1-800-522-7274 AVAILABLE 24/7

Hablamos Español


Home » Practice Areas » Personal Injury » How to Win a Personal Injury Claim

How to Win a Personal Injury Claim

Consult with Qualified Personal Injury Lawyers

A personal injury case involves pursuing monetary compensation for damages from the party that hurt. The term 'personal injury' includes cases refer to a wide variety of accident and injury cases, including auto accidents, product liability, and dog bites - to name a few. If you experience an accident in which you suffer personal injury, then there are two main issues on which you should focus your attention.

The first factor that determines whether you win or lose is the amount of evidence you have that supports your claim against the defendant. Second, you must also be able to draw a clear connection between the defendant's actions and your injuries. Experienced personal injury lawyers are able to prove these two issues in court, as long as you can help them in the following ways.

Capture Photos of the Scene of the Accident

If you can safely move around after an accident, then go and take photographs of the location at which you got injured. Take care to capture all the important details of the scene: skid marks, vehicle damages, injuries, road signs, and so on. Make sure you take pictures from multiple angles.

Go and See A Doctor At Once

You should immediately visit a doctor after an accident, unless it's an extremely minor fender bender. Only a professional medical care provider can establish the extent of your injuries in a report. The doctor's statement will prove to be helpful down the line. The doctor will also determine whether your injuries are severe or not. Remember to follow whatever treatment the doctor prescribes so that the defendant cannot accuse you of ignoring proper treatment and aggravating your injuries.

Write Down Details and Get Information from Witnesses

Right after the accident, while your memory is still fresh, document all the details of your accident. Write down how and when it happened, the time and weather, how the defendant caused it, and what his or her behavior was like after the accident occurred. If there were any witnesses present at the time of the accident, then politely ask them to provide you with their contact information and make a statement.

Hire an Attorney Experienced in Fighting Personal Injury Claims

The next step involves finding a good personal injury lawyer. Ask your family and friends if they can guide you to a better attorney. Go for a consultation with your lawyer. Ask him his honest opinion about whether your case is winnable or not. Personal injury cases are usually strong when the injury you suffered is serious, you do not have a medical history that could be a factor in causing your injury or making it worse, the defendant has assets and can pay fair compensation, and the defendant's negligence can be clearly established.

Be Prepared for Your Case and File Complaint

In order to make a strong claim, you'll need a record of your medical bills, the wages you lost, and the cost of other losses you have suffered. Your personal injury attorney will file a complaint in court to begin the lawsuit. This complaint will contain all the facts that will support your lawsuit.

Consider Settlement Before the Trial Starts

If your personal injury claim is strong and you have good evidence to prove that the defendant is guilty, it is likely that the defendant would want to settle the case before the trial starts. You should consider his offer. Personal injury lawyers are often able to extract fair settlement deals prior to litigation. Settlement is better than going in front of the jury to decide your case because you receive your compensation faster. If the defendant is under pressure, then he might offer a fair settlement.