How to Win Your Personal Injury Claim

Maxwell Paderewski
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Maxwell Paderewski
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10.0Maxwell Teele Paderewski
State Bar of Texas
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If you have sustained serious injuries in a car accident, suing the responsible party can make or break your future. For this reason, it is very important for you to carefully learn and understand the factors in your case before filing a formal lawsuit. By doing so, you will be able to use professional legal assistance from a seasoned personal injury attorney. Your attorney will analyze your case and help you understand what is required to recover what you rightfully deserve.

Regardless of the severity, if you’ve sustained injuries due to another person’s negligence, your life has been substantially disrupted.  The healing process can be a devastating and frightening experience. In many cases, resolving your injury claims with your insurance company is a lengthy process. Many insurers will do whatever they can to deny you what you rightfully deserve. Having an experienced personal injury attorney is your best defense against an insurance company that refuses to adequately value your damages. By learning many of the aspects that revolve around the personal injury claim process, you will feel more comfortable with the process and likely obtain better results in your case.

What Is a Personal Injury Case or Claim?

A personal injury case typically refers to a scenario where one party is injured as a result of the negligence of another party. For example, if you are involved in a car accident and as a result, you have neck and back pain, broken bones, or permanent injury.  These physical harms are considered damages for a personal injury lawsuit.

If you are lucky to escape unhurt, but your car is damaged, you will have only a property damage claim, not a personal injury claim. But if you are injured, you will likely have both.

Things To Do To Help You Win Your Personal Injury Claim

Different attorneys will have different strategies to win an injury case. Each claim requires dedication and proper strategy. With the help and advice of your attorney, there is a lot the client can do to maximize their chances of success. Here are some of the major ways to create a solid foundation for your claim:

Collect All The Evidence

Evidence is the sole backbone of any legal tussle, and without it, you have no case. In a personal injury claim, you will have to prove two basic types of evidence before the jury. One, you must clearly show that another party was at fault, and secondly, you must have proof of the extent of damages that you have suffered. These two aspects can be proven by word of mouth, but hard physical evidence is always best. Therefore, you and your attorney should collect all forms of evidence such as:

  • Doctor’s reports
  • Medical bills
  • Eye witness accounts
  • Photos of the scene

Receiving the medical bills and records will likely be the responsibility of your attorney.  However, you should take your own photos of your visible injuries, as well as the property damage.  Additionally, you should keep a list of the people who know about your injury, and can attest to its severity.  Coworkers, friends, and family are best.

Strictly Adhere To Your Doctor’s Orders

When getting medical attention for your injuries, you are likely to be put on a schedule of doctor’s appointment to fully recover. You will also be expected to attend all appointments as directed by your doctor.  Failure to do so can and ill give the defendant an upper hand by showing that your failure to follow the doctors’ orders is proof that your injuries are not serious. If your physician advises you to refrain from heavy activities, and you continue to do them, it will be used to prove the mildness of your injury.

Your responsibility does not only stop with following doctors’ orders.  If you believe you need more medical treatment, or a second opinion from a new doctor, you need to communicate this to your lawyer or make the medical appointment yourself.  

Be Patient With Your Claim

Most of the people who fall victim to personal injury accidents often worry about their financial ability to cover their damages. Insurance companies use this worry to pressure victims into accepting low settlement offers. You may even receive a phone call from the insurance company the day of the accident.  They may promise to pay for your hospital bill and give you some additional money to settle your claim.  Do not simply agree to the first offer that comes your way. Always consult a qualified personal injury lawyer, who will advise you on the merit of the offer.  If you’ve received a fair offer without an attorney, a good personal injury lawyer will advise you to accept it, even if it means that they will not benefit.

Consult a Seasoned Personal Injury Attorney

The best way to know the seriousness of your claim is to talk to a professional and their legal team. Your attorney will evaluate all the evidence on your behalf, while you focus on the most important issue: your health. If you have been a victim of an accident where another party was responsible, get in touch with our lawyers today for a free consultation.

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