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Perhaps five percent of personal injury cases in the USA go to trial. The rest are settled pre-trial, though some may be rejected by your attorney or the insurance company. Of those that go to trial, up to ninety percent lose. Here are a few tips to help you win your personal injury claims.
Documentation helps to prove your case. This can take many forms. The most obvious is the third party medical opinion created when you seek medical attention after an injury. If you’re in a car accident, request that the police come to the scene and file a police report. Their determination that the other person was drunk will make them liable for all damages. Take pictures of the damages at the scene as well as the scene itself. You may get pictures of debris in the road, slick spots or hidden signs that aren’t obvious when someone goes back to document the scene several days later.
Preserve evidence where possible. Take pictures of your dog’s injuries while waiting for the vet, if they were attacked by another dog. Take pictures of your own injuries, whether you were in a car crash or assaulted by someone else. If you can, retain the ripped clothing or bumper ripped off your car.
Don’t Demand More Than You Can Prove
You’re going to lose your case if you demand a sum without documentation to back it up. Have receipts to show what it cost to repair your car or home. If you’re waiting for payment to have the work done, have written estimates for the work from several different expert professionals.
Medical costs may have been incurred to date, and you may still require ongoing care like physical therapy or future surgeries. Work with an attorney to estimate future damages so that they can be included in the claim.
What will get your claim rejected is demanding a sum without proof you’ve suffered any damages or requesting an obviously inflated or outright made up sum in the hope of getting a payday. Don’t be too eager.
Have Legal Advisors on Your Side
Don’t try to press a claim without expert legal advice. Bring in personal injury attorneys from the Baumgartner law firm. This is true whether you’re being offered a settlement that eliminates your ability to take them to court later or actually going to court. Don’t wait for insurers or the guilty party to settle with you, either. They may try to drag things out so that you either give up or give in and accept the small amount they offer.
If you lie about being injured or exaggerate the scope of your injuries, everything else you say or do will come into question. Unfortunately, if you’ve previously engaged in fraud with slip and fall cases or lied on insurance claims in the past, the defendant’s attorney may use that information against you when you file a new, legitimate claim. This means you cannot ever consider accepting money for a false car accident or made-up medical claim.
You lose your case for things you say or do during the accident. For example, if you lied about drinking and driving and were proven to have been drunk during the accident, you could be hit with additional criminal charges as well as full liability for the accident. Tell the truth to the police making a report, but only provide the information that’s required.