Accidents happen when you least anticipate them. If you have been injured due to someone else’s negligence, you can be entitled to receive monetary compensation. However, the process of receiving the compensation you are legally entitled to is not always as straightforward as filling out a claim and receiving a check in the mail. Despite what seems to be a cut-and-dry case, there are things that you must do in order to accumulate the most amount of money.
From obtaining evidence to representing yourself with the right attorney, here is the ultimate guide that will help make your case stronger and ensure the best outcome.
Obtain Firm Evidence, including Witness Testimony
The more evidence you have, the better your case will be. Even if you do not require witness testimony for a case at law, witness testimony can greatly corroborate your case.
- Find Witnesses: If the accident was witnessed by a person, ask them to provide a statement. Their testimony could confirm you were not at fault.
- Police Reports: If the police arrive on the scene, get a copy of their report. It may serve as an objective account of what happened.
- Photos and Videos: Photograph the accident scene, property damage, visible injuries, and any traffic signs or conditions involved in the incident.
Get Medical Attention Immediately
Even if your injuries look minor, a visit to the doctor or hospital must be on your first list of things to do. Not only is it healthy for you, but it also provides medical records that can be used as evidence in a court case.
- Medical Records: These record the extent of your injuries and the kind of treatment required.
- Doctor’s Testimony: A physician’s statement regarding how your injuries impact your day-to-day life can support your claim.
- Regular Treatment: Attend all follow-up appointments and adhere to medical treatment, as lulls in treatment might be used by insurance providers to reject your claim.
Obtain the Best Lawyer for Your Case
Lawyers are not identical. Getting a lawyer with expertise in cases such as yours is critical to success.
- Specialized Attorneys: Find attorneys who specialize in personal injury law or your specific type of accident (e.g., car accidents, workplace injuries, slips, and falls).
- Proven Record: Look at their past cases and client testimonials to see their success rate.
- No Win, No Fee Arrangements: Some lawyers work on a contingency fee basis, meaning they only get paid if you win your case.
Act Promptly – do not wait to make your claim
Timing is of the essence when it comes to filing a claim for damages. Most states have laws of limitation that set a time period in which you must pursue action. You may forfeit your right to damages if you delay.
- Know Your Time Limits: Depending on where you reside, the time period to file a claim ranges from a few months to a couple of years.
- File As Early As Possible: The sooner you file, the fresher the evidence will be, and the better your case will stand in court.
Be Careful with Social Media
Anything that you post online can now be used against you when you appear in court. Insurance companies and defense lawyers continuously scan social media for evidence to dispute claims.
- Do not Post About Your Case: Posts as innocent-looking as “Here is what we are doing at work today.” can be twisted.
- Do not Post Pictures of Activities: In the event you are claiming significant injuries but your photos show up at the gym or on holiday, it will hurt your case.
- Adjust Privacy Settings: Since this is not foolproof, limiting public visibility to your content can provide some degree of cover.
Document All Injury-Related Charges
The effective compensation claim would encompass all monies lost from your injury. This is more than medical fees—it encompasses whatever expense is relevant to your rehabilitation.
- Medical Fees: Hospital bills, prescription charges, therapy costs, and rehabilitative expenses.
- Lost Income: If your injury keeps you away from work, document lost pay.
- Future Financial Losses: In the event your injuries lead to permanent disability or loss of earning capacity, your claim must accommodate future financial hardship.
Consider Negotiation Rather Than Trial
Most compensation claims are settled without trial. A fair settlement can save you time, lawyer costs, and the uncertainty of a trial.
- Know Your Case’s Worth: Get to know the highest compensation you are entitled to so that you do not get paid lower.
- Let Your Attorney Negotiate: Your lawyer can negotiate on your behalf and insist on a higher payment.
- Be Prepared for Trial: If the settlement value is not acceptable, do not shy away from taking the case to a court of law.
Conclusion
Winning a compensation claim is not merely a matter of proving fault—it is a matter of proving a solidly documented case, acting quickly, and obtaining the proper legal professionals involved. By doing things in this manner, you will improve your chances of winning the payment you deserve.