Compensation for Pain: Preparing a Solid Case is Important to Your Claim

There is no situation in which someone wants to go to court to have to fight for his or her rightful compensation after a personal injury. If you’ve suffered a personal injury, you have every right to file a claim against the individual at fault. Whether this injury happened due to a car accident, a store owner’s negligence, the faulty work of a construction company, or your company’s failing, you have the right to fight.

However, just because you’ve been injured does not mean you will win your court case. Even if the party responsible is 100% at fault, you will still need to prove that. To do this, you need to prepare a solid case to argue your point.

Compensation for Pain: Preparing a Solid Case is Important to Your Claim

The requirements for filing

Depending on what type of personal injury claim you are filing, the type of injuries, and the circumstances under which they occurred would affect the necessary evidence that you will require to successfully follow a lawsuit.

For example, you may require:
• Statements describing the incident or event that led to your injuries
• Police reports of the accident (if applicable) including statements from witnesses
• Eyewitness statements
• Photos showing the accident scene or the site at which your injuries occurred
• Photos of the physical trauma you suffered or your damaged personal property
Medical records that document treatments needed as a result of your injuries
• Insurance documentation related to any claims filed with your own or the insurance providers of the defendant

Evidence necessary for each type of claim can vary wildly, so hiring a law firm that has case winning personal injury lawyers will help you navigate the convoluted roadways of legal requirements and give you a better chance at winning your case.

Your role as the claimant

If you are the claimant in the case (the injured party), it will be your job to prove your claim in order to receive compensation from the defendant. You have to build a strong body of evidence using the suggested tactics above, and document in as many ways as possible that the defendant is responsible for your injuries. When this is the case, it’s important not to be shy and to pursue the information you need without hesitation. If you’re still on the scene of the accident, get eyewitnesses contact information, take pictures, and get relevant documentation. Too often we feel that we shouldn’t “rock the boat” when it comes to being injured, but it’s important to pursue restitution to the full extent of the law when someone’s negligence or actions causes you to lose enjoyment in your life or to become injured.

As a claimant, you must also decide whether or not you want to file a lawsuit or settle out of court, or to even pursue the personal injury claim at all. Once the first step of contacting the defendant and informing them of your claim is out of the way, you must then decide whether to accept an offered settlement (which could happen either directly through the defendant, or through their insurance company), or to file a formal lawsuit and be prepared to argue it in court.

Comments

  1. Jo-Ann Brightman says

    I have never had to file a claim for pain compensation. This information is important to have in case I have to file a lawsuit in the future.