In order to prevail in a personal injury lawsuit against the individual(s) who cause the accident, you must show that it is more likely than not that the defendants in the case breached the duty of care owed to you and that the breach of care caused the accident in which you were injured. In other words you must prove the defendant in your case was negligent and that his or her negligence caused your injuries.
Every personal injury case is unique in its underlying facts and the harms suffered by the accident victim. The following is a list of helpful tips to assist you in winning your personal injury case.
1. Seek Medical Treatment
While this may seem obvious, it bears repeating. If you are injured as a result of an accident, you must be treated by a medical professional. First and foremost is the concern for your own good health. Regarding your lawsuit, you will not be able to establish that you were injured if you do not seek treatment for your injuries.
Proof of your injuries will be essential in court. You will be able to show that you were injured by providing a copy of your medical records and bills that were accident-related. These records and bills will be extremely helpful to demonstrate the extent of your pain and suffering and your financial losses as a result of the accident.
2. Candidly Describe Your Health and Medical History
In order for the judge and jury to believe your description of the injuries sustained from the accident, it is vital that you are forthcoming with truthful information when you see various doctors and nurses for medical treatment. This approach is important to a proper course of medical treatment and it will be important when this information is submitted as proof in a court of law.
Please also remember that your records will be subject to cross-examination in court. If you have been honest and consistent about your health, your records should withstand scrutiny by eager defense attorneys.
3. Provide Detailed Descriptions of Your Pain
When you are telling your physician or other medical professional about the discomfort of your injuries, describe how you are feeling in great detail so that this information is memorialized on your medical records. If or example, your pain is “sharp” or “dull” simply say so for the person taking down the information. This will be useful in proving pain and suffering later on in your case.
The more detailed the description of your pain, the better the chance that your doctor will treat your injuries appropriately. Highly descriptive information also enhances the chances that you will win your case or that it will be settled satisfactorily.
4. Preserve The Evidence
Return to the accident scene to look for evidence of what occurred. This might be skid marks, torn clothing, destroyed vegetation on the side of the road, or a broken road sign. Make a record of anything “physical” that might help to understand what happened and particularly that indicates that the defendant was negligent. This will preserve the evidence in case it is later destroyed, fixed or otherwise made unavailable to you when it is time to prove your case in court.
5. Take Pictures
We’ve all heard the expression “a picture is worth a thousand words.” This is absolutely true when it involves photographs of the accident scene or the injuries that resulted from the accident. Use the best camera available to you and have a friend witness you take photos of every angle of the accident scene and the resulting injuries. Make sure you record the date and time the photos were taken.
6. Return to the Accident Scene
Although this step overlaps with other tips, it is key that you go back to the location of the accident in search of evidence that will help your case. Collect any evidence you think might be relevant. Take photographs of the scene from every angle. You might be surprised at how much you find. This might include bumps in the road, defective traffic signals or worn out signs, for example.
7. Contact Police
It is very important to get the local police involved if you are the victim of a negligent driver in an automobile accident. The police will compile a great deal of information in their report, including property damage, personal injuries and the suspected reason the accident occurred. In addition the report might disclose whether the driver at fault was charged with a crime of any kind. All of this information from an unbiased source is useful in either presenting a settlement offer or in proving your case in a court of law.
Because there is a limited time in which to pursue a legal claim for damages from an accident, contact The Law Offices Of Robert R. Pagneillo right away to discuss your options. Once you do, you will have years of experience and expertise behind you in preparing a winning case. Allow the accident injury lawyers at The Law Offices Of Robert R. Pagneillo to protect your interests and to get you the just compensation you deserve.