Weiss today.