Anybody can find themselves in need of legal assistance after suffering a personal injury. Car accidents, tripping and slipping hazards, medical malpractice, assaults, and injury from defective products, are all examples of personal injury. Personal injury law (also known as tort law) enables a person injured by one of these types of acts or other similar acts to file a civil lawsuit and seek damages for any type of losses sustained. The purpose of this area of law is to allow the injured party to recoup financially from the harm done.
The settlement process usually begins with some type of negotiation, perhaps with an insurance adjuster, or an attorney for the defendant.If the case is in litigation, a judge or mediator may act as a neutral party in trying to bring the parties together in settlement. If the parties can’t agree on a settlement value, a jury may be asked to decide the value of the case. Evidence is required to evaluate and value a case.
In order to obtain the best possible recovery, it is necessary to marshal all available evidence as to why the defendants were at fault, and the damages that were suffered. It is important that you provide this information to us, as your attorneys, as early as possible. Such evidence may include:
-Photographs and video of the hazardous condition, damage caused, and injuries suffered.
-Witnesses to the accident and/or the pain and suffering of the injured party.
-Medical records of treatment and testing. Make sure you provide the identity of all the doctors and facilities you were seen by for the injuries suffered. Make sure you tell your doctors all of your injuries and pains as soon as possible, and continue to tell the doctors all of your complaints on each visit. If you tell the doctor of an injury, pain or complaint, it will be recorded in the medical record as evidence. If you don’t tell the doctor, it will be assumed that the omission means you never or longer have an injury, pain or complaint to that body part. The longer you wait to tell your doctor of an injury, the harder it will be for your doctor to relate the injury to your accident.
-Documentation of expenses and lost earnings. Expenses may include car fare, co-payments, deductibles, medication, medical equipment, extra costs for household help, repair costs, etc.
-Physical evidence such as the shoes, clothing, glasses, watches, etc. that were worn at the time of the accident, if they were damaged.
The more documentation you provide us with, the better job we can do in presenting your case. Do not hold anything back. Let us decide if the information is relevant. If you don’t provide the information to your attorney, your attorney can not provide it to the defendants, judges, insurance adjusters, and/or the jury who will ultimately decide the value of your case.
Further, the above information must be disclosed as early as possible. Why? Because the defendants and insurance adjusters are going to place an initial valuation on your case based on the information they have at the time, and it will be hard to get them to change their opinion on the valuation later. Also, if evidence is not disclosed during the discovery phase of the litigation, you will be precluded from presenting it at the time of trial.
In closing, in order for your attorney to battle for you, you must provide your attorney with the necessary ammunition.
The law firm of Zalman, Schnurman, & Miner is experienced in handling all kinds of personal injury cases. All consultations are free and each case is handled on a contingency fee basis. For a free consultation call 1-800-LAWLINE (1-800-529-5463) or email firstname.lastname@example.org.