How To Win Your Personal Injury Claim

Car accidents, slip and fall accidents and other forms of personal injury can be a frustrating process. Injuries and property damage could leave you with a stack of bills while you are physically unable to work. It is a tough situation to be in, but winning your case and receiving the compensation that you need is possible if you being preparing right away. Here is how to win your Personal Injury case:

Determine Fault:

The first part of winning your personal injury claim is determining that you are not at fault. Depending on your state, the court will most likely be looking for one of the following two types of negligence:

Contributory Negligence – Contributory negligence looks to see if you played any part in causing the injury. A good example of this would be an accident between a vehicle and a pedestrian. Could the accident have been avoided if the pedestrian had acted differently? If they crossed the street in a dark area and did not use the crosswalk, it is possible that they would not be able to claim anything for their injuries.

Comparative Negligence – A majority of states use comparative negligence to how compensation will be distributed. The court will determine the percentage of the damages that the injured party was responsible for. In a pure comparative negligence case, the damages are added up and the injured party is awarded that amount minus the percent that they were responsible for. For example, if the pedestrian was found to be 20% responsible for the accident and the award was $10,000 the pedestrian would receive $8,000. Most states however, use a modified version where the pedestrian would be able to receive compensation as long as they were not more than 50% responsible.

Types of Evidence:

From case to case, the evidence that you provide will not vary all that much. Videos and photos of the accident are important in determining what happened during the accident. Witness statements will also help piece together what happened.

You should also gather the evidence that demonstrates the cost of the damages that you sustained. This includes tracking all of the medical bills that you have and will pay as a result of the accident. This also includes the costs of any property damage that was sustained. Make sure that you receive a damage estimate from a credible source.

Speaking With an Attorney

It is important to have an experienced attorney on your side especially if your claim is against a large company. They will be able to help you put together the evidence you have gathered and damages you are asking for into a clear and organized case:

Not all personal injuries are the same and the steps you need to take to win your case depend on the kind of accident you are in. Here is how you should prepare based on different scenarios: