It can be terrifying and upsetting when someone else’s negligence causes you harm. It affects you physically, emotionally, and financially. Depending on the severity of the harm, you may find yourself constantly moving between doctors and hospitals.
“The potential complex legal battle can even make things more depressing. If you are not certain of your legal standing or rights, you may begin to doubt the validity of your claim. Hence, it is crucial to familiarize yourself with this complex process before an accident happens,” says personal injury attorney Luis Martínez of La Justicia P.C.
This blog highlights the critical factors that can make or mar your personal injury claim:
Table of Contents
Understanding the Legal Backgrounds
Personal injury law is the foundation of every personal injury claim. It identifies the guilty party in an accident scenario and the damages that the victim can seek.
Negligence is a central concept in personal injury law. To prove negligence, you need to show that the defendant acted negligently or recklessly, which resulted in your injury. The law expects you to demonstrate duty of care, breach of duty, causation, and damages to prove negligence.
Another legal foundation for instituting a personal injury claim is the statute of limitations. You must file your claim within a given timeline or lose the right to hold an at-fault party responsible. Personal injury attorneys are familiar with the deadline in their jurisdiction and know how to meet it.
Documentation and the Potency of Your Evidence
Every personal injury claim relies on evidence. As said earlier, the law requires you to prove your claim against the defendant. In other words, your claim is invalid if it is only based on assumptions.
You need evidence and documentation to build a valid claim. Once you contact an attorney, they will focus on how to gather evidence for your case. They may visit the accident scene for physical proof, speak with eyewitnesses, and analyze medical records.
They may also request police reports, involve expert witnesses to clarify technical aspects and present video footage of the incident. The essence of gathering sufficient evidence is to reinforce your narrative and prove the defendant is responsible.
It is also essential to preserve your evidence. Weakened evidence is as good as nothing. For instance, if you wait for too long before visiting a healthcare facility, the defendant may argue that your injury is not as severe as you claim. You should also take photographs of the accident scene immediately, before anything changes.
You must never forget that the validity of your claim is based on the potency of your evidence. Therefore, there is no price too costly to pay for gathering and preserving your evidence.
How Comparative Negligence Comes to Play
Sometimes, you may contribute to the circumstances leading to your harm. When this happens, it is essential to understand how the principle of comparative negligence works to navigate the situation effectively.
Comparative negligence involves assigning a degree of fault or blame to the parties involved. The compensation you are entitled to will be reduced based on the degree of your guilt. For example, if you are 30 percent guilty, your damages will be reduced by this percentage.
You need to involve an attorney who can help you argue convincingly why the other party should bear the majority of the blame. You must also provide evidence pointing to the defendant being more responsible for the incident.
If you allow the defendant to turn the table against you, your claim becomes invalid. For instance, some states do not allow injured parties who are 50 percent responsible for an accident to file a claim against another party.
The Place of Insurance Firms
You rely on insurance companies to recover compensation for a defendant’s fault. But remember, insurers are in business to make profits. They will not honor your request without challenging your claim. They will try to downplay your injuries and losses and can even blame you for the accident.
If you lack legal representation, they will cajole you into accepting a low-ball offer, pretending to care for you. Insurance adjusters will deploy all manipulative tactics to offer you an insufficient amount, and once you accept this offer, you can return to them for more.
They will tell you that you do not need an attorney and that you should channel the attorney fees into your medical bills. If you follow their ill-advised counsel, you may eventually regret it.
How Medical Care and Record-Keeping Affect Your Claim
You must promptly visit a healthcare facility after an accident if you want your claim to be valid. It shows you prioritize your well-being and care for yourself. You might have sustained internal injuries that will take some time to manifest.
When you visit the clinic immediately after an accident, the physician can properly document your injuries and treatment process. It will be easy to create a connection between the incident and your harm. When you ignore medical care, you invariably puncture your claim.
You need comprehensive medical records and receipts to prove the consequences of the accident on your health and finances. They determine the severity of your harm and the amount required for restoration.
The Impact of Legal Representation on Your Personal Injury Claim
It is risky to handle a personal injury claim without an attorney’s guidance. You may get stuck, and by then, it might be too late to enjoy a lawyer’s advocacy. When you engage a reputable attorney, they can make a significant difference in your case.
If your case is complex and the stakes are high, it is advisable to involve an attorney. They can help you develop legal strategies and techniques that will change the tide of your case.
You also need an attorney to defend your rights, negotiate a fair settlement, and offer you informed counsel as the case proceeds. They guide your utterances and actions, ensuring you do not get involved in anything that can invalidate your claim. If the case proceeds to trial, they will help with documentation and courtroom representation.
Final Thoughts
If you want your personal injury claim to succeed, you must consider the factors highlighted in this piece. Ultimately, it is essential to understand personal injury law and act accordingly. However, your most significant relief is to involve a personal injury attorney who understands the demands of the process.
Your attorney will guide you through the process and advocate your interests. Their ultimate aim is to help you recover fair compensation from an at-fault party.
