6 Indications Your Personal Injury Claim Is Solid

You cannot immediately ascertain if an injured fellow deserves compensation for their harm after a mishap. Even if the victim has a solid personal injury claim, the guilty party will attempt to distort it to hamper your monetary compensation.

You want to know your chances of success before instituting a personal injury lawsuit. However, no one can authoritatively tell you how your case will end, as numerous factors affect a personal injury lawsuit. That is why you need a personal injury lawyer!

Specifically, a personal injury attorney will help evaluate your case to determine its validity. Due to their experience in handling similar cases, they may tell you the potential of your matter and they can help you file a personal injury suit if you are entitled to a claim.

This piece outlines six indicators of a solid personal injury claim:

Evidence of Violation of Duty of Care

You must prove that the defendant owed you a duty of care and they breached it. A negligence lawsuit rests on this premise; the defendant must show negligence where the law expects them to be responsible.

For instance, you can sue a physician for misdiagnosis or wrong treatment because they owe you a duty of proper treatment. In other words, you can sue the doctor if another physician with similar training and qualifications would have performed better under the same circumstances.

However, you cannot sue a doctor friend who gave you a wrong opinion about a given symptom for medical liability because there is no established duty of care. You sought their opinion rather than proper medical care.

Admission of Guilt

A defendant might admit wrongdoing in an accident while speaking with you before litigation. It might be your attorney’s most potent tool when preparing for a lawsuit.

For instance, if you sustain injuries in a parking lot and the owner texts you on your way to the hospital to apologize for the spill on the floor that triggered the mishap, the text can become veritable proof in establishing guilt in court. They cannot go back on their words.

Severe Medical Harm

You probably have a solid matter if you suffer severe medical harm and can use medical evidence to establish your point in court. However, your evidence must be solid before proceeding in this case because many manipulate the legal system with exaggerated or self-inflicted injuries. Precisely, you must possess medical bills, treatment costs, and physician schedules.

No Wrongdoing from You

Unfortunately, some accident victims deny themselves eligible monetary compensation due to avoidable mistakes.

Below are the errors to avoid if you want your personal injury claim to be valid:

Posting details of your harm on social media
Ignoring or overlooking a physician’s recommendations
Avoiding medical intervention immediately after the accident
Failure to document your medical records
Ignoring the need for a personal injury lawyer
Admitting wrongdoing to insurers
Allowing insurers to record your conversations
Assenting official documents from insurance adjusters without your lawyer’s approval

Proof of Personal Damages

The main essence of personal injury suits is the recovery of damages. The court may penalize a guilty party and ask them to pay damages for emotional and monetary losses. You can file a personal injury claim if you are involved in a mishap and suffer damages.

“Your case will be porous without any personal damages. It means there is nothing you can point to as the consequences of the accident. Hence, the court will wonder what you want them to recover from the at-fault party,” says personal injury lawyer Benjamin Gideon of Gideon Asen LLC.

Availability of Photographic Proof

Despite the benefits of eyewitness evidence, you cannot compare its potency to a real-time mishap photo. The world is now a global village where you can quickly capture and process images with your mobile phones, CCTVs, and other cameras. CCTV could have captured the accident.

Presenting photographic or video proof can make your personal injury claim more potent. It is an intelligent way to establish the defendant's negligence. It also shows that you do not exaggerate anything in your claim.

People can hardly deny photo or video evidence. Thus, having a real-time capture can set your claim on the path to success.

Conclusion

This article discussed six parameters to determine the validity of your personal injury claim. Thus, before deciding to head to court, consider how many boxes your case ticks out of the six. It can help you determine the outcome of your suit.

However, it is advisable to consult your personal injury attorney if you still need clarification. They will advise you based on the legal realities and the hindrances you may encounter. Further, they will tell you how to handle the case for maximum compensation.