When someone files a
personal injury claim, they are probably focused on recovering and not necessarily on the complications
of litigation that are looming on the horizon. The negligent or wrongful
party on the defending end of the lawsuit should be held accountable for
the physical or emotional trauma they have put the plaintiff through,
but they are unlikely to accept that blame upfront. Instead, they may
resist offering settlements and await a day in court to get to the bottom
of the issue.
If you are filing a personal injury claim of your own and want to secure
a maximum amount of compensation, there are a few basic components of
any personal injury lawsuit that makes it strong before the court:
Evidence of injury: What is the point of a personal injury lawsuit if there was never any injury,
the judge or jury might ask? If you want to make a strong claim, you need
to be able to show that you had suffered in some way. Physical injuries
can be simple to prove – “Just look at the cast on my arm.”
– and notes from your doctor are beneficial. Emotional trauma can
be trickier and may require extensive documents from a psychiatrist or
psychologist. Get your hands on whatever you can to prove that you were
in fact hurt.
Evidence of liability: Probably the hottest point of contention in your personal injury claim,
you will need to prove that the defendant you have named in your lawsuit
has indeed contributed to your injury or suffering. Did you
slip in a puddle in a retail store? Photographs of the wet floor with no warning
signage would be great. Did a commercial truck driver cut you off and
cause a devastating
trucking accident? Eyewitness testimonies of the trucker’s reckless driving are ideal.
You, or ideally your personal injury attorney, will need to gather evidence
and recreate the scene of the accident or incident clearly before the
judge or jury to show that liability rests on the defendant and not you.
Evidence of hardship: If you have proven that you were hurt and that the defendant caused it,
you should now prove that the injury has caused your significant hardship.
In extreme cases, hardship might mean your inability to get out of bed
without assistance, or constant pain that requires strong medication.
In most personal injury cases, hardship just means what it has costed
you financially to recover. Medical bills, repair cost statements, wage
losses record on pay slips, and more can indicate in plain English and
a handful of numbers that you have experienced hardship due to your injury
and, thus, deserve fair compensation.
Don’t Go Through It Alone
One of the worst mistakes someone can make when creating a personal injury
lawsuit is trying to handle it on their own. The courtroom is not exactly
the friendliest place and saying the wrong thing can turn your case on
its head and put liability onto your shoulders. To avoid making critical
mistakes and getting lost in the legalese of litigation,
contact me, Salisbury Personal Injury Attorney William R. Hall. I would be happy
to point you in the right direction during a
free case review. All you need to do is pick up the phone and call