When you have been injured in an accident it can be difficult to understand whether or not you should pursue a personal injury claim for the damages you have accrued. There are several things to consider when you take on a personal injury claim, and having a successful or unsuccessful claim often hinges on the quality of your case. It is crucial to understand what constitutes a strong personal injury case in order to seek fair compensation for your losses. In this article we will be discussing the foundational elements of a personal injury case, as well as diving into what you can do to help strengthen your case and walk away with the best outcome.
Essential Components of a Strong Personal Injury Case
A successful personal injury claim is typically built upon three critical components, these being: clear liability, demonstrable damages, as well as substantial evidence. These three components are each key in making a compelling personal injury case, let’s delve into each of these:
Clear Liability
At the heart of every personal injury case is the principle of negligence. A strong personal injury case typically has a clear case of who is at fault. Let’s say you were injured in a car accident and the person who hit you with their car was texting and driving, then there is clear liability because they were being negligent behind the wheel. Clear cut liability helps strengthen a case as it is harder for an insurance company to minimize the damages that you have received, and making the case more compelling to a jury or in negotiations.
Demonstrable Damages
For your personal injury claim to be viable, you must have suffered actual damages. Damages refers to several aspects within a case, it can refer to physical damages such as injuries that require medical treatment, or non-physical damages, such as emotional distress or loss of wages and earning capacity. Typically a case with well-documented and significant damages is inherently stronger and more likely to result in higher compensation.
Substantial Evidence
The backbone of a personal injury case is the evidence that helps support it. Evidence can refer to several things and can include: medical records, eyewitness accounts, expert testimonies, accident reports, and any other documentation that can prove both liability and damages. The stronger and more irrefutable the evidence is, the higher your chances of success are.
Maximizing the Strength of Your Case
If you are wondering how you as the claimant can help enhance the chances of a favorable outcome consider following these recommendations:
Seek Medical Attention: If you have been injured, seeking medical evaluation immediately is incredibly important. Even if you feel your injuries may not be severe, a proper examination may reveal injuries that lie below the surface. Seeking a timely medical evaluation will not only help your recovery process, but it also ensures that an official record of your injuries has been created. This record is indispensable in proving the extent of your damages, and is one of the primary pieces of evidence an insurance company will look at when determining the value of your claim.
Document Everything: If you can, try to keep a detailed record of your life during your injury claim. Keep a detailed record of all of the times you attended a medical treatment, days you missed from work, and how your injuries have impacted your day-to-day life. Keeping detailed documentation of the aftermath of your accident can act as compelling evidence for your case, and can help bolster the strength of it.
Be Cautious with Social Media: In today’s digital age we tend to share nearly every aspect of our lives online. With that in mind it is crucial for your case that you be cautious of what you share during your personal injury claims. An insurance company will look for any reason to argue that your damages are illegitimate, and sharing highlights of your life can provide them with an argument. We strongly recommend you limit your online presence during your claim, and avoid discussing any aspects of your case online.
Follow Professional Advice: Throughout your recovery process it is vital that you adhere to the advice of your legal and medical professionals. Disregarding medical recommendations from your doctor or legal advice from your attorney can affect your compensation. If you have any issues with the advice your doctors or attorneys have given to you, be sure to consult with them further to understand why they are giving you this advice.
Communicate Effectively with Your Attorney: Be sure to maintain an open and honest communication with your attorney. Your attorney’s goal is to help you get the best outcome possible, so try to keep them informed about your recovery and any other concerns that you may have. Keeping them informed allows them to build the best and most robust case that they can on your behalf.
The Role of Your Personal Injury Attorney
A seasoned personal injury attorney is instrumental in navigating the complexities of a personal injury case. At LifeLaw our team of the best personal injury lawyers in Utah are experts at conducting gathering evidence, and negotiating with insurance companies on your behalf. Let LifeLaw fight for you and ensure that you have a successful personal injury case.
When you are considering whether or not your case will do well it is important to think about the three essential components of your case. Does your accident have clear liability, demonstrable damages, and substantial evidence? Even if your accident does not scratch all three of those boxes, seeking the help of a skilled personal injury lawyer will allow you to get the compensation you deserve. Insurance companies will try their hardest to find any flaws in your case so that they do not have to pay for your damages. LifeLaw will fight for you to make sure your case is treated with the utmost importance so that you can get the compensation you deserve. If you or someone you know has been injured be sure to contact the personal injury experts at LifeLaw Personal Injury today for a free consultation and to discuss your options further. 801-206-4002.