Being in any accident is a very traumatic event, both physically and mentally. Navigating the aftermath of said accident can be equally, if not more difficult – and thinking about personal injury laws could not be any farther from anything you would probably imagine. In truth, however, it is something you must take into account, since any errors you make could end up costing you.
Navigating the aftermath of a personal injury includes several factors, from proper collection of evidence to taking the right medical decisions. Below, we will explain how you can make the best of your situation, regardless of where you are in your case’s timeline.
Do Not Overlook Medical Attention
Most people end up overlooking the necessity of getting adequate medical attention. If you have been in an accident, you must get treatment, even though you might feel fine and/or have sustained small injuries. Remember, your “feeling fine” might be the result of the adrenaline and things could be much more serious. Only a medical professional will truly be able to assess your injuries and offer a legal diagnosis. Not having this could seriously alter the authenticity of any claims you make
Yet another mistake is to not follow-up on any therapy or treatment you might have been prescribed. Following up on these things could show that you are dedicated to getting better. Not going for a doctor’s appointment or taking your medicines might make it seem like you are overstating your injuries. This could end up lowering the compensation.
Make sure to keep a file with every receipt, bill and medical records – these are what will constitute evidence in favor of the claim. They will act as proof of spending and will show how much you suffered – a highly important element when you try to negotiate a settlement amount.
Make Sure To Have As Much Evidence As You Possibly Can
Being in an accident can stress you enough to not care about anything other than survival. But in reality, the first – and most important – thing you need by your side is proper evidence. To ensure this happens, you will need to also make sure that you collect evidence at the right time and in the right way. The best practice here is to take evidence regardless of when you make your claim. Make sure than you have taken photographs of the accident scene, of any and all injuries you may have sustained, as well as damage to property. Remember, the more you document, the better your chances will be to get a claim.
Aside from this, having an eyewitness statement can really cement the case in your favor. If you find people having seen the accident with their own eyes, make sure to ask for their contact information. Having their statements at your trial would be a symbol of authentication like no other, as they can corroborate the version of events you state and make the case straightforward.
Yet another underrated-yet-highly-useful step is to record your experience. If you journal your daily experience with regards to your injuries, the stress you feel and how your life might be affected, it can help substantiate non-tangible elements like pain, job loss, lack of mobility etc.
Speak With Your Attorney Before You Speak With The Insurance Adjuster
Many accident victims have been known to make the mistake of speaking with insurance representatives before they do with their attorneys. While insurance professionals often sound friendly and appear to be on your side, they are in fact dedicated to lessening their payout as far as possible. If you speak without recourse, they can use your statements against you – even if your intentions were sincere.
The best thing to do here is to communicate with the insurance companies through your lawyers. And if you do have to speak with insurers, make sure to keep to the hard facts.
Avoid Over – Or Underestimating The Value Of Your Case
One of the most frequently occurring mistakes when it comes to personal injury cases is overestimating or underestimating them. Despite their intentions, several clients end up falling for this, and as a result end up getting a claim not suited to the extent of their damages.
There is a lot more to understand than medical expenses. There are many factors that constitute compensation – from job and wage loss to rehab, and from future expenses to emotional damages.
Having a lawyer by your side can help you get a settlement sum that you truly deserve. Lawyers can also help with negotiations, and circumnavigate the initial settlement offer, which often tends to bait claimants for a lower amount.
Don’t Defer Any Legal Action
When it comes to a case involving personal injury, time is everything. There are an astonishing number of people who wait before pursuing the matter legally. This has a negative impact on their situation, since there is a statute of limitations, and crossing them will prevent the case’s validity.
The process of gathering and presenting evidence is one that requires time. Therefore, the faster you take action, the farther you remain from the statute of limitation, and the better chances it would make for your lawyer to collect the evidence and make a solid argument. Taking immediate action will also demonstrate your sincerity, which is always a positive during negotiations.
Last but not least, deferring action can affect the quality of witness statements. People’s memories tend to fade as time passes, which reduces the reliability of testimonies over time. Taking swift action helps prevent this.
Don’t Overlook The Emotional Repercussions
Most people speak of things like job loss, medical expenses or even rehab when it comes to compensation. However, there is more than that to it. Take emotional stress, for instance, which can greatly affect one’s life’s quality. Depression, anxiety and enjoyment loss are some of the many ways in which this can happen.
When consulting your lawyer, make sure that you discuss these issues. Your attorney can help you create documentation (such as a journal) that will detail the effects on your day-to-day life, which can be used to help authenticate your claim.
Hire An Attorney & Trust Their Judgement
Many people tend to believe that they do not require an attorney, and that they can manage the case on their own. Although not impossible, doing this can pose a major risk in terms of denied claims. Having a lawyer on board can help with negotiations, handling legal situations and even going to court when required.
Many attorneys are known to be experienced in getting claims, understanding best practices when it comes to insurance, avoiding evidence presentation pitfalls. Without a doubt, this can help you take the best possible action to authenticate and even maximize your claim. Not having legal guidance can lead to you missing out on getting your deserved compensation.
Avoid Accepting A Quick Settlements
Personal injury cases are sensitive, especially for the injured party. In light of increasing bills and mental pressure, one might be tempted to pick up the first available settlement offer. This is often a bad decision, since it eliminates any room for negotiation and nullifies any possibility of re-opening the case, should the situation get any worse later.
Make sure to consult your lawyer – they can help better understand the impact of your injuries, along with any medical requirement you may have down the line. Attorneys can also carry on the negotiation on their client’s behalf, to help them get a settlement amount which takes into account losses beyond the physical and the immediate.
Maintain Your Documents
Having a rigorous stack of documentation is important for any type of case, and personal injury cases are no exception to this rule. Make sure that you have every record of any and all treatments, expense receipts, and any other related correspondence documents. All of these will help with authenticating the claim. Moreover, having an organized stack of records will function as evidence of your sincerity as a claimant.
Yet another important (yet often overlooked) type of document is the one that works as evidence of job or income loss. Employer-issued letters, tax returns and pay slips can help show the long-term impact of one’s injuries, in turn strengthening the case.
Consider The Impact In The Long Run
The repercussions of Injuries go beyond their immediate impairment. One might not feel like it at the time, but these injuries can end up having effects that could last months – or even years. Taking account of immediate requirements does help, but ultimately does not justify the costs involved in the long run.
Make sure to have a thorough talk with your doctors to get an understanding of the effect of your injury(ies) down the line, and its potential impact on you, your career, your lifestyle and those around you. This will help you include factors such as rehab, follow-up expenses and job loss.
To Conclude…
Dealing with personal injury cases can be very intimidating and confusing. However, having a knowledge of the common pitfalls and staying away from making basic mistakes can go a long way in helping you succeed. Make sure that you document all medical records, keep a rigorous evidence log, and use the best possible legal advice available to you at all times. Simply keeping yourself informed and staying proactive will help inch you closer to getting a settlement which will best weigh out your losses and subsequent requirements. Remember to stay close with your lawyer, and keep an open line of communication with them. This will help make a major positive change in the case’s ultimate result.