It’s often traumatic to suffer an accident or injury, and the consequences can be life-changing. If another party is liable, you have grounds for a personal injury lawsuit. Here are 13 things you should know that could help your case.
1. Document the injury from the very moment it happens, before you even meet with your attorney. Take photos and/or videos (even if you must ask someone at the scene to help you).
2. Write down everything you can remember about the incident – before, during and after - and obtain names and contact information of any potential witnesses (this is especially important if you were in a
car accident.)
4. Your personal injury attorney will also need documented evidence proving the extent of your injuries. Be sure to include not only physical injuries, but mental and emotional as well.
5. Keep records of all your treatments and record any impact on your work and personal life. You may want to consider keeping a daily – or even an hourly journal -- to assist
your accident lawyer in building your case.
6. If a defective product injured you, keep the product in precisely the condition it was in at the moment you were injured. Also, keep all packaging, instructions and receipts that accompanied the product.
7. In all cases, visual evidence is helpful to your attorney, as are expert testimonies from professionals who can collaborate your story. Your attorney will guide you in gathering evidence to build your case.
8. Your attorney will take your case through civil court proceedings and will try to contact the other party to reach a settlement (filing an official lawsuit may not be necessary).
9. Settlements may occur before, during or after any lawsuit is filed. It is almost always best to seek this course first as it the fastest and easiest way to reach an acceptable conclusion for both parties. Negotiations will take place between personal injury lawyers who will then present the proposed settlement terms to both parties.
10. You, the plaintiff, will agree to cease any legal action towards the defendant for an agreed-upon monetary amount. Special cases may require further action beyond monetary compensation.
11. If both parties agree to the terms, then the personal injury lawyers can settle the case without ever taking it to civil court. For your own protection, be sure to consult with your Perna & Abracht LLC attorney before agreeing to any settlement, because insurance companies are notorious for trying to entice injuries claimants into settling the case for less than the claimant is entitled.
12. Settling a personal injury lawsuit out of court can be beneficial. It spares you the duress of what could be a nasty and exhausting trial. Additionally, you can structure the settlement to meet your disability needs or to take advantage of tax benefits. Your attorney will be able to recommend the best settlement structure for you.
13. If your case is strong enough, you may be able to obtain a larger settlement via court proceedings. Your attorney will want you to consider your future needs. What if your injuries later present future problems that presently, you haven’t even begun to consider? Not to mention simple changes in the economy that could render the settlement amount insufficient.