If you have unfortunately suffered an injury and don’t have the funds to make a full recovery, then a personal injury case is the way to go to get the required compensation. Often, the party responsible for the injury would do the right thing and accept reasonable amount hey owe you. However, sometimes this isn’t the case and you have to aggressively dispute your case in court in order to get what you deserve.
Lawsuits are never a good time, but what’s worse is going through all that time and effort and not even getting what you deserve. There are things to take into account when you are going to go to court to settle such an issue.
Although it is recommended to talk with a specialist about this topic, and you definitely should, there are some things that should be common knowledge regarding this. So, here are a few things you should know in order to win your personal injury case.
1. Medical Treatment
After any injury, seeking medical attention is crucial. Even if you don’t know the extent of your injuries, or if the compensation you get will cover the expenses, getting the help you need as quickly as possible is very important.
You’re also going to need to know the amount for the treatments to offer in court. This way a better compensation will be offered and you can present an accurate view of all your damages. Once you have medical professionals to document your injuries and decide on a treatment plan you can have a good understanding of how much you need.
2. File your case as soon as you can
Since there is a statute of limitations, you have a time limit of how much time can pass from when your injury occurs to when you’re allowed to file your case. If you let the time for the case slip away you will end up with no compensation at all, and you could be left without the necessary funds to pay for your medical treatment. The worst thing that can happen in this situation is for you to be left with no way to recover at all. There are also other reasons why you want to file your case as fast as you can.
You’ll have a lot more time to gather evidence and you will also be able to preserve evidence. You will be letting the other party know that you are taking this situation seriously and want to get the case moving as quickly as you can.
3. Gather evidence
This goes without saying since every case is won by presenting evidence, but the more evidence you offer the court the higher you chance of winning. The opposing party will decide on whether they’ll give you a fair settlement based on how strong your case is. So, getting as much evidence as possible is mandatory.
Take pictures of the scene of the accident, as well as photos of your injury as soon as you get it. Get accounts of witnesses, get the police report if there was one. Get the help of an attorney for collecting evidence. While you can focus on taking pictures, your attorney can get in touch with witnesses and take their account.
4. Get a good attorney
Another thing that is essential for winning a case, is to be represented by a good attorney. Winning a case by representing yourself is a lot more difficult, especially if you don’t have any prior experience with court cases or any knowledge of how the judicial system works. Getting a good attorney is crucial for getting the highest possible compensation you could get.
Usually, you will be able to find a representative in any area of practice. There are many in the area of personal injury, but you preferably want to find one, like Gainsberg Law P.C. with a lot of experience.
5. Don’t settle to quickly
Sometimes, people settle their case with the first compensation they get offered. Even though this can help you with your medical treatments, you might not get enough to cover your needs fully.
Instead of taking the first offer, let the other party know that you are serious about getting what is owed to you by declining the first few offers until you get as much as you can. Let the other side know that you are not going to budge and accept an unfair settlement.
Make sure to speak with your attorney about the offers and when you should accept an offer. Also make sure to explain why the offered amount is not enough.
6. Be careful what you say online
Whatever you say can and will be held against you in a court of law, so, be mindful of what you tell other people and especially what you decide to post online that’s related to your injury. If you get caught saying contradictions, your entire case has the chance t crumble and you will be left with nothing. Remember to let your attorney speak for you.
Don’t discuss the details of the case with anybody, and especially don’t post about it until its over and done with. Keep in mind that the other side is always going to be looking at what you share with the public in hopes to find something that they can use against you.
7. Presenting yourself as best as you can
Since juries make their decision based on what happens at the trial, you have to make sure that you make a good impression on them. Speak clearly and present your case calmly. Show respect and don’t get to hot headed if things don’t seem to be going your way. As long as you keep your composure and seem professional, you might just tip the scale in getting the jury to favor your side.
If the opposing side sees that the jury is sympathetic to you, they will most likely offer a better settlement.