In 2020, personal injury cases increased by 97% across America, and in 2023 the number of cases still hasn’t decreased. Personal injury claims can be anything from breaking a bone due to a car crash to experiencing illness from medical malpractice. However, how do you decide if your case is strong enough to file a claim?
Don’t worry! We’ve found several telltale signs that you have a strong personal injury case. That way, you can determine once and for all if you should file your claim.
Read on to learn more about the signs of a strong personal injury claim:
1. You Have Severe Medical Injuries
Sadly, we live in a world where people try to abuse the court system to get an easy payday. For instance, some scammers will try to sue a business for a slip and fall when they themselves caused the fall.
These cases often describe minor injuries that medical professionals haven’t confirmed, making their cases weak. However, if you suffered from severe medical injuries and have the documentation to prove the incident caused those injuries, you automatically have a strong case.
Keep all medical records, doctor’s notes, and medical insurance papers as documentation of your injury and the medical expenses it cost you. These documents can help prove your injury and cast light on the amount owed based on your medical costs.
2. You Have Video or Photograph Evidence
In today’s society, chances are your injury was caught on camera, perhaps by security tapes or a passerby wanting to take pictures of the incident. Although witness testimony is great, there is no better evidence than videos and pictures of the incident in question.
Always take pictures or videos of any injuries you sustain directly after an incident occurs. The timestamp of the evidence will help prove your injuries were a direct result of the defendant’s actions.
After the incident, try to find additional video footage or photographs of the incident as it occurred. That evidence, in conjunction with yours, will make it easy to judge what happened, why, and who was at fault.
3. The Liabable Party Amitted Fault
If plaintiffs and defendants speak before litigation, the defendant will often admit fault in an attempt to smooth things over and prevent a lawsuit. However, by admitting fault, the defendant automatically provides you with evidence to use against them in court.
For instance, say you got into an accident, and on your way to the doctor, the defendant texts you saying they’re sorry that their actions led to your injury. That text message can be used to prove that the defendant knew the action was unsafe and breached the duty of care anyways.
This is why you should always keep documentation of text messages and emails from the defendant. Sometimes their own words hurt their case more than any evidence could.
4. You’ve Pursued Your Personal Injury Case Diligently
When you’re putting together a personal injury claim, it’s important that you do everything by the book. You shouldn’t delay medical care, ignore your physician’s advice, or delay hiring an attorney. These actions can make it difficult to prove that you deserve compensation for your physical, emotional, or financial damages.
Think about it this way: if you got in a car crash and broke your wrist but didn’t see a doctor until two weeks later, who is to say that injury was a direct result of the crash? Even if you do see a doctor immediately but fail to follow your doctor’s recommendations, your injury could be blamed on your inactions rather than the crash itself.
Your actions and, more importantly, your inactions will be put on full display in order to fairly judge what is owed and who is at fault. Although, if you pursue your case diligently and complete the required steps, it will make your case that much stronger and erase questions about the legitimacy of your claim.
5. You’re Filling Your Claim in the Allowed Period
Many people don’t realize this, but there is a statute of limitations for personal injury cases. If you want to get compensated for your damages, make sure you file a claim within two years of the incident. However, your case will be far stronger if you file a lawsuit sooner rather than later.
Waiting until the two years are almost up can raise questions about the claim’s legitimacy. The defendant’s lawyers may suggest that you’re only filing a lawsuit now to get money. While you can refute those claims, the question of why now will be a constant one you’ll have to answer for.
Don’t get the defendant any more reason to stir up suspicion about why you’re filing a claim. Instead, always seek out personal injury lawyers after you experience an injury caused by someone else. It will strengthen your case and prove you are doing everything right to get what is owed to you.
Hire a Personal Injury Law Firm to Represent You Today
You may be owed compensation if you sustain an injury due to someone else’s negligent actions. These five signs can help you determine if you have a strong personal injury case.
However, if you are not sure how to proceed with your case, don’t hesitate to contact a lawyer. A lawyer can give you precise suggestions based on your unique circumstances to help you win what is owed to you.
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