When confronted with a personal injury caused by another party, the journey toward justice may seem daunting. The immediate inclination often leans towards transferring the entire responsibility onto the at-fault party, demanding accountability for the repercussions they’ve triggered. Undoubtedly, holding them accountable is paramount, and rightfully so.
However, drawing from our extensive experience, we recognize that actively advocating for your rights and diligently pursuing maximum compensation significantly boosts your chances of a successful outcome. Beyond expecting justice, proactive measures are vital to position your case in your favor strategically.
This comprehensive guide unveils seven practical strategies to empower your pursuit of justice, enhancing the likelihood of securing the compensation you rightfully deserve. Explore these actionable steps to strategically position your case for optimal success in seeking compensation for your personal injury.
1. Seek Medical Treatment
This may seem like an obvious piece of advice, but we’ve seen many cases in which the victim of an accident forgoes seeking medical treatment—whether immediately following the accident or later down the road—and then tries to sue for undocumented injuries, pain, and medical treatments they claim to have. Not only should you be seeking medical treatment after an accident for your own health and well-being, but you just can’t file a personal injury claim without showing that you actually suffered a personal injury that needed medical treatment. Even if you don’t believe you’ve suffered any severe injuries, our best advice after an accident is to visit a doctor and get yourself checked out. You never know what they might discover to help you or prevent further injury, or how that might affect your claim later on.
2. Document Everything
After an accident, meticulous documentation is crucial for a robust personal injury claim. Capture the scene with detailed photographs, including factors like road conditions and any damage to vehicles or property. Document injuries thoroughly, taking pictures from various angles and noting their progression over time. Collect witness contact information and record your own detailed account promptly. Preserve any physical evidence, and ensure a police report is filed if applicable. This comprehensive record serves as essential evidence when negotiating with insurance companies or presenting your case, establishing the facts, and demonstrating the full extent of damages. Consulting with a personal injury attorney is advisable to navigate the claims process effectively.
You also want to be sure to maintain good medical records, such as receipts for treatment, procedures, and medication, doctors’ notes or written treatment plans, or even keep a personal journal of your recovery process. All these types of evidence will help to build a strong case.
3. Follow the Doctor’s Orders
Similar to getting adequate medical treatment, when your doctor, therapist, or another physician involved in your recovery makes recommendations for how you can best recover from your injuries, do your absolute best to follow their treatment plans as closely as possible. You might think healing faster is counterproductive to showing just how serious your injuries are, but the reality is, if an insurance company or judge doesn’t see you taking active strides to get the ongoing treatment you need, then they have no reason to agree that you should be provided with the compensation you’re asking for to address that treatment. So, even though making every appointment or doing every physical therapy exercise might be challenging, painful, or exhausting, try your hardest to stay on top of it all. It’s best not only for your recovery but also for your case.
4. Don’t Wait to File
Initiating your case promptly can be crucial for maximizing your legal advantage. While statutes of limitation provide extended filing windows based on the accident’s circumstances, the sooner you activate your case, the more advantageous it becomes. Delays increase the risk of evidence alteration or disappearance and witness memories fading, thereby weakening your case. If unforeseen circumstances delay your awareness of injury severity, ensure meticulous documentation within the statute of limitations. However, prolonged inaction, despite prior knowledge, weakens your position, jeopardizing the effectiveness of your case-building efforts. Swift action is pivotal for preserving evidence and enhancing your legal standing. Remember, the quicker you act, the stronger your case.
5. Understand All Your Damages
A personal injury case focuses on the injuries you’ve suffered and ensuring you’re adequately compensated for getting all the care and treatment you need to address them. But many personal injury accidents result in more than just physical bodily harm, and some of those damages can also be sought out. For example, if your physical property was damaged or destroyed during the accident, such as your car or any belongings inside it, you may be able to seek compensation for them as well. There are also additional items such as loss of work or employment, loss of quality of life, and pain and suffering, that you may want to consider also suing the responsible party for. These damages are individual to each human being.
6. Beware of Social Media
There’s no place like the internet for information to be misconstrued, and social media platforms are the most common places this can occur. People love to share with friends and connections about all the updates and activities they have going on in life, and if you share posts or other information that seems to contradict your injuries or the claims you’re making in your case, the other party’s insurance company or legal counsel will discover it and may use it against you. Even if you’ve posted something that seemingly has nothing to do with your injuries or case, there’s a chance they will find a way to bend it in their favor and weaken your claims. When you’ve suffered a personal injury and are in the middle of a claim or lawsuit, it’s best to just stay off social media entirely.
7. Consult an Attorney
If you want to maximize the compensation you receive after suffering a personal injury, don’t go at it alone. The right attorney can help you understand all the nuances of your case, will do a majority of the investigation, research, and communication needed on your behalf, and will have a much better grasp of the laws pertaining to your case and how to most effectively apply them. Make sure you work with an attorney who has a successful track record of both settling cases with insurance companies outside of court, as well as going to court, litigating on their clients’ behalf, and winning. You never know what direction your case might go, so you want an attorney who’s unafraid to fight alongside you no matter what comes your way.
If you’re facing a personal injury case, don’t navigate the legal complexities alone. The experienced attorneys at Finney Injury Law are here to guide you through the process and fight for your rights. Time is crucial, so act now by reaching out to us at 314-293-4222 for a free consultation. Let us help you build a strong case and pursue the compensation you deserve.
Posted Under: Personal Injury