It is not easy going through the legal process involved in making injury claims. This is especially true for those who you cannot work as result of their injury. You may need to fight both hard and smart to maximise your chances of receiving adequate compensation. These key tips will help you survive the challenges inherent to your injury claim.
Preserve the evidence
Take photos after the incident, both of any visible injury and the area where the incident occurred. Even if the injury is not obvious or visible, as with some spinal injury claims, you need to gather as much supporting evidence as possible in order to show that the accident happened because of negligence. Whether you are facing a jury or settling with the other party out of court, you will still need to use the evidence. Keep everything you gather safe since it is a vital way to strengthen your claim.
Get medical treatment
You need to visit your doctor right away to help you assess the damage and recover as quickly and effectively as possible. You also need to get a medical report that shows the findings, which can then be used as key evidence when you file your claim. The doctor will also suggest a medical treatment plan that includes possible physical therapy and potentially even treatment for associated problems like flashbacks and PTSD.
Do not assume that you know what to claim
Even if you simply hurt your spine, your claim could easily extent beyond spinal injuries. You might encounter different types of damage as a result of the injury. You can even claim compensation for the loss of general body functions and emotional scars. Be sure to adequately assess the problem and determine how much you can claim by talking to a qualified injury lawyer.
Never accept the first offer
In the aftermath of a painful and often emotionally damaging incident, you might be tempted to say yes to the early settlement offer made by the other party simply to get things over and done with as quickly as possible. But this is often a big mistake. Reject the first offer or even the second offer if you do not feel satisfied. Only accept the offer if you think that it is fair and appropriate. The other party might threaten you that there will be no further offer, but do not let them frighten you into accepting an insufficient sum. It is essential though to show precisely why you are declining the offer.
Build your case
Most injury claim cases do not go to court as the judge will usually request an out-of-court settlement. Despite that, you still need to build your case. This includes serving discovery demands to the other party and having a lawyer to do depositions and record requests. Find expert witnesses who can help testify on your behalf should this go to a full trial. This not only means you are prepared if it does, it also means you are signalling to the other party that you are prepared to fight in court.
Stay strong throughout the entire process and do things by the book. You did nothing wrong, and you will eventually get what you rightfully deserve.