When you or a loved one gets injured in an accident, it changes your life, often dramatically. While you may have to deal with lasting injuries and financial hardships in the long term, the immediate aftermath is a lot to process.
What you do after a personal injury affects the outcome of a case and may even dictate how much of a settlement you may get, so you must conduct yourself appropriately for your benefit and well-being.
Do you know what to do after your accident to protect yourself and get a fair settlement? This is how to handle a personal injury case.
1. Understand What Is at Stake
Accidents can have lasting effects both physically and mentally. Immediately after an injury, your body is altered, and it has to begin adapting and repairing.
Your finances will also probably be affected because you may be unable to work and may have added expenses for recovery or long-term care. Your quality of life may change, and this causes a negative mental state that affects your relationships, too.
When you are dealing with a personal injury case, you need to take all of this into consideration because a settlement must not only serve your immediate needs but also have to care for your long-term while you recover in all facets of your life.
2. Collect Evidence
A personal injury that goes to court deals with information and facts. It is up to you to gather as much detail and information about your accident so it will build a strong case in your defence. The evidence you need to collect includes:
- Photos from the accident scene
- Details like time of day, weather conditions, location and cause of accident
- Your immediate injuries
- Police report
- Eye witness testimony
- Who was involved in the accident
- The treatment you received and any ongoing care
- Journal of your mental state every day
- Loss of income
This evidence should be presented to your lawyer to verify the incident that caused your injury and bolster your case.
3. Find a Qualified Lawyer
While you may have used a lawyer in the past for a personal injury, you want someone who specializes in these types of cases. Find a personal injury lawyer you can trust and set up an initial consultation to explain the circumstances of your accident. They will want to know:
- How the accident occurred
- All parties involved in the accident
- Who may be liable for the accident
- Any injuries sustained from the accident
- Any treatments received as a result of the accident
- Any future treatments required as a realist of the accident
From there, your lawyer will be able to assess how best to proceed.
4. Investigation
Once a lawyer represents you, they will start an investigation to dig deeper and obtain evidence they know will be vital in your personal injury case. They may have a team to assist them and will follow up with all accident and incident reports from the accident, as well as identify all parties and set up claims with their insurance providers.
They will need all transcripts of medical bills and records that pertain to your doctor and specialist visits, along with treatment and ongoing rehabilitation appointments. This is done thoroughly and meticulously to get the most favourable outcome possible.
5. Demand Letter
Your lawyer will write and issue a demand letter to present the facts of the case and demand compensation. Outlined in the letter are details of the accident and injuries sustained, and it will include a deadline by which the at-fault party must respond.
Your lawyer will strategize to prepare for a response, and either there will be a settlement to negotiate, or the case will go to trial.
6. Continue Treatment
While all this is happening, your job is to attend all doctor’s appointments and all medical treatments. This may include:
- Surgery
- Rehabilitation
- Physiological therapy
- Massage
- Chiropractic treatment
- Counselling
If you stop seeking treatment, it shows that you are not taking your injury seriously or have recovered, and this damages your case and may lower the potential settlement your lawyer is working towards. Your doctor knows what is best for you, so follow their exact treatment plan without fail.
7. Settlement & Trial
If you are offered a settlement, consult your lawyer before doing anything. Your lawyer is there to represent you and will negotiate with the other party to work towards something fair and just. Your lawyer will file a lawsuit if their offer is inadequate or the negotiations stall. This will then go to the courts, where they will represent you and present your claim for injuries to obtain a favourable verdict.
This is how to handle a personal injury case. Following these steps will give you the best chance of a favourable outcome and adequate compensation to move forward. While any money gained may not replace your life before the accident, you need to live your new life, and a fair settlement will help to provide the comfort and care you need.
