How to Lay the Foundation for a Successful Personal Injury Claim
Jul 06, 2021 08:37 PM EDT
After an accident or incident, it's only natural to wonder if it meets the requirements for a personal injury claim. After all, if there are costs associated with what happened to you, a negligent party should be made to pay them.
While making an appointment with a personal injury lawyer for a free case review is an excellent place to start, the following factors may also contribute to a strong foundation for a personal injury claim.
Having an experienced personal injury attorney on your side, such as one from Onder Law, may put you in a much better position to have a successful outcome with your claim.
With years of experience managing cases like yours, they know how to navigate most accident and incident scenes, gather evidence, form a strong case, and fight for your right to adequate compensation.
An experienced lawyer or law firm may also have far more connections than inexperienced ones. As a result, if you ever need to call upon expert witnesses to strengthen your case, they can tap into a pool of the very best available.
Even though the best lawyers in the industry can work with less than clear liability, it certainly makes for a more straightforward case if it's obvious who's to blame in a situation.
For example, if a drunk driver ran a red light and hit another car that had the right of way, the guilty party would be clear. However, liability in this situation may also lie with the vendor who sold alcohol to the driver. Illinois's dram shop laws are relatively liberal, with commercial vendors potentially liable for injuries and damages if they sold alcohol to the intoxicated person responsible for them.
One of the core components of a strong case is evidence. Without it, you can struggle to build a case against a negligent party, regardless of whether you know they are responsible.
Even if evidence gathering is the last thing on your mind at the time of a car accident or another incident, it's an essential factor in building a solid case. If you are in a position to do so, note down witness contact information and take photos and video footage.
If you require immediate medical attention, your lawyer can assist with the evidence-gathering process on your behalf. This includes police and medical reports so they can try their hardest to claim for medical expenses that may otherwise leave you in debt.
Even if an individual or company has been negligent in their actions, you do not have a solid personal injury case without damages or injuries resulting from that negligence.
Four factors make up a negligence claim: duty, breach, causation, and damages. Some of these factors may be weaker than others, but they all combine to pave the way for a successful case.
Unless you are familiar with all laws surrounding personal injury claims, you may not know whether your case is strong enough to proceed. However, these four factors above can undoubtedly allow for an all-around more robust case. Consider requesting a free case review from a reputable lawyer to determine what actions are worth taking next.