The single most pressing question lawyers receive on a daily basis is: what makes a strong personal injury claim? While it is worth bearing in mind that the details of each case are always different, and no two cases follow the same blueprint, there are some common factors that strengthen a personal injury claim.
Lawyers for a medical mistake, birth injury or serious car accident will look for the presence of negligence, clear injuries, liability, and significant personal loss or expenditure. Without any one of these, the claim can fall apart. But if your case has evidence of all of these factors, it is likely a strong one. Here are some other factors that go into building a strong personal injury claim.
Firstly, the basis of a personal injury claim is just that: personal injury. If you did not sustain injuries, there is no ground for a claim. When evaluating a claim, your personal injury lawyer will determine the permanency of your injuries, the impact it has had on your daily life, and the impact it could have on your future. If your injury has been a major disruption or led to lasting damages, the claim is stronger than when the injury is likely to heal without lasting effects.
When it comes to proving liability, speed is of the essence. If you do not visit a doctor right away and contact a personal injury lawyer at the earliest possibility, it could harm your case.
This is especially important in car accident cases. Your lawyer will need to act quickly on your behalf to ensure that the vehicle which caused the injury is not destroyed and can be used as evidence to build up your case. If there is an event data recorder on the vehicle, often referred to as a black box, it is essential that the data is retrieved at the earliest opportunity before it can be tampered with.
A Neutral, Third-Party’s Testimony
If a neutral, third-party is able to testify that the injuries sustained were a direct result of negligence, it puts the liability squarely on the accused. A police report, for example, which states that you sustained a spinal injury at the scene, and there was extensive evidence that the liable party’s car had just rear-ended your own vehicle, would be a strong indication of liability.
This is an often-overlooked factor that can strengthen or weaken a claim. The fact of the matter is that your personality and character could be called on as evidence. If you have no insurance claims on your record and have been polite, cooperative, and truthful with everyone involved in your case, this can boost your claim.
However, if you have come across as greedy, argumentative, and rude, or if you have an extensive criminal history with a large number of insurance claims, it can seriously damage the integrity of your claim.
Building a strong claim is like completing a jigsaw. You build a jigsaw out of lots of interlocking pieces to create a big picture. In your personal injury case, you need to be able to show the bigger picture. You may not have all the pieces, but the more that you have, the clearer the bigger picture will turn out. Being thorough and ensuring you have acted with these four deciding factors in mind, you will be able to demonstrate your grounds for compensation convincingly, and therefore build a compelling case.