You were involved in an accident, and now you need to file an injury lawsuit against the at-fault party. You have suffered physically, emotionally, and financially since the crash occurred, and now you want to exercise your right to receive compensation. After all, you did not cause the accident, so why should you suffer?
Knowing that you are not at fault and that you have suffered is not enough. Instead, you must prove that your case has the merit to seek compensation from the at-fault party – and doing that requires some preparation and know-how.
Naturally, you should consult with an injury attorney. While you could negotiate a settlement with the insurance company, statistics show that hiring an injury attorney yields more compensation with fewer losses. Furthermore, an attorney can advise you on your rights, but also ensure you are being offered fair compensation.
5 Things You Must Do to Win Your Garfield Personal Injury Lawsuit
If you want to win a personal injury case, there are five very critical things you must do. Realize that your actions play a massive role in the outcome of your case and failing to follow even one of these could be detrimental.
Do Not Delay Medical Treatment
Everyone has some pain and discomfort after an accident. The human body is resilient, but no one walks away without being a little sore from the trauma of a collision. If you do not seek medical treatment for what you think is “normal,” you make it easier for the insurance company to say that you were not injured or that you are exaggerating your injuries now.
So, regardless of how fine you might feel, seek medical treatment immediately after the accident. There is nothing wrong with going to the doctor, and you may have more severe injuries that could be diagnosed and treated quickly instead of causing discomfort for days or weeks.
Be Consistent with Your Story
Accidents are confusing, so no one would blame you for forgetting a few details. However, when your story continuously changes each time you tell it, it becomes a problem for you later when you file for compensation.
As you fill out medical paperwork, talk to the doctor, tell nurses about your symptoms, you need to indicate that it is from an accident, but also be consistent with your complaints and injuries. Document your symptoms so that it is easier to tell a physician what you are experiencing, and to ensure you have all your symptoms tracked adequately in your medical records.
Do Not Keep Secrets or Omit Details
Omitting details is the worst thing you can do in an injury case. During a personal injury claim you are under heavy scrutiny, and the defense looks for anything they can use to disprove your injuries or paint you out as someone just looking for a quick payout.
Even if you feel a detail could hurt your case, tell your lawyer about it. Also, if you have pre-existing conditions or injuries, you must disclose them. Not telling a doctor or telling your attorney could create hurdles later when you try to seek compensation, especially if the insurance company tries to use the pre-existing injury to deny your claim.
Avoid Social Media and Talking About the Case
Once you have decided to file an injury lawsuit, the discussion about your case stops. The only party you should speak to about the case is your attorney. That means not discussing it with family and friends and avoiding social media entirely. If you can, set your profile to private so that insurance companies or defense attorneys cannot troll your profile looking for ways to discredit you.
Do Not Negotiate with Insurance Companies Alone
Insurance companies like to take advantage of victims who do not have an attorney. They know that you have not fully calculated your losses, especially future ones. Therefore, they will dangle a high-value settlement in front of you hoping that you are desperate enough to take it without doing the math.
If the insurance company contacts you, kindly decline to speak with them and have them contact your attorney.
Know What Can Make You Lose
While you should know how to win a case, you also need to know what people do to lose them. In fact, most personal injury cases fail because:
- There are no expert witnesses. If you work with an attorney, you will see that they use expert witnesses in addition to physical evidence to prove the case. Without an expert witness, you have no one to tie the connection between the accident, your injuries, and the damages you are requesting.
- You contributed to the accident but did not admit to it. It is okay if you add to the accident slightly, but if you fail to admit to it or fail to disclose this information, it immediately discredits you.
- You have a tarnished lack of credibility. Being completely honest with your attorney, your physician, and the court is essential. Anytime you are caught lying, exaggerating, or changing your story it harms your credibility. The less credibility you have, the harder it is to succeed.
Injured? Hire an Experienced Injury Attorney
After a severe accident, you should not have to worry about the steps to take or how to act. Furthermore, you should not have to worry about handling insurance company’s and their pushy adjusters. Instead, contact an attorney who can handle the case for you while you focus on recovering.
Schedule a consultation today with attorney Mark S. Rubinstein, P.C. Consultations are free of charge, and there is no obligation to meet with him. Contact his office today at 970-704-0888 or contact him online.