Photo by RDNE Stock project from Pexels

You can’t always expect everyone you encounter each day to do their part when it comes to safety. Accidents can indeed happen anytime and anywhere, but many of them are caused by someone falling short in exercising their duty of care. 

Negligent and reckless behavior can cause a lifetime of pain and suffering, especially if it results in an accident that has left you disabled and traumatized. Recovery can be expensive and time-consuming, so it matters to file a claim that holds the other party liable and secures the compensation you deserve. 

However, there’s always a chance that an insurance company will dispute your claim to avoid fair compensation. Even if it’s clearly their fault, your personal injury claim could be thrown out if you’re unprepared. Here’s a guide showing the ingredients for recovering the best possible outcome. 

1. Establish Liability and Damages

Regardless of the nature of the accident you were involved in, your claim should be grounded on a sound legal basis. This is supported by four essential principles, and lacking one decreases your chances of victory or gets the court to throw out your case. You need to prove that the other party had a duty of care towards you and everyone else. A driver is required to follow traffic laws and operate their vehicle with care. Failing to abide by these obligations constitutes a breach of their duty of care, and is a basis for establishing fault. 

Along with failing to meet the standard of care expected of them, there’s also a need to show that the injuries you sustained were the direct action of the responsible party. You must also show that injuries would not have been possible if the other party had taken reasonable action to minimize the effects of the accident. By determining the injuries and other damages you sustained, you now have a clear legal basis for compensation.

2. Quality and Substantial Evidence

To support your personal injury claim, you will need to gather enough evidence that confirms the other party’s liability. Timing is always an important factor in this process, as the surrounding environment may change and affect the veracity of your claim. For this reason, you need to seek out quality evidence immediately in the aftermath of the accident.

Photographic evidence plays a critical role in showing the extent of harm that was inflicted on you, as well as providing visual confirmation of the party at fault. In the case of a car accident, photos of skid marks and damaged road features will help investigators get a clear view of how the accident transpired. Surveillance footage obtained from nearby establishments can also strengthen your claim. You can enhance the credibility of your case by asking witnesses to provide you with their testimony.

3. Medical Records

When it comes to proving harm you’ve suffered, you need to provide a clear medical record issued on the same day the accident happened. Even the slightest bruises could indicate an underlying condition, so getting a medical checkup is still important, no matter how minimal an effect the accident has on you. Follow-up visits to your doctor should factor into your claim, along with a treatment and recovery plan. Be sure to gather receipts, prescriptions, and reports throughout. 

Timing is everything in building a strong claim. If you refuse to undergo a checkup and treatment, the other side may dispute the severity of your injuries. This will put the credibility of your claim into question, and you may have a hard time proving the injuries you sustained. Complete documentation can also help ensure that you get a compensation amount that not only reflects initial medical bills but also includes financial hardship. You may have to undergo a lifetime of medication and therapy that will put a dent in your future, so always follow through with your physician’s program. 

4. Specialized Legal Help

Confidence in the truth isn’t enough to get you the kind of victory you’d expect. The other side may use every legal resource they have to dismiss your claim. Getting a lawyer can provide some measure of success, but you will have better chances when you enlist an experienced professional who has had a proven track record in personal injury litigation. 

Not all personal injury attorneys can perform well in highly specific cases. If you were exposed to asbestos and developed a terminal disease as a result, you need a lawyer with years of experience representing mesothelioma or lung cancer victims. In the same way, you need a Tacoma pedestrian accident lawyer if ever a motorist hits you while using a crosswalk in Washington. Their expertise will prove substantial in reaching an outcome that reflects your needs.

Endnote

You have the right to pursue compensation for preventable injuries. It’s just a matter of getting all the right elements in place that will make sure you will come home physically, emotionally, and financially secure.