If you’ve been injured and someone else is to blame, you can hold them accountable for the harm they caused you by filing a personal injury insurance claim or lawsuit against them. However, your case must be successful before you can receive the compensation you deserve from the person responsible for your injuries. Let’s take a closer look at some of the tools you can utilize to increase your chances of success.
Materials You Can Use in a Personal Injury Case
Successful cases are built out of strong evidence, and it is critical to know what evidence you need and where to find it. Your attorney can help you gather all the relevant documentation you will need to bring the strongest possible lawsuit against the person who caused your injuries, which may include the following:
If you’ve been harmed through someone else’s carelessness or misconduct, there may be physical evidence from the accident scene that you can use to support your lawsuit. Examples of valuable physical evidence include debris from a car accident, the clothing you were wearing when you slipped and fell on someone else’s property, or the tool that fell and hit you at a construction site.
Visual evidence is another common and compelling type of evidence used in personal injury cases. Photos and videos can be used to show a judge or jury that the defendant was responsible for the accident. For example, if you were injured in an accident with a distracted driver, photos of the accident scene showing a lack of skid marks could indicate that the driver never applied the brakes. Traffic or security camera footage might show them looking down in the split seconds before the collision.
Some types of visual evidence can be challenging to obtain on your own, such as traffic and private surveillance camera footage. Working with a skilled personal injury lawyer will make getting the evidence you need to demonstrate fault easier.
If there were any bystanders near the scene of the accident, getting their testimony can also significantly bolster your case. Anyone who observed the accident can provide an objective, third-party view of the incident, which could help you establish liability. Family members, friends, medical providers, and mental health experts can also provide testimony detailing how the accident impacted you, while accident reconstruction experts can testify about how the accident happened. Getting statements or testimony from these witnesses can benefit your case.
Medical records, medical bills, insurance forms, accident reports, witness statements, pay stubs showing missed time at work, receipts, and other relevant documentation can establish the nature and cost of the harm you have suffered. All of this documentation can help a judge or jury understand the severity of the accident and the expenses you have incurred.
It’s also crucial to preserve this evidence. For example, you may want to back up those images to a flash drive to ensure they can’t be lost. You should keep any materials you have gathered in a file that you can present to your attorney during your initial consultation and make copies for safety.
Preparing a Personal Injury Lawsuit
While some elements of a personal injury lawsuit are beyond your control, there are steps you can take to make sure your case gets off to a good start:
Avoid Social Media
Discussing the accident on social media with your family and friends might be tempting, but doing so can negatively affect your personal injury case. It is common for insurance companies and defense attorneys to browse through claimants’ social media profiles in search of anything they can use against you – such as photos of you engaging in activities after having said you were too injured to do so. Your posts and comments may be viewable even if your social media profiles are private. The best thing you can do is avoid discussing the accident on social media until your attorney obtains a settlement or judgment for you.
Seek Prompt Medical Attention
Your number-one priority after an accident should be your health. Some types of injuries don’t immediately show symptoms, so it’s essential to be checked out by a doctor as soon as possible, even if your injuries seem minor. By getting treated right away, you can prevent the defense from arguing that you sustained your injuries in a separate accident.
As a plaintiff, you also must mitigate your losses by not leaving your injuries untreated. If you don’t seek medical treatment after the accident, the defense might argue that you made your injuries worse by not receiving treatment and that you shouldn’t be entitled to the total amount you’re seeking.
Put Together Any Evidence You’ve Collected
Compile all the documentation you’ve gathered before your first meeting with your lawyer. This documentation should ideally include contact details for witnesses, medical bills and records, visual evidence you collected at the scene of the accident, and copies of police reports. This documentation will help your accident attorney get a good handle on your case and your odds of success.
Look for an Attorney in Your Area
If you were harmed in an accident, you should speak to a lawyer as soon as possible. Most personal injury attorneys work on contingency, which means you don’t have to pay their legal fees unless they secure compensation for you. Because of this, you can usually expect an attorney to give you an honest opinion about your case’s validity and your chances of obtaining a positive outcome. During your initial consultation, you can get a feel for the attorney and assess whether they are the right fit for you.
The right attorney will be an invaluable resource throughout your personal injury case. Your personal injury lawyer will defend your interests and protect your rights as they guide you through every step of the legal process.
Be the Best Plaintiff You Can Be
Defense attorneys want plaintiffs to get stressed by the pressure of a lawsuit and lash out in court, leading judges and juries to question their character and reliability. Don’t give them the tools they need to undermine your case. Instead, dress appropriately in court, remain calm, and be polite even when the defense is goading you to act otherwise. And remember to rely on your attorney’s advice. While this might be your first time in court, it shouldn’t be theirs.
Injured in New York? Finz & Finz, P.C. Is Ready to Help
If you were injured in New York City and someone else is to blame, you could be owed money. Finz & Finz, P.C. wants to help you pursue it. Contact us today to discuss your case with an experienced New York personal injury attorney for free. We have the tools to gather evidence and build a strong personal injury case on your behalf. We can be reached online or by calling 855-TOP-FIRM.