Forbes India 15th Anniversary Special

6 Pro tips to successfully go through a personal injury case

Car accidents are the most popular type of personal injury lawsuit

Published: Sep 16, 2020 10:30:08 AM IST

6 Pro tips to successfully go through a personal injury case
Personal injury cases are lawsuits filed against people who have caused damages or injuries. Around 1.5 million personal cases are filed worldwide, and many plaintiffs involved with the lawsuits have utility bills, car payments, and other obligations to take care of every month. Unfortunately, some of these expenses will not reduce just because your life is paused due to the injuries you sustained in an accident. 

In addition, insufficient funds and medical bills resulting from your absence at work, the emotional roller-coaster is becoming out of hand. However, as a victim, you stand a chance of getting compensated and make demands you think are worth the damages. For you to successfully go through the lawsuit, here are tips to help you.

1.  Know the Type of Case You’re Dealing With

Car accidents are the most popular type of personal injury lawsuit. Mostly, they happen because drivers are careless to follow the road rules. In such cases, careless drivers are held financially responsible for injuries to stop car accidents. 

Dog bites are also personal injuries, which may leave you with psychological scars, permanent physical damages, and huge medical bills. In some states, dog owners are held liable for injuries inflicted by their animals. Apart from dog bites and car accidents, you may also have other personal injuries, such as:

  • Boating and aviation accidents
  • Product liability
  • Fall and slip
  • Nursing home abuse
  • Medical malpractice
2.  Get Treated

The treatment and records related to the accident might be beneficial to your case. While records help in establishing a link between injuries and accidents, treating doctors have more credibility than hired physicians. This is because sometimes judges perceive hired medical experts as monetarily incentivized to offer opinions. 

The records may also showcase non-injury health complaints. This will help you determine if a plaintiff has suitable injuries for damages and benefits like attendant care, income replacement, or medical replacement. A doctor’s note may also highlight the depth of impairments and injuries and can show the injury’s permanence, effects, seriousness, and credibility. 

3.  Seek a Lawsuit Funding

Lawsuit funding is a quick source of money for plaintiffs in the midst of their cases. Settlement loans have saved many personal injury victims in the US from experiencing financial disasters and low-ball settlements. These loans are 100% risk-free, meaning you can only repay them if you win the case. 

A reliable lawsuit funding company may contact you personally and might work hand in hand with your lawyer. With teamwork, you will be able to concentrate on recovering without worrying about how you can deal with your case. If you also want to determine a reputable lawsuit funding company, you can compare the interest rates. They must be lower than what untrustworthy companies offer in the market. 

4.   Hire an Attorney

Some accidents can cause you a lot of emotional upheaval and pain, and it might be difficult to make legal decisions on your own. In such a case, it’s important to hire an attorney who has negotiation skills and can file a case on your behalf. To find such a lawyer, you may need to research online. A local bar association can come in handy because its database has registered and licensed attorneys you can work with. It would be upon you to go through their bar status and check if there are disciplinary measures leveled against them. 

In case you get one, it might be imperative to get an assurance that your lawyer may deliver a large settlement or verdict. You can also ask the attorney how many million-dollar settlements he had dealt with. If he’s a member of the Million Dollar Advocates, a well-known organization of lawyers, you stand a chance to win. Such an attorney will:

  • Motivate you throughout the trial process
  • Improve the odds of winning your case
  • Explain in details about the legal procedures
  • Estimate the value of your settlement
5.   Look for Witnesses

Statements of witnesses may be used to boost the allegations in personal injury cases. Witnesses may bolster the side of your story, and to some extent, they might offer you first-hand information you can use to know who was at fault. For a witness who didn’t actually see the incident might have seen you in the aftermath and may attest that you looked legitimately hurt. 

A testimony from a witness may go a long way of helping you have a personal injury case decided on your favor. Basically, witness testimony consists of expert and lay witness testimony. Expert witnesses have specialized training, experience, and knowledge about various issues in your case. These witnesses may include vocational rehabilitation professionals, economists, or medical experts. On the other hand, lay witnesses are people who lack the knowledge associated with the lawsuit. However, they may testify based on their observations, which happened after, before, and during an accident. 

6.   Gather Evidence

Legally, evidence can be any material presented in the court of law to convince judges and juries of the facts of a certain case. Solid evidence can help judges to reach an amicable decision. You can present your evidence in different forms, but most plaintiffs prefer physical evidence. This can be any tangible material like a shred of clothing or broken lights. Alternatively, you can present your evidence as videos, pictures, or documentation. 

For you to gather such materials, you may choose to take notes immediately after the incidence and must include the injuries you sustained. Apart from taking notes, you may also:

  • Get medical records
  • Preserve evidence
  • Obtain a report from a nearby police station
The Bottom Line!

The law will always have a way of punishing people whose carelessness results in deaths or injuries. Whether it’s a corporation, federal group, or an influential person, the law will hold them accountable to pay for their negligence or actions. If you’re a victim, you have the freedom of filing a case, applying for a lawsuit funding, hiring an attorney, and gathering witness to have your case ruled in your favor.

Disclaimer: The views, suggestions and opinions expressed here are the sole responsibility of the experts. No Forbes India journalist was involved in the writing and production of this article.