Pursuing A Personal Injury Lawsuit
Personal injury cases are one of the most frequent cases stocked in the court. In these types of cases, the victims have to take on a massive legal battle to get compensation for damages incurred as a result of an accidental injury.
It is common to observe that personal injury cases have seen a significant halt if they are not pursued correctly. In most mismanaged cases, the victims are left shell shocked when they do not get the deserved compensation or if the accused is not punished.
Therefore, it is crucial to pursue a personal injury case properly so that the victim can get compensation for damages incurred. Apart from compensation, victims may demand punitive damages for the accused in some cases.
The affected persons need to pursue a personal injury case in the best possible manner to get a desirable outcome. In the below sections, we will highlight some of the key aspects and tips to successfully pursue a personal injury case considering the type of compensation.
Get Medical Certification
Once you are at the receiving end of an accident, the first thing you need to do is seek medical attention. After getting due medical attention, the first and foremost step to fast forward a personal injury case is by ensuring that you get a medical certificate. The medical certificate from the healthcare center will prove vital in the court of law.
Therefore, you must apply to get a medical certificate from the institute where you got the treatment. The medical certificate must cover all the damages incurred due to the accident. There must not be any delay from your side to get this certification because it may weaken the case on your end.
The medical certificate duly signed by a legal medical practitioner will play a pivotal role in your injury case. A medical certificate is a foundation and the strongest pillar in your fight against the one who caused the accident. It is a prerequisite in personal injury or accidental causes.
Keeping Record Of Medical Expenses
To completely get compensation in the rightful and just way, you must track all your expenses as a result of that accident or personal injury.
Keep track of the bills, receipts, and paperwork relating to the following expenses:
- Hospital stays, medical costs, and medical treatments are all expensive (including surgery and lab tests)
- Medical bills for physical therapy, rehabilitation, and pain management
- Expenses incurred as a result of doctor’s visits
- The cost of pharmaceutical drugs
- Associated at-home or nursing-home care costs
- Transportation for medical purposes (including ambulance)
- Cost of living increases after an accident
Acquisition of Police Report
The initial police report of the accident is of paramount importance since it will highlight and ascertain that which party was at fault. You must not waste time reporting the accident to the local police department.
The police will take statements of both the parties involved in an accident. Furthermore, they will record the statements of eyewitnesses. They will compile an initial report of the incident. You must ensure to get a copy of that report from the police department since it will pave your way for getting the due compensation of damages incurred.
You should obtain a copy of the initial accident report and examine it for any errors. Note down the police officer’s name and badge number, as well as the number of the police report. A police record will be crucial proof if you need to file an insurance claim.
Exchange Contact Information
It’s critical to share contact information at the scene of an accident. Even if the other driver offers to pay cash to avoid dealing with the legal formalities, you should still exchange information. Although there may not appear to be any damages or injuries at this time, you never know what may arise in the days and weeks following the event.
To ensure that any actual damages are compensated, you should obtain the following information from the other drivers:
- Contact information for individuals
- Company name and policy number
- The number on the driver’s license
- The number on the license plate
- The vehicle’s type, color, and model
- The accident’s location
The exchange of information is essential as it will help you file a case to get compensation. Your social security claims lawyer will ask for the information before proceeding with a lawsuit. It will be a great hassle to file a personal injury lawsuit without this information.
Thereby, it is in your best interest to exchange and record all the relevant information that may be important to pursue the case.
Take Help From An Experienced Attorney
This is the most crucial part of your battle against the damages caused by an accident in which you were not at fault. The attorney is your legal representative in the court. Therefore, you must choose a competitive attorney having experience of similar nature cases.
An experienced lawyer on your side will pave your way for getting the due compensation.
Moreover, in some cases, the victims demand punitive damages against the culprits. Therefore, a well-versed attorney will have the requisite knowledge to achieve the desired results.
Hence, it is advisable to seriously consider the competitiveness of a lawyer before hiring them for your injury case. The attorney should have a proven track record of providing and pursuing these cases till the final conclusion.
Contact Your Insurance Company
Before phoning, review your policy to ensure you understand what is not covered. You can work with your adjuster to ensure that the other driver’s policy is in sync with yours, allowing for speedier and more efficient damage coverage.
The involvement of the insurance company will portray a complete picture of what type of compensation you should fight for in court. In most cases, the insurance company does not cover all the damage. Therefore, victims often demand compensation for the damages rather than demanding punitive action against the defaulters.
Sue The Person
Generally, the at-fault driver’s insurance will cover any repair, replacement, or costs incurred as a result of the unwanted incident. However, some people may refuse to pay for damage incurred if their policyholder is found to be at fault in an accident since they want to keep their share.
When this happens, your vehicle insurance company has the option of covering the accident victims’ financial damages, suing the at-fault driver’s insurance company, or reaching a mutual agreement. Even so, hiring an experienced lawyer to sue the other driver’s insurer on your behalf will also help. You don’t have to proceed with the matter legally if the repair and medical costs of the damages incurred are not more than the cost of employing a lawyer.
Therefore, check all of your choices before deciding your desired compensation. You should pursue the matter legally if the person at fault refuses to cooperate and avoid compensating for the damage caused by them.
Choosing Your Desired Compensation
This is a crucial part of your legal battle for the damages incurred. Hence, it is imperative first to understand the types of compensation available in personal injury cases. The selection of desired compensation will help your attorney to decide the pave a roadmap of your legal battle. In this way, the attorney will know what you want and can plan accordingly.
Compensatory and punitive damages are the primary categories of personal injury compensation damages. These losses are then divided into other groups.
Compensatory damages pay you for the costs incurred as a result of their injury. In practically all personal injury instances, compensatory damages should be attainable.
Punitive damages are awarded to the party who has caused you injury. They have nothing to do with the type of harm you or a family member has suffered. In addition, they are given far less frequently than compensatory damages.
These two categories of personal injury compensation serve as umbrellas for any other types of compensation you may be eligible for (with the exception of workers’ compensation). On the other hand, personal injury compensation can and can become more precise.
Compensation For Wrongful Death
In some cases, wrongful death may occur. In this kind of loss, the compensation may vary. Let us highlight some of the compensation aspects in case of wrongful death.
Costs of funerals and burials
Funerals are frequently costly. This form of compensation can assist in reimbursing or reducing those expenses.
Medical expenses prior to the wrongful death
When a loved one receives medical treatment after an accident but before death, their family may require assistance paying for the treatment.
Loss of consortium/companionship
Loss of companionship is usually awarded to the spouse of a loved one who died as a result of a personal injury incident. It alleviates the emotional pain that comes with the end of a relationship.
Compensation for loss of financial contribution
This compensation compensates the victim for the loss of income. It is particularly beneficial to partners who have children or who are not the primary breadwinners.
Survivors’ emotional distress/mental anguish
These damages are intended to assist surviving family members in moving forward with their lives following the wrongful death of a loved one, similar to the emotional distress/mental anguish compensatory damages awarded to injured individuals.
Getting Punitive Damages
Punitive damages, as previously stated, are not intended to compensate you for your losses. They seek retribution from the party who caused your personal damage or a loved one’s wrongful death. Punitive damages may be granted if the court feels the number of compensatory damages awarded to you is insufficient to dissuade the responsible person from repeating the same “error.”
Suppose the person or institution acted with malice or gross carelessness, committed a criminal act such as fraud or violence, or caused substantial financial problems. Punitive damages may be awarded to anyone engaged in high-profile instances where the offending party is particularly rich. In that case, the court is more likely to award punitive damages.
Speaking with an expert personal injury attorney is the best method to evaluate if you may be entitled to punitive damages. Although a judge will eventually decide whether you should be given punitive damages, an attorney can examine your case to see if this is a possibility. Obtaining compensation after being injured in an accident is a difficult task. The parties at fault will almost always want to minimize their liability and pay you as little as possible.
Therefore, an experienced attorney will make it easy for you to get the desired compensation. So, it would be best not to take an inexperienced lawyer onboard for your compensation case as the cases slip out in a blink of an eye.
Filing The Claim For Compensation
If you have been severely or minorly injured in an accident, a slip and fall, or a workplace accident, you must file a case with the courts within three years of the date of the accident. Your claim will be effectively statute-barred after this date, and you will be unable to proceed. To be sure, ensuring that a claim is ready and eligible for Court proceedings requires a lot of effort and time. It is in your interests to file a claim as soon as possible following the accident to protect the following:
- Evidence from surveillance cameras
- Evidence from witnesses
- Evidence-based on documents
Concluding Remarks
Personal injury cases are prone to be challenging since they can change course at any stage of the trial. Therefore, it is imperative to plan properly and work the best possible solution for your case. The aspects mentioned above of a personal injury case will assist you in chalking out a plan to pursue the case in the best possible way. A personal injury lawsuit can help you recover the costs of your medical bills, lost wages, and pain and suffering.
Therefore, keep these points in consideration, and you will be able to get your desired compensation within the required timeframe. You can contact Ryan Bisher Ryan & Simons, and your personal injury case will be taken care of in the best possible way and as per your desired compensation.
