A Checklist to Determine Whether You Have a Valid Personal Injury Case

Personal injury ranks fourth among the leading causes of death in the US, after cancer, heart disease, and COVID-19.

According to a report by the U.S. Department of Justice, over 400,000 personal injury claims are recorded every year. Only 4% of these cases ever see a trial in court. This is largely because very few people know how to make a successful claim.

If you’re reading this article, chances are that you’re involved in an accident and want to pursue a compensation claim. Depending on the type of case, you may have to search for an award-winning personal injury, employment, or class action law firm to handle the complexities that arise.

The checklist below will help you know whether you have a valid case or not.

Know the Statute of Limitations

Knowing the statute of limitation is crucial to making an injury claim. This refers to a certain time limit within which a lawsuit must be filed to seek compensation. If claims are not made within this given time, you may be prohibited from ever doing so and receiving the rightful compensation.

Establishing negligence

Being eligible for a personal injury claim begins with a demonstration of the negligence of the at-fault party. To satisfy this element, it must be proven beyond a reasonable doubt that:

  • The defendant owed the victim a duty of care
  • The defendant breached their duty of care somehow
  • The breach of duty of care caused an accident
  • Injuries were sustained because of the accident

A Checklist to Determine Whether You Have a Valid Personal Injury Case

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Get your Evidence together

Your evidence is your tool to establish fault and damages. It can make or break any case. Having the right document to support your claim can go a long way toward strengthening your case. It helps to evaluate the nature and extent of the injuries. The more of them you give, the higher your chances of winning. Here are some of the documents you should have:

  • Medical Records: This refers to all documents related to your injuries. This includes treatments and prescriptions provided and any future care recommended.
  • Police Reports: It is important that you obtain copies of the police report. This document usually provides crucial details about the incident.
  • Insurance Information: This includes details about your insurance policies. The information contained therein will tell you if your insurance plan covers your expenses.
  • Photographs of the Scene: Make sure you have pictures of the incident scene or property damage. These pictures make your evidence and claim more trustworthy.
  • Photographs of Injuries: It is also important that you take pictures of your injuries as soon as possible after their occurrence. Capture as much detail as possible about your injuries.
  • Income Information: This information will help your attorney calculate your lost wages and the negative impact the incident will have on your future earning capacity.

Find your witness

More often than not, there’s always a witness on or around the scene of every accident. A witness is an invaluable arsenal for winning any claim. Find them by whatever means possible, and politely ask for their contact details. If you’re lucky, they’ll be happy to provide their details and evidence on your behalf.

Find the right attorney

Don’t ever make the mistake of pursuing a personal injury case without a lawyer. These professionals are vital in a personal injury case. They can also provide guidance on the types of damages available and the best approach to acquiring them.

They will also help in negotiating a settlement that compensates for all the losses and damages you have suffered. If the case goes to court, the lawyer will represent you and make sure you get the justice and compensation you deserve.

Brett Sartorial
 

Brett is a business journalist with a focus on corporate strategy and leadership. With over 15 years of experience covering the corporate world, Brett has a reputation for being a knowledgeable, analytical and insightful journalist. He has a deep understanding of the business strategies and leadership principles that drive the world's most successful companies, and is able to explain them in a clear and compelling way. Throughout his career, Brett has interviewed some of the most influential business leaders and has covered major business events such as the World Economic Forum and the Davos. He is also a regular contributor to leading business publications and has won several awards for his work.