Knowing how to win your personal injury claim will not only help you ensure your rights to compensation are protected but also help you get the full compensation you deserve so you have the financial resources to continue your recovery. While it seems like the process should be straightforward, after all, you were injured and the liable party should compensate you, protecting your rights can be a complex task. Here’s how to get a settlement case started the right way and give yourself the best chance to win in or out of court.
Understand The Three Pillars Of A Personal Injury Case
When you build a personal injury claim to seek compensation, you need to stay focused and organized. Building a case that supports the three criteria for proving your right to compensation is how to win your personal injury claim. The three factors you need to be able to prove are:
- You were injured.
- The injury was a direct result of action or inaction taken by the defendant.
- The defendant had a responsibility to act in a way that would have prevented the injury but failed to do so.
As you gather your evidence, it should support one or more of these points. Once they’re proven, then the court will look at the extent of the damages done to you, but without these three criteria being met, your claim will not be successful.
Get Help From An Experienced Personal Injury Attorney
A Philadelphia personal injury attorney who has a track record of courtroom success can help you understand how to win your personal injury claim and get the settlement you need. The earlier you get your lawyer involved, the better it can be for your case. The defendant, their insurance company, or a representative may try to get you to issue a statement immediately after the injury or try to pressure you into accepting a settlement which is far less than what you’re owed.
Your attorney will explain the process of moving forward with a claim, how to win a personal injury settlement, and your options for protecting your case while you recover. They’ll advise you on your rights, speak to and negotiate with the defendant on your behalf, and fight for you in court if your case goes to trial. Making sure you have experienced legal representation can be a deciding factor in the success of and personal injury lawsuit.
Don’t Wait To Get Medical Treatment
Even if you don’t think your injuries are serious, being seen by a medical professional is more than just your right, it’s also a smart move. Being checked out can help spot injuries you may not feel immediately after an accident due to confusion or adrenaline. It also provides documentation, which is part of how to win your personal injury claim. If you are injured, the medical visit provides early evidence that links health complications to the accident.
As your immediate medical needs are satisfied and you move to a phase of treatment centered around recovery and recuperation, you have a responsibility to work toward improvement, and this includes seeking the appropriate continuing care. This continuing care also provides ongoing evidence of the injury, its continued cost in time and money, and the ongoing effect it has on your life post-accident.
Collect Your Own Documentation
While medical bills offer a clear representation of the money you’re being charged for treatment, that is often not the full extent of the damage you’ll deal with. Make sure to keep track of lost wages for the time spent at medical visits or recovering, transportation costs, and other charges which you would not have incurred without the injury. In addition, You’ll want to make a record of how any pain or suffering has affected your quality of life.
Pain and suffering can be hard to quantify because it doesn’t come with an easy, objective statement. It is incredibly personal and every individual experiences it differently. How to win a personal injury claim with pain and suffering damages is to be able to show documentation of your experience. This includes journals, diaries, photos, or videos that capture the effects of your injury or that show the difference between your lifestyle before and after the injury occurred. This can also include statements from friends and a look at extemporaneous accounts, such as those which may be found on social media, of your experiences or those of the people close to you.
Be Careful What You Say
Speaking of social media, it can be incredibly important or incredibly damaging to your case. Just as with seemingly innocent statements immediately after the accident, such as, “I’m okay,” or, “I should have been more careful,” social media posts can be used by the defendant against you in a court.
Make sure you aren’t making statements that could imply you are healthier than you are. Avoid disclosing communication between yourself and your lawyer or any proposed legal strategy. You are absolutely free to express yourself online or in-person however you see fit, but consider how it might be perceived by a judge or jury before you do so.
Let The Personal Injury Claims Process Work
In many instances, patience is how to win a settlement that is the best fit for your situation. The personal injury claim process can take months to complete, and during that time negotiations will likely include a range of offers and counteroffers.
It may be tempting to take a fast settlement, but that may not be the best choice for you in the long run. Your lawyer will fight for your rights and can help you understand the facts surrounding any communication or offer you receive so you can make the best decision for your needs.
Get a Free Consultation With a Personal Injury Lawyer Today
A free initial consultation is the first step toward pursuing your rights to fair compensation following a personal injury. Your personal injury attorney will work to understand the specifics of the case, set the expectations about the personal injury lawsuit process, and help you understand the next steps. Let us make your case our cause. Contact Anapol Weiss for experienced legal representation that knows how to win your personal injury claim today.