An accident can be devastating since it can lead to unprecedented financial losses, disability, pain, and suffering. However, if you are injured as a result of someone’s recklessness, you are entitled to get compensation from the wrongdoer. There are different steps you will need to take to get the settlement you deserve. Keep on reading to learn everything there is to know about how you can win negligence-related accident injury claims.
First and foremost, you must prove negligence to win your accident injury claim. The following are the four main things you should prove first.
- Duty of care: Prove that the defendant had a responsibility to offer you some form of care.
- Breach: The other party breached the duty by acting recklessly.
- Causation: The defendant failed to act in a reasonable way which led to your injuries.
- Damages: You suffered financial losses as a result of the injuries.
To prove these four components of negligence in your compensation claim, you should collect video and photographic evidence of the accident scene. While at the accident scene, try to gather all the necessary details from the witnesses around. Exchange details with the other driver if you are involved in a road accident. Make sure you report the accident to the police. When dealing with law enforcement, never falsify your evidence since this can compromise your compensation claim.
You also need to seek medical treatment so you can produce evidence like medical reports, medical bills, and other out-of-pocket expenses to support your claim. Your attorney can help you gather all vital documents such as receipts, insurance, and parking costs incurred when you were seeking treatment.
If you have lost wages or income as a result of the injuries caused by the accident, you must also prove this to get the ideal settlement. If you have a regular 9-5 job, this is as simple as producing your payslips. However, the process of proving loss of income can be challenging if you work on a commission or contract basis. Therefore, you must work closely with your attorney to prove the nature and extent of the impact the accident has had on your earnings.
Seek Legal Advice
Though you can file a compensation claim on your own, it is a good idea to enlist the services of a personal injury lawyer to handle your case. You can visit your local law firm to seek legal advice concerning the steps you should take to recover a settlement for your injuries. A lawyer will go through all the details of your case to determine its merits. Reputable attorneys offer free consultation, and they work on a contingency basis. You don’t pay anything until the case is finalized and you win the compensation you deserve.
Inform the Defendant about the Compensation Claim
You need to inform the defendant or their insurance company about your intention to pursue an injury compensation claim. You can do this by sending a letter of demand stating the reasons for the claim and the settlement you want for the injury incurred. It is vital to explain why you think the other party has been negligent. The insurance company should respond once they receive the letter of demand.
Negotiate With Insurance Companies
When the insurance company responds, you can begin the negotiation process. Make sure your injury lawyer takes the lead in the negotiations since they have experience dealing with similar cases. Insurance companies also have the right to seek legal representation, so you must prepare for the case.
Appeal a Settlement
Most accident cases are settled by negotiations out of court between the parties involved. If there is overwhelming evidence to prove negligence, the wrongdoer will offer a settlement. However, insurance companies are in business, and some of them prioritize their interests over that of the claimants. As a result, it is not surprising if you are offered compensation that is not commensurate with your injuries.
To get the settlement you deserve for your injuries, do not rush to accept the first offer. Consult your attorney first to help you make an informed decision. If you fail to agree with the insurance company on the compensation you should get, then your injury claim can proceed to trial. Remember, you are likely to win your injury claim if you have quality legal representation.
An accident can be catastrophic since it causes life-changing impacts like permanent injuries, loss of income, pain, and suffering. If you are injured as a result of someone’s negligence, you are entitled to get compensation. To get the settlement you deserve, you should utilize the steps outlined in this guide.