Everything You Need To Know About Making A Solid Personal Injury Case

2.35 million people are injured or disabled in car accidents in the United States every year, and if you’re one of them, then you’re probably going to have a tough time ahead.
Imagine, after such an accident you’re on a hospital bed, and everything looks bleak – and it’s much more than just bland food, or the physical pain you have to endure.
Surviving in this expensive economy is pretty tough, and a serious accident could affect you for life, and also impact your ability to work and earn a steady income. This makes it all the more important for you to fight for justice and your right to fair and just compensation.
As the aggrieved party, you deserve to be paid a settlement amount to compensate for any losses incurred to you by the perpetrator. You can apply for this settlement through a personal injury lawsuit.
However, personal injury settlements can be very hard to negotiate, and people often end up receiving far less payout than they deserve. This is because lawyers and insurance providers of the other party can be a nightmare to deal with; they typically want to save their client as much money as possible and would try to settle for as little as possible.
If you find yourself in a situation like this, know that only an experienced personal injury (PI)lawyer can help you navigate through your lawsuit, and get you the fair settlement that you deserve.
Here is everything that a personal injury attorney can do for you:
Gather Evidence And Strengthen Your Case
Evidence is key to a personal injury claim and is potentially what makes or breaks a case.
Your PI lawyer can help you accumulate evidence to strengthen your claim, and get a higher payout to meet all your expenses.
A solid personal injury case can successfully prove the following:
- The perpetrator was the only party at fault, and you shared no-fault
- You were done significant harm due to the perpetrator’s actions
- The accident can potentially harm you in the long term
It is important to thoroughly comb through all aspects of the incident and focus on any details that could help you win your case. This may be difficult to do for you on your own, especially considering the stress that you, as a victim, are currently experiencing.
Personal injury lawyers, however, can help you do all of this; remember, they are trained professionals who deal with such matters on a daily basis and have set processes to extract information that is relevant to your case.
First, personal injury lawyers can start off by taking your intake. This is an interview, or a series of interviews, that your lawyer will conduct with you so as to get your account of the incident.
Other evidence that your attorney can use to strengthen your case includes:
Medical Records
Your personal injury attorney will attach all relevant medical documents to your case files that prove:
- The extent of the injuries sustained, and
- The cost of healthcare
Witness Statements
Eyewitness accounts are a great way of proving whose fault the accident was.
Photographs
Photographs are a good way to provide visual evidence of the scene of the accident. Pictures that depict bloodied or torn clothing, injuries, skid marks, damages to your car, etc. can leave a visual impact, and make your case stronger.
Incident Reports
A good way of ensuring your personal injury claim is airtight, is by including police and news reports.
These reports are a good source to collect eye witness accounts since media sources and police often take such testimonies in their reports.
Driving Records
While you may not have thought of this, a good way of strengthening a claim against the other party, and tipping it in your favor, is by determining patterns.
Lawyers can use public documents, such as driving records in the case of an automobile accident, to prove how the perpetrator has shown a pattern of such behavior in the past.
Negotiate For A Good Settlement Amount
Now that your lawyer has established a strong claim for you, a series of negotiations and revisions will take place to decide the correct payout amount.
Remember that insurance companies and lawyers of the defendant are going to try their best to discredit your case, and settle for a minimal amount.
You, as a layperson, can be tricked into agreeing to a less than fair settlement amount; however, seasoned lawyers use a combination of your medical bills, future expenses, income lost due to the accident, etc. to calculate the right amount of settlement, as per the extent of the damage.
Important factors that are imperative to calculating a settlement are:
Hospital Bills
Your lawyer will calculate your medical expenses and apply a multiplier to determine how much damage was done to you.
For example, your hospital bills can include:
- Chiropractic bills
- Surgery bills
- Therapy bills
- Long term treatment bills
Property Damages
Damage done to your automobile will also be factored into calculating the settlement.
As per NHTSA, in 2013 the average auto-liability claim was at $3,231, and your lawyer will ensure that these damages are paid by the perpetrator to you.
The long term effects of property damage, such as the need to now use public transport or taxi service as an alternative, can also be used to determine how big of a payout is fair. The monthly cost of commuting through cabs can range between $722 and $2059, depending on your city, and a PI lawyer will know to factor this in.
Lost Earnings
In 2012 alone, loss of work due to injuries caused by car crashes was approximately worth $33 billion.
An attorney will also take account of the potential loss of a job, or wages due to the extent of physical injuries as a result of this accident, and make sure that you are not cheated out of a fair payment.
As the victim of a car accident, dealing with your financial situation and your emotional and physical health can be very hard – for both you and your family. The best solution: hire an experienced personal injury lawyer who can ease your burden for you in such testing times and ensure that you receive justice and a fair payout or settlement.
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