Protecting Yourself in Personal Injury Cases: A Legal Overview

Perhaps the only thing worse than actually getting injured is having to fight for your right to the compensation that you likely deserve. Because the costs of an injury can mount rapidly, it’s easy to find yourself in a situation where you are paying all of your medical expenses out of pocket while being unable to earn your normal salary. This can quickly spiral out of control unless you have adequate representation who is able to fight in your corner and help you through. This post will provide you with a few tips on how to help you avoid the worst-case scenario so that you can focus on getting better without worrying about how you will survive financially.

Protecting yourself in personal injury cases: a legal overview

Know Your Rights And Options

The path to empowerment begins and ends with understanding your rights. The more you know in this regard, the more you’ll be able to choose a path that suits your circumstances and that will lead to a successful outcome. The first thing to understand is that personal injury covers a very broad range of events. According to this personal injury lawyer in Manchester, NH, while automobile accidents generally cover most of the personal injury landscape, there are numerous others, including but not limited to medical malpractice and even product liability issues. Once you have a grasp on what it means, you can begin the process of finding a personal injury attorney who specializes in your exact kind of case. For instance, if you were injured during a routine medical event, it will make more sense to enlist the support of a lawyer with years of experience in medical malpractice over one that has spent their life dedicated towards injuries at work, etc. While there is generally some overlap, choosing a specialized law firm will yield much better results as they will have built up a network surrounding that specific type of personal injury.

Document Everything, Including Injuries

Part of knowing your rights and options, as per the previous paragraph, involves acknowledging the necessity of fastidious documentation. The more you are able to record, the more you will be able to use it as evidence. And the more relevant evidence you have, the more likely you will achieve the desired outcome. It’s all good and well knowing you need to record information, but what exactly do you need to document? There will be certain specific things related to the type of injury you sustain, but in general, you will need to record the following:

  • Police report: If your accident required the inclusion of emergency services, you should have received a police report. This is more common in auto accidents but could happen in any situation. Regardless of why they become involved, you should keep their record, which is an official record of what happened. 
  • Doctor’s report: If you were hospitalized, you must get a record from your doctor of your injuries and prognosis. This will enable a judge to determine the correct compensation amount you might need going forward.
  • Pay slips: If you have been unable to work due to your injuries, these pay stubs will help you receive the correct amount of compensation to cover your absence.
  • Witness statements: This option is a little tricky as it involves speaking to any witnesses who saw the incident. If your injuries were severe enough to warrant an ambulance, chances are you will have missed this opportunity. However, in some cases, your lawyer may perform this task on your behalf after that fact. 
  • General expenses: Where most folks tend to fall down is recoding their general expenses. You should ensure to keep a record of anything you spend after your accident. This can be food, utilities, Uber bills, and more. The idea is that while you may not use everything, it is best to have a complete record that you can parse through with an attorney so that you get a better picture of how much your injury has cost you.
Protecting yourself in personal injury cases: a legal overview

Never Settle Unless You Have Agreed With A Legal Professional

It can be extremely tempting to simply accept the first offer you receive from either an individual or an insurance provider so that you can cover your costs and get back to some kind of normalcy ASAP. However, falling for this trap could leave you hugely out of pocket, and once you have accepted an offer, you will be unable to initiate any legal proceedings (unless you were coerced into signing something you didn’t understand, but that is a whole other kettle of fish). However, the caveat could be if you have already spoken with your lawyer, who believes that a settlement offer is the best deal you could hope to receive. If so, you can think about it, but they are usually correct in most circumstances.

Protecting yourself in personal injury cases: a legal overview

Don’t Sign Anything Without Consulting A Lawyer

Just as with the previous point, you should avoid signing anything unless instructed to do so by your lawyer. It is well known that insurance companies will do almost anything to close a case in their favor. Although that is perfectly normal (they are a business and don’t want to pay out more than they take in), it can sometimes be to your detriment. Never be intimidated if you receive a letter from their legal counsel informing you that you must sign a document and, when in doubt, send it to your attorney, who will advise you on the next steps. This tip is relevant whether the document is a standard form or a letter asking you to forfeit your right to compensation. You must always get legal advice before you put ink on paper. 

Be Cautious On Social Media

The urge to post your injury all over social media is strong in this day and age, but to do so could jeopardize your chances of successful litigation. While the reasons for this are varied, the thought is that it could harm the discovery phase of proceedings. The other side to this legal story is that the defending party has the right to comb through all evidence you wish to present, including your social media accounts. If they find anything untoward (i.e., that you might not be as injured as you’re making out), you risk a mistrial in the more extreme cases. Play it safe and avoid posting too much information on your channels.

If you have become injured from an accident, negligence, product deficiency, or anything else within the bounds of personal injury law, you may be entitled to recompense. As long as you heed the advice laid out in this post, you should find your odds of success substantially increasing.

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