What Are Some Elements of a Strong Injury Claim?
Posted on Sunday, July 10th, 2022 at 4:50 pm
Just knowing who was at fault for your injury isn’t sufficient to hold the negligent party liable and recover the compensation you are entitled to for your medical treatment and other expenses. You must prepare a solid case that proves someone else was responsible for your injury. That means obtaining valuable evidence to show what happened and how someone else’s actions contributed.
You should pursue legal action against another person or a company cautiously after an accident. Take the time you need to investigate, gather evidence, and develop the right strategy to prove fault. Without incorporating the necessary elements in your case, you will likely lose and walk away without the money owed to you.
Below are common signs that you have a strong injury claim.
You Can Support the Validity of Your Injury with Documentation
You can establish a strong case with complete and accurate medical records. It’s challenging for the insurance company to dispute the validity of your injury when various doctors provide written evidence that links the accident and your injuries. The documentation you maintain should include information such as:
- Type and severity of the injury
- Symptoms and complications
- Treatment required to recover
- Progress of the recovery
You could also obtain a written letter from your doctor confirming you sustained the injury in the accident and need medical care to heal.
Each time you have a doctor’s appointment, take note of the name of the medical provider or facility and the date so you can request copies of the records when necessary. Review every piece of medical evidence before sending it to the insurance company. Even one error on one page could derail the process of your claim and negatively affect its outcome.
Someone Else Was at Fault for the Incident
You should receive some form of compensation after an accident if it falls under personal injury law and you were not more than fifty percent to blame for the accident. Personal injury law holds people liable for causing someone else’s injury. Evidence of negligence, carelessness, or other wrongdoing must exist. That means someone failed to take reasonable care in preventing an injury to others.
Common personal injury cases include:
You should not have much of an issue proving fault if there’s evidence of someone else’s misconduct that resulted in the accident. For example, a property owner is negligent in harming a guest if they know about dangerous conditions but don’t repair them and someone is injured by that dangerous condition.
You Have Substantial Visual Evidence
Visual evidence is valuable in any personal injury case. It is nearly impossible for the insurance company to argue against the liability of their insured when you have a well-documented accident scene.
Your pictures could be of the scene in the immediate aftermath of the accident. You might also have footage from a nearby security camera. Photos of visible injuries are also beneficial.
The Insurance Carrier Offers a Settlement
The insurance carrier might provide a settlement offer shortly after you file the claim. Typically, that means your case has merit. Insurance companies are notorious for avoiding settlement payouts by looking for reasons to deny claims. However, if they offer to settle the case, it could be because they know their policyholder was at fault for the accident.
However, you should never accept an offer without consulting your lawyer first. Sometimes, the first offer isn’t the best. It might be a lowball offer made to try to close out the claim quickly. Insurance carriers often take advantage of unrepresented claimants who may not realize the value of their claim.
You Hired an Experienced Attorney
It’s important that you hire an experienced and knowledgeable personal injury attorney. You need a legal team by your side to advise you about your options and guide you through the complicated process of pursuing compensation.
You should seek representation immediately after an accident. Your lawyer can investigate and gather evidence, so you don’t have to worry about doing it yourself. They can also file a claim and negotiate a settlement on your behalf.
Although these five signs can improve your chance of winning your case, it doesn’t necessarily mean you will. Multiple factors can contribute to the outcome of a personal injury claim. You could face obstacles you don’t know how to overcome, or there might be an insurance adjuster who acts in bad faith. That’s why it’s critical to hire a lawyer instead of attempting to pursue action against the at-fault party on your own.
With over 70 years of combined legal experience, the Beaumont personal injury lawyers of Portner Bond, PLLC can provide the dependable services you need. We treat every client as a priority and provide personalized attention throughout the process. You won’t have to face the complex aspects of a personal injury case alone. We will remain in your corner until the end of your case.
If you sustained injuries in an accident due to someone’s misconduct, call Portner Bond, PLLC at (409) 838-4444 for your free consultation with one of our Texas personal injury attorneys.