Personal Injury: Avoid These 2 Pitfalls While Making Your Claim
The complexity of injury claims can seem intimidating and discourage you from seeking compensation. There are many pitfalls that can lead to your claim going unsettled, which is why it helps to understand the law and have an experienced injury lawyer by your side to guide you through the process.
Read on to learn common problems that could delay your settlement or result in your claim being dismissed, so you can better prepare yourself to mount a successful fight for compensation.
Proving the defendant was at fault
Very few defendants readily own up to their fault in causing your injury, so it is often up to you to prove their guilt by showing they acted negligently. At-fault parties will often try to show that you were partly or wholly responsible for the accident, which is why you need to have evidence to the contrary before submitting your injury claim.
To begin with, you need to track down witnesses to the accident and persuade them to give their account of what happened. Getting contact details of witnesses at the scene at the time of the incident can make this process much easier.
Photographs of your injuries at the time of the accident, medical reports/bills and a copy of the police report can also strengthen your case and help you get compensated. Proving that your injuries affected your ability to perform day-to-day activities can lead to additional compensation for loss of earnings and life enjoyment, but it can be a bit tricky.
You will often need to keep receipts or other earning statements that show reduced income after the accident. A letters from your employer confirming your inability to performer certain tasks or the need to alter working patterns due to your injury can also help.
Dealing with complex injuries
Some injuries can't easily be traced to your accident, which can make compensation an issue. In other cases, your injury may not manifest shortly after the accident, with the onset of difficulties occurring weeks or even months after the causing incident. Similarly, the full extent of consequences arising from some injuries cannot be determined straight away.
The best way to ensure you get fair compensation after a complex injury is to seek immediate medical attention, even though you feel fine. A medical expert might be able to notice signs of damage to your brain, nerves or other sensitive organs even without any apparent symptoms. Their medical report could guide you and your injury lawyer on the degree of damage that occurred so you can make a claim that matches the injuries.
An experienced injury lawyer can also work within the statute of limitation to prolong the settlement process, giving you and your doctor enough time to figure out the full consequences of your injuries.