To assert and then win a personal injury claim, you must prove negligence (duty of care, breach of that duty, causation and damages). To help prove your claim, document your injuries and damages with medical records and bills, wage loss documentation such as paystubs or tax returns, photographs, and witness statements.
1. Document the Incident Thoroughly
- Gather evidence: At the scene, if safe and possible, take photos and videos of the accident, the cars and property involved/damaged, your injuries, and the surrounding area.
- Collect information: Get contact information from any witnesses and obtain their statements while their memory is still fresh. If you are able, get the witness to write out and sign a statement while still at the scene. Do not rely on law enforcement to do this.
- Obtain reports: Get a copy of the police report for a motor vehicle accident or an incident report if you suffered injuries while on someone else’s business property.
2. Seek Immediate and Ongoing Medical Treatment
- See a doctor promptly: Get an immediate medical evaluation for your injuries, even if they seem minor.
- Follow all medical advice: Adhere to your doctor’s treatment plan, including any recommended physical therapy.
- Document injuries: Medical records are crucial for documenting the extent of your injuries and the resulting damages.
3. Prove Negligence
- Establish fault:
You must prove that the other party’s actions or inactions were negligent and directly caused your injuries. There are various kinds of evidence for doing this, as discussed below.
- Gather evidence for liability:
As noted above, evidence like police reports, photographs/videos, and witness testimony helps demonstrate the other party’s fault.
4. Build Your Case with Documentation
- Keep detailed records: Maintain a journal of the accident, your injuries, and how it has impacted your daily life. Also, maintain a calendar of medical treatment received, including dates and provider, as well as generally listing the type of treatment.
- Track expenses: Document all your lost wages, medical bills, and other expenses related to the injury.
5. Consult an Experienced Attorney
- Get professional guidance:
An experienced personal injury lawyer with at least 10 years of experience can help you understand the legal process, gather evidence, and build a strong case. Trying to handle a claim on your own can and likely will cause you to lose money that you would have received had you retained a competent and experienced personal injury attorney.
- Avoid saying too much:
Be careful what you say to the other party’s insurance adjusters, as they work for the other side and may try to get you to admit fault or trip you up in some other way.
6. Navigate the Settlement Process
- Don’t accept the first offer:
Insurance companies aim to pay as little as possible; do not accept their initial settlement offer as they almost always have room to negotiate. They throw out a number to see if you will take it; when, in reality, they have likely valued the claim higher.
- Know the value of your claim:
An attorney can help you understand the true value of your damages, which can include not just out-of-pocket costs but also physical and emotional suffering. If you do not understand what you are doing, you should at the very least consult a personal injury attorney and likely should retain one since there are no upfront fees and costs for retaining a personal injury attorney. If you look at the statistics, you can easily find out that a personal injury attorney will pay for himself or herself because they know the actual value of your claim and know the games that the insurance companies pay.
Key steps include seeking immediate medical attention, thoroughly documenting the accident scene and your injuries, hiring an experienced personal injury attorney to help prove your case, carefully following all medical advice, avoiding social media posts about the incident, and never accepting the first settlement offer from the insurance company, especially without consulting a personal injury attorney.