Want to file for a personal injury claim but do not know what to expect? We can help…
Those suffering from an injury as a result of someone else’s actions are perfectly within their rights to claim compensation back. However, many people are put off from doing so because they do not understand the process.
Here is your short guide to the 15 lesser-known points about personal injury lawsuits that you ought to know about. Read on, familiarize yourself, and never be scared away from getting the compensation you deserve, ever again.
The 15 Things you Ought to Know about Personal Injury Lawsuits
If you need a personal injury lawyer, you should contact Dolan Dobrinsky Rosenblum Bluestein, LLP. Otherwise, keep reading for the 15 lesser-known tips that will help you negotiate the world of personal injury lawsuits.
1 – You Do not HAVE to Give them your Medical Details
Many of us are under the mistaken belief that we need to sign releases for the opposition. The most common way this happens is by the opposition approaching you with a release form. If you sign it, they will have access to your medical information. You have no need to sign this as you do not owe it to them. Instead, refuse, consult your own attorney, and do not be caught out. You owe them nothing and they owe you everything.
2 – Talk about the Reserve
Your insurance firm will allocate an expense account to you, after your accident. The amount kept in this account is determined by the nature of your injury and how the accident happened. If the money they set aside for you in this fund is smaller than your damages, it will lessen the chances of you having a successful claim for more than that amount. Instead, be sure to tell your insurers that you will need a larger reserve.
3 – Journal it
If you keep a journal of how you feel and how your recovery progresses each day, this can be used as evidence in court to back you up. You do not have to embellish the facts; you just must record what you struggled with that day as a result of your injury.
4 – Do not Give In
Most of us know the adage about never accepting the first offer, but not many of us know why. The opposition, your insurer’s lawyers, will try to badger you into accepting an offer that is far less than you are entitled to. They will do this consistently before court, to turn you away from prosecution. Usually, they do this because they are running scared.
5 – Update Everyone
Keep all parties involved updated about your condition and your recovery. This includes the insurance firm, your attorney, and any judges. You do not need to hand over access to your medical records, but you should keep everyone up to date with what hurts, when, and why. If you are struggling with day-to-day activities, be sure to keep them informed.
6 – Attend ALL your Appointments
It might seem like a drag to attend a peer support recovery group, to go to a therapist for post-accident PTSD treatment, or to attend lengthy therapy sessions. If you do not go to them, however, the opposition will use your non-attendance against you.
7 – There is a Statute of Limitations
The length of time you can claim for after the accident, varies from state to state. In Florida it is two years from the point of injury. If you leave it longer than this to claim for damages, you will find a judge likely to throw the case out.
8 – Go to Court if you Must
Far too many people would rather accept the out of court settlement, just because they do not want to cause a fuss. Yes, court is stressful, but you will get your full entitlement instead of the low-ball offer that will get you to settle out of court. Do not fall for this ploy. Keep at them!
9 – Keep Track of Outgoings
The chances are that you have a lot of medical bills to pay. On top of your pain and suffering, this can be claimed back from the insurer. Keep track of your outgoings and keep your receipts to hand so you can [rove your expenses, should you need to.
10 – Document Thoroughly
If you throw out some of your important pieces of evidence, you are lessening your chances at a successful case. All that is required is that you keep your documentation. This might be photos of the scene, witness statements, or any other documents that you ought to keep hold of.
11 – Get Multiple Assessments
One doctor’s word is great, but the word of five different medical professionals will go farther.
12 – Get Psychological
An injury is not just a physical thing, it is equally as taxing on your mental and emotional health. Each of these aspects should be completely reported so that you get the full number of damages you are entitled to. Pain and Suffering clauses to damage calculation are there for exactly this purpose. Do not forget to include it.
13 – Create a Detailed Symptoms List
Detail your symptoms for your own lawyer, the court, and for your ongoing treatments. You can use the journal you have been keeping recounting your recovery journey, in order to create a complete accounting of your symptoms.
14 – Consider the Client List
A lawyer with twenty clients does not have time to speak to any of them. A personal injury attorney with one client either makes enough to be exclusive to a very wealthy individual or is not good enough to have more than one of them.
15 – There’s No Jury
Do not be scared to file because you do not want to have to face the judgement of your peers. When you go to trial for personal injury incidents, you are judged by a judge, alone. This means that your lawyers and a judge are technically the only people who need to hear about your medical conditions, making it easier for many clients to claim.
If you have been injured in the past and it was not your fault, seek a personal injury attorney willing to represent your case.