Suffering an injury after a car accident or a workplace incident is one of the worst experiences a person could go through. You have not only your physical injuries and recovery to worry about but also the complications of trying to win a personal injury claim if the other party was at fault. If that is the case, then you are entitled to compensation. Problem is, insurance companies aren’t known for being generous when it comes to awarding compensations. This is true even if their client was at fault. These tips will help you win a personal injury claim. (Image Credit: Sang Hyun Cho/Pixabay)
Gather Evidence
One of the first and most important things that you need to do is gather evidence, which will come quite in handy in the future, especially if the case goes to court. After attending to your injuries, you need to take photos and/or videos of the crime scene. In a road accident, show the positions of the cars. Or, with a workplace incident, photograph where you suffered the injury. Wherever the accident happened, document the scene. It also helps to collect witness contact information. This provides the ability to each out in case you need their testimony. Last but not least, try to get a copy of the preliminary police report. This document has the officer’s insight about the scene which also might prove useful.
Get Medical Care
Even if you don’t feel that your injuries are that serious, you must seek medical care as soon as possible. You might be suffering from internal injuries that you know nothing about. And if that is the case, your life might be in danger. Moreover, you need the doctor’s report right after the accident since it will document any injuries you might’ve sustained. That report will be quite important in determining the value of the compensation you’ll get. If you wait too long to seek medical care, opposing lawyers might claim that you sustained your injuries at another time and place.
Hire Personal Injury Attorneys
This is arguably the most important step in your quest to win a personal injury claim. You can’t hope to win against insurance companies on your own. Furthermore, you can’t just hire any lawyer to represent you. As explained by Oberheiden Law, you need to have experienced personal injury attorneys representing you because their experience will prove invaluable in such cases. They know how to handle negotiations with insurance companies and the best way to get you fair compensation for your troubles. Experienced personal injury attorneys also know the relevant laws in these cases. They also have litigation experience that will prove valuable should the case go to court.
Don’t Discuss the Case
If you ever find yourself involved in a personal injury claim, you mustn’t discuss the case at any time with anyone but your attorneys. For starters, you should never admit fault at the scene of the accident. Also, never discuss the case with the other party. You might not know it, but you could accidentally admit fault in front of witnesses even if it is the other party’s fault. You should also never discuss the case with the other driver’s insurance company without your lawyer’s present; insurance companies have their ways and they could easily trick you into accepting liability. One more thing you should keep in mind is avoiding discussing the case over social media. Many insurance companies have staff scouring the internet in search of evidence that can be used against you. Don’t give them any.
Don’t Give in
Insurance companies can employ a myriad of tactics to try and get you to drop the claim as soon as possible, starting with offering you less money as compensation, hoping you’d be too eager to get the case over with so you’d accept. In such cases, if you do the math, the compensation they are offering wouldn’t be enough to cover your medical bills, let alone lost wages, repairs, and other relevant expenses. In these cases, it is your lawyer’s advice that should be the reference. If they tell you that this is the best that you could do and you should settle, then perhaps you should consider settling. If they tell you that you can get much more money if you fight on, then follow their advice.
You should also never succumb to social pressure or embarrassment out of being involved in a compensation claim. A lot of people find it embarrassing to be involved in such claims and they want the case to be over with as soon as possible. Yet, there is no shame in being involved in compensation claims. If someone was negligent in any way and their negligence caused you personal injuries and emotional suffering, then you are entitled to compensation, no matter what anyone says.
Don’t Fear Courts
In personal injury claims, it is quite normal that you feel the pressure of a possible trial looming over your head, but you shouldn’t indulge in that stress. Most personal injury claims don’t go to court and are settled between both parties. Yet, the other party needs to know you mean business and you’re willing to take the case to court if they don’t settle. This is why you should never show fear of going to court because the insurance company will use it to their advantage. Your lawyers, on the other hand, will have more confidence during negotiations if they know you have no problems in going to court to claim your rights.
Of all the previous tips, nothing is more important than hiring the right personal injury attorney. They will guide you through every step of the process until you are fairly compensated, and they won’t charge you any money until you win the claim –– most personal injury attorneys work on contingent fees, meaning they get paid only if they win. In other words, it is in their best interest that you win the claim. So, trust your lawyers and let them handle the case for you. When it is time to settle or go the extra mile, follow their advice.