When you are involved in an accident, it does not mean that you can file a personal injury claim immediately. Despite the case having merit, the claim might have issues that can be exploited by the defendant, who will focus on ensuring the financial recovery has been reduced.
The majority of personal injury claims are normally based on the negligence of the other party. Your claim is substantial, depending on the following factors:
1. You Have Incurred Severe Injuries
After determining that the accident was caused by the other party, you need to assess the severity of the injuries. Such issues cannot be resolved at the spot where the accident takes place. The injuries can be evaluated within months or years before the actual value of the case is determined.
In some instances, the personal injury lawyer will wait for the victim to recover fully. The attorney will also follow up to ensure that the patient has attended all the medical appointments. Afterward, the lawyer will better understand the compensation the client deserves before the personal injury claim is filed.
Waiting ensures that you’ll have access to enough knowledge about the extent of the injuries, and the victim will be well compensated based on the injuries they have incurred.
2. The Defendant Has Breached Certain Rules
After being involved in a car accident caused by a drowsy or drunk driver, the defendant has breached specific rules. By failing to exercise the necessary caution, the defendant is supposed to compensate the injured party accordingly.
3. You Have Enough Documentation and Evidence
Gathering the necessary evidence ensures that your attorney will manage to come up with a strong defense. When the proof is well documented, the lawyer will have an easy time proving everything, and the victim may gain from an early settlement.
The essential records include lost income and medical bills. When you work with a reputable personal injury lawyer, your case will be strong, thanks to the documentation and evidence present.
4. The Accident Took Place Within a Specified Period
The statute of limitations for personal injury cases varies from one state to another. In most states, it is four years; however, there are exceptions. The victim should take legal action within the specified period.
5. You Experienced Damages Because of the Breach
The claim ensures the plaintiff has been compensated for all the damages incurred. The victim can recover both non-economic, economic losses, and punitive damages that aim to punish the defendant to ensure they will not engage in similar misconduct again. If you did not incur any losses or injuries, there is no ground for filing a claim.
Other than the above mentioned signs, the following can also show that your personal injury claim is strong:
The Defendant is in a Position to Pay
If you were injured by a person who does not have insurance cover, you would have a hard time recovering the damage. Nonetheless, some of these individuals are self-insured, which means the personal injury claim will enable you to recover all the damages.
Each party should cater to the legal fees individually. There is no need to sue a person who is not financially capable of catering to the injuries you sustained since there is a likelihood you will have to cater to their legal and medical fees.
Some of the issues that can affect your personal injury claim include postponing the medical care, posting about your injuries and the car accident, issuing a recorded statement to the insurance firm, and also ignoring the instructions issued by the doctor. Ensure that you have discussed each issue with a personal injury attorney. The lawyer should be in a position to understand the financial, emotional, and physical injuries associated with an accident.