If you’re about to file a personal injury claim, you’re probably wondering how to get to the optimal level of compensation. Of course, if it’s your first time doing it, it could feel a bit overwhelming. This is why you should inform yourself properly before filing your claim, and this article is a great place to start!
We will try to give you detailed advice to help you achieve the best possible results with your personal injury claim.
So, without further ado, let’s start this mini-guide to personal injury claims!
1. Don’t wait for too long
It’s important that your case is fresh, and there are two important reasons for that. First of all, some laws and regulations have a set time limit in which you can report and file this type of lawsuit. For example, in Western Australia, this time limit is 3 years. There are, of course, some exceptions for this rule, so the best course of action is to consult a legal professional to help you find out more about these time limitations.
The other reason that makes the time a crucial factor to be considered is the fact that you’re more likely to have all the necessary evidence earlier in the process. A lot of evidence can get lost after some time, so make sure you file your lawsuit as soon as possible.
2. Don’t settle immediately
The first offer you get will always be lower than that which you deserve. So if you feel like the amount is too low, or not enough to pay off your injury expenses, don’t hesitate to refuse the initial offer. Most of these lawsuits are settled outside of court, but if you’re not satisfied with the settlement offer, you should always choose to go to court instead. Remember, the injury you sustained was due to someone else’s fault and irresponsibility, so you’re only holding them accountable for the damage they did to you. You should never feel bad about asking for the amount you deserve.
You should consult your lawyer so you can learn what’s the best amount you can get. Never settle for less than what your lawyer advises.
3. Don’t post anything online
Whatever you do, don’t post anything related to the case online. It could lead to some unwanted consequences, and it’s generally not a good idea for anyone who has a court date in the near future. Also, don’t discuss your claim with anyone since it could easily backfire, you never know. It’s always better to be safe than sorry!
Remember, you can’t claim to suffer from serious damage and injury and then post vacation pictures on your Instagram. Even if these pictures are old and you’re just posting from your phone’s archive, this could be used against you in court. So be smart, and avoid social media activity before your case is resolved.
4. Get a good attorney
Getting appropriate legal advice and help will be of the utmost importance for the success of your case. Make sure you hire a capable and knowledgable attorney who will be transparent with you and set your expectations in a realistic manner.
You have to look for a mix of experience and knowledge, so getting a lawyer that specializes in these types of cases is crucial. For example, the Foyle Legal Lawyers based in Perth, Western Australia, have a wide range of experienced criminal injury compensation lawyers. Make sure you look for customer feedback and ask the lawyer about their previous experience when it comes to personal injury cases.
Your lawyer will be able to give you some essential advice and help you get your claim accepted much faster and ensure the best results possible. So make sure you get someone you can trust.
5. Consider the future damages too
Just because you’re filing your claim before you’re completely recovered from your injuries, it doesn’t mean you can’t ask for some future compensation too. Always remember that you can ask for any amount necessary to completely compensate for your injury expenses.
Ask your lawyer to give you an estimate, and try to negotiate the best possible amount with the other side. The most common mistake people make is forgetting about possible future expenses, so always talk this through with your lawyer and get to the optimal compensation amount.
Other than your medical expenses, sometimes the strain on your mental health can play a huge part in your lawsuit. Also, think about other damages you suffered, maybe your injury was so severe you couldn’t work for a while which in turn reduced your income. This is why getting a good attorney is so important, they’ll be able to tell you about some things you’ve forgotten about.
6. Evidence is key
Make sure to collect all the necessary evidence for your lawsuit. Keep all the pictures from the scene, the complete police report, medical evaluation, and get witness statements if possible.
Also, remember that you have to prove that your injury was a direct consequence of someone else’s behavior. This is key if you want your personal injury case to be successful.
You can file your personal injury claim for many different things, but the most common occurrences are for pain and suffering, damage to your belongings, loss of income, and many other types of personal damages. Whatever you do, make sure to get some professional advice so you don’t end up wasting your time and energy on something that’s bound to fail.
Sometimes the actions of others can have a negative effect on our well being. The best way to hold them accountable for their actions is by filing a personal injury compensation claim. Make sure to hire a trustworthy attorney, consider future expenses, and collect enough evidence before you file your claim. Other than that, it’s important to keep the matter private before everything is finalized.
All in all, with a good personal injury attorney claiming your personal injury compensation should be an easy process. Just make sure to ask questions and listen to their advice for the best possible results.