Fighting Personal Injury Cases - Sara Williams ESQ

Fighting Personal Injury Cases

January 28, 2021

How to Fight a Personal Injury Case?

A personal injury case could play out in any number of ways but the carelessness and indifference of someone can leave you deeply traumatized, physically, emotionally, psychologically, socially, and financially. While you cannot go back in time and prevent it from happening, you can move ahead with getting the compensation you deserve.

To start with, you’ll have to establish that the other party is at fault and then go through a series of steps until you get what is rightfully yours: proper reimbursement for the hell you’ve been through.

Of course, you’ll need expert help to get through this mess and maximize your chances of winning, but some steps, you’ll have to take on your own.

In this article, we’ll show you how a personal injury case usually plays out (for at-fault legislation) and what you can do to maximize your chances of winning.

Act Immediately – Hard but Worthwhile

Car accidents or similar personal injury cases can be devastating, but immediate action from your side can have a lasting impact on your position in the whole affair. If you can, muster up every ounce of your strength, and try to get your hands on every piece of evidence that you come across.

These include pictures (let’s put your smartphone to good use), videotapes, contact information of any witnesses, or better yet, the person at fault. If the other party flees the scene, you should note down whatever you can about them, like their license plate number.

Seek medical attention immediately and keep all your medical bills at hand, alongside any notes from your doctor. You should also make haste in reporting the whole matter to the police to get it registered, and this sums up your preliminary steps.

We understand that doing all of this under such circumstances will be hard, but it will be worth it.

Dodge Bullets from the Offender’s Insurance Company

Typically, once you’ve established the offender’s guilt, you can write a letter to their insurance company for compensation with copies of evidence attached. There’s only one problem here: the insurance company will do whatever it can to deny you the financial assistance you need.

It’s disgusting, we know, but they’ll go to every length to ensure that they don’t take a loss. The best way to approach this situation would be to send in a personal injury attorney to represent you. But for the sake of argument, let’s say that you decide to go on your own.

If that is the case, keep one thing in mind: don’t sign anything and don’t give a statement whatsoever. Everything you say will be used to undermine the validity of your claim. They will adopt a tricky line of questioning to get you to say that your miseries aren’t as severe as you claim, even if they are.

If you think that you’re being manipulated, stay silent and simply walk out.

Send in your attorney, and if they don’t bend, take matters to court – but beware, you can’t afford delays because there’s a limited window for when you can reach out for justice in the court. This limitation varies from state to state.

Taking Matters to Court

If you take matters to court, it would be safe to assume that by this point, you’ve handed your case to a professional attorney. And one of the best things they can do for you is to assess the extent of damage you’ve taken.

Your offender will try to downplay your sufferings, but your attorney will present a fairer picture. Attorneys usually sum up all the costs for medical bills, car repair, psychotherapy sessions, lost wages, and so on, and then multiply it to a number between 1 and 5 – with the latter being in the most severe cases.

They do this to ensure that you get fair compensation that makes up for the long-term impacts of such a traumatic experience. And then, of course, there will be trial proceedings and then the final verdict from the presiding judge.

When to Hire a Professional Personal Injury Attorney?

In some cases, you’d be better off getting compensation directly from the offender’s insurance company if they don’t try to rip you to shreds. But you should hire a personal injury attorney of one or more of these are true:

  • If you’ve sustained a severe injury, requiring a larger reimbursement than what is being offered.
  • If you’re not at fault but can’t establish that the other party is either, even though you know that they are.
  • If the incident involves multiple parties.
  • If the other party’s insurance company is not being cooperative enough (or at all).

Bottom Line

Getting a personal injury attorney on the case will significantly improve your chances of winning and the amount of compensation you receive. If you’re worried about paying your attorney, then don’t be, because most of them operate on a contingency basis: you only pay if you win!

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