Injuries have the potential to change your life whether it’s by changing your mobility or your financial situation. What many people misunderstand is that injuries are only life-changing if they involve broken bones or surgery. Take, for example, two people involved in a car accident. One victim walks away with minor physical injuries. That person doesn’t require any surgery or lengthy hospital stay. The other person is paralyzed from the waist down, and he requires a wheelchair and special accommodations for the rest of his life. It might seem to many that the victim who is paralyzed is the only one who suffered any severe injuries.
However, the first victim now has nightmares about the accident. He cannot get into a car and drive. He cannot ride in a car due to the severe anxiety he developed because of the accident. Not all serious injuries are visible, and that is the most important thing to remember when you’re dealing with a personal injury case. The professionals at Perth Car Accident foylelegal understand some of the most serious injuries are the ones that cannot be seen with the naked eye. This is why there are a few things you must have in order before you file a personal injury lawsuit.
Prepare Your Injuries and Medical Records
You cannot file a personal injury claim if you are not injured in some way. Not all injuries must be visible, but your injuries must be medically documented. Before you file a claim, see a doctor. No judge is going to award you any damages because you say you have injuries if you didn’t receive medical attention for any of them. This might mean medical records from the day of the accident that caused your injuries. Did you get checked out at the hospital or by your primary care doctor?
Have you developed anxiety or other issues because of the accident? If so, you may be seeing a therapist or other doctor for these issues. It’s important you’re able to gather and provide medical records that provide proof you are injured. Remember that not all injuries are visible, but all injuries must be documented by a medical professional as proof.
It’s not enough to call the insurance adjuster and file a personal injury claim. You should first speak with an attorney about your rights. How does a personal injury claim work? What do you need to prove? Your attorney can help walk you through this process with understanding and knowledge.
First, you must prove there was negligence. You cannot file a personal injury lawsuit if you are to blame for the accident that caused your injuries. For example, if you ignored signs about a wet floor and ended up hurt, that’s not anyone’s fault but your own. On the other hand, if you were walking through a store and no one warned you that the floors were wet after a fresh mop, someone else was negligent. They had the duty of care to provide you with fair warning that there could be danger, and they neglected to do that. This is a breach of their duty of care, and this is grounds for a personal injury claim.
You must also know what kind of damages are appropriate for your case.
– Medical bills
– Lost wages
– Diminished earning capacity
– Loss of consortium
– Emotional damage
There are many things that might pertain to your accident, but you cannot ask for damages in every category. For example, if you were involved in an accident and you weren’t able to work for three weeks because of your injuries, you can ask for damages to make up for the wages you lost not being able to work. If your injuries prevent you from going back into the same line of work, you may have to find work in a lower-paying industry. You can ask for damages that include diminished earning capacity in this situation.
You cannot ask for loss of consortium damages if your injuries did not affect your ability to live a normal life with your partner. However, you may not know these things without first discussing your case with an attorney. Personal injury claims are complex, and your attorney is here to walk you through everything you need to know.
Gather All Evidence
Do you have anything that stands as evidence? If you do, gather it. Print photos, obtain copies of witness statements, gather medical records, and write down what happened to you. This helps ensure you don’t forget any pertinent details before you tell your story again. You need all the evidence possible to present in case your claim goes to court.
Prepare to Decline Offers
If you’re filing a personal injury claim with an insurance company, you must prepare yourself to reject at least one offer. Insurance companies want to get away with paying you as little as possible. However, you deserve more. They will show up with the lowest possible offer, and it’s your job to take all the information you prepared and ask them to try again. They may make a secondary offer that still seems low to you. In fact, you may not be able to ask them for what you want because your settlement offer might include a lifetime of medical expenses based on the severity of your injuries.
If your settlement negotiations don’t work, it’s time to engage an attorney to go through with a lawsuit. Your personal injury claim is not a lawsuit, but it might be a starting point. You may need to take your claim to court to ensure you get the best possible settlement. Accepting too little could leave you in a financial bind in the future. Someone else’s negligence changed your life dramatically. You aren’t responsible for picking up the pieces and living a low-quality life because someone else made a mistake. You have rights, and those rights are available to you if you ask for them.