When considering how to win a personal injury claim, it is important to demonstrate that the other party was negligent, meaning they owed you a duty of care, failed to meet that expected duty of care, and caused the accident that directly led to your financial and physical injuries.
You must demonstrate liability through presenting evidence of both fault and the losses you suffered to convince the insurance company or court of your right to recover damages, and you should do so with the help of a Charlottesville personal injury lawyer.
Gather All Evidence of Fault
The first step in winning your personal injury claim is to determine who is at fault, and the court requires that you do this through evidence. Gather as much evidence as possible to document what happened and why.
This type of evidence changes based on the type of injury and case, but some of the most important evidence applicable in most personal injury claims include:
- Witness statements from the incident. Anyone at the scene of an accident, whether or not they were involved, is a valuable resource for you.
- Photos or video of the accident. In some situations, photo evidence is the most telling, whether from traffic or surveillance camera footage.
- Photos taken after the accident. If you take photos of the accident scene, vehicle damage, and any injuries, you provide forensic teams with valuable resources.
- Data logs. Depending on the situation, you may be able to gather evidence from data logs, such as those from a commercial truck, or from vehicle maintenance records showing that the driver or owner failed to maintain the vehicle.
- Medical records. In some situations, medical records from the parties involved right after the accident can serve as valuable evidence, especially if one person has a blood alcohol concentration that is above the legal limit.
Your personal injury attorney will gather as much evidence as possible from numerous sources to build your case. The process involves considering a wide range of data points and knowing what type of evidence may be available to you. Your attorney has the resources, including expert witnesses, that may be able to help with this data.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Get Medical Care Immediately
To win your personal injury claim, you must demonstrate that the other party’s actions or inactions caused physical injury to you. If you slip and fall, but fail to go to the doctor right after that accident, there is no real evidence of your losses. However, if you slip and fall, go to the hospital, and get examined, the doctors can verify that you suffered an injury.
Even if you feel okay, you should go to the hospital. In many situations involving force, such as motor vehicle accidents or falls from heights, you may not realize the underlying injuries you have right away, especially traumatic brain injuries, soft tissue injuries, whiplash, and internal bleeding, for several hours or even longer. Going to the doctor immediately protects your health by finding these concerns early.
In addition to that, immediate medical care strengthens your personal injury claim. It demonstrates to the insurance company that there was no delay in seeking medical care, and, as a result, the injuries the doctor finds are directly from the accident and not from anything that may have happened after the accident.
Document All of Your Losses with Evidence
Your attorney will work with you to create a system for reporting losses during the process, and this process needs to address all types of physical, emotional, and financial loss you have from the accident and onward.
Consider these strategies for documenting evidence that can help build the strength of your claim:
- All medical bills and appointment data can be used to demonstrate the care received
- Medical records serve as valuable resources for understanding the extent of your injuries
- Missed work and logs showing loss of earnings, including paycheck stubs and tax returns
- Noted hours or PTO time missed due to injury
- Medication and treatment prescriptions
- Losses related to repairs to assets
- Mental health care appointments
- Transportation costs for appointments
These resources help to document your economic damages. For non-economic damages, keep track of the way you feel, statements from those who are interacting with you, a log of activities you could not engage in, and a diagnosis of mental health complications from providers. These details help to show how you suffered and continue to suffer.
Medical Expert Testimony
In many cases, a medical expert can also provide information about future expected losses, including treatment, medications, and complication risks, that may not yet have an accurate diagnosis or have not yet occurred.
However, these providers can build a solid case that shows what your future is likely to involve.
Hire an Attorney for Your Case
To win your personal injury claim, hire a local, experienced attorney who can help you evaluate all losses, prove all parties at fault, and build a strong claim for you. When choosing an attorney, specifically look for:
- An attorney with trial experience. You do not want to settle your case early for too little. Choose one that also understands the Virginia statute of limitations (§ 8.01-243) of two years and will file within it.
- A lawyer with experience in the type of personal injury claim you have, such as vehicle accidents or medical malpractice.
- Look at the attorney’s history of winning cases like your own. Consider testimonials from other clients and the lawyer’s reviews.
All of these details can make a big difference in the outcome of your case. Your attorney knows how to protect your claim value and what steps to take to manage the insurance company’s actions.
Find the Right Attorney
When you need to win your personal injury claim, you increase your chances by presenting a strong, evidence-based claim with the skill of a Charlottesville personal injury attorney by your side.
Choose one who will best represent you by calling the experienced team at MartinWren, P.C., today for a free consultation.
Call (434) 817-3100 or complete a Case Evaluation form