3 Signs That You Have a Strong Personal Injury Claim
Aug 29, 2018 07:00
Going through the personal injury claim process is often more overwhelming than it seems. It’s never a bad idea to reach out for legal aid, even if you think you might not need it. There are intricacies to every personal injury claim that you may not anticipate dealing with – which is why an experienced lawyer is so valuable.
If you’re wondering whether or not you have a strong personal injury claim on your hands, consider these three signs.
If you were injured because someone didn’t do their job or did their job incorrectly, or they were the cause of injury to you, then you have the basis of a personal injury claim and can hold them liable for what happened. Liability is a legal term, broadly referring to someone’s responsibility to do something. In a personal injury context, it’s usually referring to a party’s obligation to keep others safe.
There are things in our day-to-day lives that we’re all legally liable to do – for example, we have to follow road signs, make sure our workplaces are safe for our employees, ensure the products we manufacture and sell are not defective, and so on. If you’ve been injured through someone’s actions or inaction and can prove it to be so, then you have a strong personal injury claim.
Perhaps the other party breached a contract, committed medical malpractice, or was driving while under the influence of alcohol. Even if something was an accident or unintentional, you have a valid legal case if you can prove the other party was liable for what happened.
In a personal injury case, damages can be emotional or physical – but ultimately, they must have a significant monetary value attached to them in order to stand up in court. While determining the financial toll of medical expenses or other fees associated with a personal injury may be relatively straightforward, the monetary value assigned to emotional damages can be tricky to figure out – and an experienced attorney can aid you in convincing a court to award you what you need.
Depending on your unique situation, damages sought can be compensatory, punitive, or both. Compensatory damages are the most common type – they’re awarded for things ranging from the cost of medical treatment and loss of income to emotional distress and pain and suffering. Ultimately, they’re meant to compensate you for the financial burden your injury has put upon you. Punitive damages are rarer and are primarily meant to punish the at-fault party if their negligence is considered particularly heinous.
If you’re facing a mounting pile of medical bills or are now saddled with the financial burden of replacing a vehicle or finding a new job, your personal injury case is strengthened considerably. A good attorney can help you figure out what your specific case is worth and what you may be awarded if you take your claim to court.
After suffering from an injury, one of the first things you should do is collect evidence. Having strong evidence and relevant documentation is integral to any personal injury claim because it’s the basis on which you make your case. Examples of documentation include:
●Your own detailed account of what occurred
●Any video surveillance footage or photographs, such as from a stoplight camera
●Physical evidence, like a defective product or a damaged vehicle
●Photos of the scene of the accident and/or your injuries
A local New London personal injury attorney can help you identify pieces of evidence you wouldn’t have otherwise known to collect. Attorneys can also send out preservation letters, which prevent the accidental or deliberate erasure of any relevant information – like camera footage or the “black box” within a vehicle. Evidence can degrade or get lost over time and memories can fade or change, so things like gathering eyewitness accounts and collecting data quickly are key to bolstering your injury claim.
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