You have been seriously injured and left unable to support yourself. As a result, you start taking steps to file a personal injury lawsuit. While your injury may speak for itself, there are certain steps you can take to increase the chances of your lawsuit being successful and you receiving the compensation you deserve. Here are 5 tips for a successful personal injury lawsuit.
1. Record everything
A court of law needs proof of your injury in order to rule in your favour. Otherwise it is your word against the defendant’s and a judge will rule against you because the onus to prove your case is on you.
While recovering and/or managing your injury after it occurs is most important, it is beneficial to record everything you can about the situation that lead to your injury. This includes date and time, conditions that contributed to the injury you sustained, and any witnesses that can substantiate your case. This will leave will give the judge an accurate picture of the events that occurred.
2. Obtain medical evidence
While medical evidence is important to substantiate your claim that you have suffered an injury, some plaintiffs do not take the time to focus on this important type of evidence. This often results in a dismissal of their case.
To demonstrate the extent of your injury to the court, you need to gather as much medical evidence as possible. This can include written notes from doctors you have seen supporting your claim, x-rays, diagnoses, insurance claims, and prescriptions. Having evidence regarding your injury backed by medical professionals will make it difficult for defence teams to refute your claims and judges to rule against you.
3. Hire experienced lawyer
Chances are you do not file personal injury claims on a regular basis. Therefore, you are probably not familiar with the ins and outs of the civil court system. Having someone who is would be very beneficial and give you the best chance of winning your case.
Hiring an experienced personal injury lawyer is recommended when filing a personal injury lawsuit. A lawyer will be able to review your case as well as all evidence and can either bring your case forward if it is strong or recommend what else you would need to ensure a judge rules in your favour. The lawyer can represent you when meeting with insurance companies or defence teams and if necessary represent you in court as well.
4. Be honest
It may be tempting for you to exaggerate the circumstances of the situation that lead to your injury as well as the injury itself to give you a better chance of winning your case and receiving compensation. However, defence teams and judges can often pick up on this and use it against you.
Being honest in your case is the best thing you can do. Therefore, it is not advisable to lie about the events surrounding your injury or exaggerate and other information pertaining to your case. Although you are legitimately injured, being dishonest will cast you in a negative light and the judge will not view you as creditable.
5. Do not be greedy
You may be unable to work and subsequently support yourself after your injury. Therefore, you are looking for compensation to help pay for mortgage or rent payments, bills, and medical and personal expenses.
Before filing your lawsuit, it is advisable to meet with your lawyer and come up with a compensation amount that is accurate. If you request an amount that is too much, you may be viewed as greedy. Consequently, you may end up with an amount far below what you need to support yourself or none at all.