How Do You Win a Personal Injury Claim?
If you have been injured in an accident, it’s easy to feel like your situation is hopeless. Many people will rely solely upon what will be covered by their health insurance (if they have it) or accept the small amount of compensation that the insurance company is offering. As a result, many people wind up with bills they cannot pay as a consequence of their accidents. While there are no guarantees when it comes to a successful claim, there are many things that injured people can do to improve their chances of receiving the compensation they need. One way to ensure you get the compensation you deserve is to work with an experienced personal injury attorney.
Understand What You Need to Prove
One of the most important things to understand about your claim is that you will need to prove your case. You will need to prove three things in order to prevail:
- That the person who you believe should be held responsible for your accident owed you a legal duty to make a reasonable effort to avoid causing harm;
- They breached that duty; and
- Their breach caused the accident that resulted in your injuries.
All of this sounds relatively simple but it becomes more complex when faced with reality. Trying to determine which facts are relevant or important requires knowledge of the law as well as considerable experience. A seasoned personal injury attorney will be able to determine what facts will be important and whether you have a claim.
A successful personal injury claim requires a tremendous amount of documentation. This documentation can include the following:
- Accident reports
- Statements from witnesses
- Medical records
- Photographs of the scene of the accident and your injuries
- Copies of your medical bills and bills representing other financial losses caused by your injuries
- Documentation of your lost income if you are unable to work
For many injured people, gathering the documentation necessary to support their claim can be overwhelming. This is one of the reasons why you should consider hiring a personal injury lawyer who can help you gather, organize, and keep safe the documentation you will need to support your claim.
Clear Medical Records
When it comes to pursuing a claim, many people assume that their medical records will speak for themselves. After all, doctors are professionals and these records are created and kept as a part of their practice. Doctors do not always understand the importance that these documents play in a personal injury claim or even realize that you will need them to prove your case. Some of the issues that people can encounter with their medical records include the following:
- Your records do not clearly state that your injuries were caused by your accident
- Your records do not clearly identify how much time it will take for you to recover and any limitations you may have during recovery or long term
- Your records do not clearly distinguish your current injuries from a pre-existing injury
One of the ways that a personal injury attorney can help is by working with your doctor to ensure that your records clearly document your claim.
Compelling Witness Statements
A clear and compelling witness account can greatly improve your chances of a successful outcome. Because witnesses are considered neutral third parties with no stake in the outcome, insurance companies and juries tend to find their version of events to be very credible. As a result, what they have to say about the circumstances surrounding your accident can have a tremendous influence on the outcome.
Unfortunately, getting a consistent and compelling witness isn’t easy. The witness may not be willing to give you a recorded statement or their account is full of conflicting statements or simply irrelevant information. An experienced personal injury attorney will know how to obtain a strong statement that will document your claim.
Understand That This is a Negotiation
The vast majority of personal injury claims settle outside of court. The process starts with you submitting your claim for payment, along with your documentation detailing the harm. In response, the insurance company will likely make a counteroffer for some lower amount. Most non-lawyers settle their claims for far less than they are worth.
To be successful, you need to know what is a reasonable settlement amount and when is the right time to settle. You need to know how to negotiate and how to use the leverage you have in order to get the best result possible. Most personal injury attorneys are skilled negotiators who know how to get the most for their clients and when litigation may be the best option for getting the compensation they deserve.
Work With the Personal Injury Lawyers at Martin & Jones
The personal injury attorneys at Martin & Jones have been helping people across North Carolina for 40 years. Let us help you get the compensation you deserve – call us today at 800-662-1234 or contact us online to schedule a free consultation to discuss your case and what we can do for you.Share This
The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.