Personal injury is a branch of law that deals with injuries to the body negligently caused by another. The person who is injured can file a suit for compensation against the party that is responsible for the injury.
If you are planning on filing a personal injury case or if you have recently filed one, it would be unwise to take certain actions that will hurt your case.
There are things that you should and shouldn’t do when it comes to filing a personal injury case, so here are some tips to keep in mind if you are aiming for the best result.
Don’t Represent Yourself
Representing yourself in a personal injury case is a bad move to make. This is true for a variety of reasons.
If you are not a lawyer, it will be very difficult to win your case. Personal injury law is a specialized area of law and requires expertise.
You may have some knowledge of the law but this is not quite the same as being able to use that knowledge in court. You might also make mistakes during the course of the suit that will hurt you later on.
Also, a lawyer will be your support system in this difficult time. Many lawyers agree that a big part of their job is being there for their clients.
A Hawaii personal injury lawyer at The Recovery Law Center explains that a good lawyer will treat you with compassion while aggressively fighting for the compensation you deserve. This way you will have someone to turn to with questions and emotional concerns.
Don’t Neglect Any Evidence
A major part of winning a personal injury case is being able to present evidence. Generally, in order for this evidence to be admissible, you must have collected it properly and secured it.
Any evidence that has not been collected or preserved properly will likely lead to the dismissal of your case.
While collecting this information try not to alter any aspects of the scene in which you were injured, unless a mistake was made and the scene wasn’t secured properly. This means you should not clean up any blood, move any items or disturb the ground if it is a vehicle accident case.
All evidence must be gathered as soon as possible and kept in a safe place until the suit has been closed. Any evidence that is deteriorating during this time will cost you valuable information.
So the sooner you collect all this evidence, the better. If it has been four days since your accident and crucial evidence is already lost then you can no longer win your case even if there is irrefutable proof that the other party was negligent.
The evidence you should gather is:
- Witness statements- witness statements are important because they are unbiased, third-party accounts of the same incident. You need to get the names, addresses, and phone numbers of any witnesses that saw the accident occur. Statements should include what they saw, heard, and felt during the situation.
- Physical evidence- this refers to tangible objects involved in your claim. This includes any resulting damage to the property, injury, and the defective products that caused this harm in the first place.
- Records or documents- if you have already filled out any paperwork regarding the accident then collect copies of it.
- Any medical records or bills paid because of your injuries- You need proof that your injury was actually caused by the accident so you will have to provide these records.
Don’t Settle Your Claim Too Early
One of the biggest mistakes that plaintiffs make is settling their claims too early. This is usually done in an attempt to avoid bad publicity or because they don’t understand how long litigation takes.
If you are looking to receive a quick settlement to get your life back on track as soon as possible then be patient because accepting an offer too early is not a good idea.
If they offer an amount that you find suitable then that’s always an option but it’s recommended that you take some time to consider all aspects of the case and the settlement.
If you settle your personal injury claim too early, the defendant may take advantage of this and put in a request for a lower amount to make up for their losses from settling too soon. When you take your time, they will respect you for this and offer you more appropriate compensation.
Be sure to keep any offers made in writing so there can be no disputes later on.
Personal injury claims can be complicated and overwhelming for most people. However, with the right lawyer and guidance, you can receive all of the compensation that you deserve and find some modicum of justice for your pain and suffering.
So it is important to keep these tips in mind when filing a personal injury suit.