A Personal Injury Attorney Lists the Necessary Documents to File a Claim
According to the Bureau of Justice Statistics, there are nearly 30,000 cases of personal injury in the U.S. each year. They estimate that the plaintiffs won a median of $28,000. But not all personal injury cases were resolved in favor of the plaintiffs. An experienced attorney advises that unless you know the documents that will be required, your personal injury claim may not be successful.
Personal injury can be defined as the damages incurred through someone else’s negligence. When you make a personal injury claim, it will result in some form of compensation. The most common form is monetary compensation, where the negligent party will pay to cover the costs of your treatment, medication, and recovery. Sometimes, they even provide the loss income due to the injury.
However, this successful outcome will only be reached once you successfully establish causation. Causation means that the injured party has to prove that the negligent party is responsible for the accident. Not only that, but proof that the injury was caused by that accident must also be presented.
Severe accidents and catastrophic injuries usually create an undeniable link between the two and automatically establish causation. However, when the injury is lighter in nature or if the offset is not immediate, then causation may not be as straightforward. Thus, it is extremely important to prepare certain documents to help you file a personal injury claim.
A person’s medical records will paint a whole picture of his health journey. This is a useful document to help you prove causation in a personal injury claim because it contains not only the diagnosis, therapy plans, and prescriptions for your current condition but also proof that this condition manifested after the accident. There will also be a description of your wounds and injury in the document.
While you are at the hospital, ask for a breakdown of the cost of your treatment. This document should include every service and therapy used to help you recover. For example, ambulance fee from the site of the accident, pharmaceutical medication, and physical rehabilitation.
Documentation of Your Injury and Suffering
If you are a victim of an accident, it best to take some pictures for proof. These pictures include the injury on your person and on other properties that were affected by the accident such as your car or house.
Taking notes about the circumstances that led to the accident is also useful. The traffic, the weather condition at the time, the speed, and the behavior of the negligent party are some of the things you must document. However, this step must be done as soon as you are able to because many accident victims tend to forget important details as time passes.
The injury caused by the accident may be debilitating and can prevent you from going back to work. As you file a claim, it is possible to ask to be compensated for lost income. If you are working for a company, the sum claimed will be your monthly wages. However, if your income varies from month to month you can calculate the median wage per month or ask your insurance company to help you come up with a number.
People who suffer from a permanent disability as a result of a personal injury may be entitled to claim for any costs associated with conditions that developed because of the disability. The fee incurred for making your residence and vehicle accessible to wheelchairs, for example, can be compensated by the responsible party. In case you require nurses for home care following the accident you can also file a claim to cover the cost.
If you are a victim of an accident with a personal injury element to it, it is wise to ask for assistance from a professional lawyer. A personal injury attorney will know exactly how to win your case and get suitable compensation, as well as represent you should the case go to trial.
Stages of a Personal Injury Case, DMV.org
Proving Causation in Personal Injury Claims, Lexology.com