If you’ve been personally injured as a result of someone else’s negligence, you’ll have the opportunity to recover damages related to the incident. However, you’ll first bear the duty of proving they acted negligently.
How exactly do you do it?
Choosing a Lawyer
The first step of the process is choosing a competent personal injury lawyer. Your personal injury lawyer will meet with you for an initial consultation, in which they’ll explore the details of your case. This is typically free, so there’s no risk in attending. If the lawyer believes there’s a solid claim you can make, they’ll help you understand the process of filing a personal injury complaint and guide you through the rest of the steps of the process.
There are likely many different personal injury lawyers in your area, so as you explore the options available to you, consider experience, area of expertise, fees, overall approach, and even your personal rapport with them. With a good lawyer by your side, it will be much easier to prove negligence in your personal injury lawsuit.
How to Prove Negligence in a Personal Injury Lawsuit
To prove negligence, you must prove four separate elements of negligence.
They are:
1. Duty to act. First, you must establish that there was a duty for the plaintiff to act. For example, drivers owe a duty to each other to drive in a safe manner to prevent injury.
2. Breach of duty. Next, you must establish that there was a breach of that duty. For example, you could show that the driver drank an inordinate amount of alcohol before driving.
3. Injury (with damages). After that, you must establish that there was an injury associated with damages. For example, you can show that after a car accident, you suffered whiplash and multiple broken bones.
4. Proximate cause. Finally, you must establish that the breach of duty was the proximate cause of your injuries. For example, you must show that intoxication led to the accident in question.
Maximizing Your Chances of Victory
How do you maximize your chances of winning a personal injury case, and maximize your potential compensation?
· Follow your lawyer’s advice. The most important guiding principle for you to follow is to adhere to your lawyer’s advice. Lawyers are trained professionals, often with years of experience, and they know how personal injury cases work. They’re going to function as your primary representative, so they owe you a duty to maximize your chances of victory. Their advice is good advice, and you should always follow it.
· Get medical attention. After the accident, you may be reluctant to seek medical attention out of fear of potential costs. However, it’s imperative that you seek medical attention right away and follow all medical advice you receive related to your injuries. This can help establish the extent of your injuries.
· Gather evidence. Also, you should work to gather as much evidence as possible, and your lawyer can help you with this. Take photos and videos of the scene of the accident if you can, and take photos and videos of your own injuries as well. Depending on the circumstances, it may also be prudent to gather witness statements and witness information.
· Document everything you can. Try to document everything you can, saving your medical receipts and documenting any other expenses you incur. This also includes any lost wages you may have suffered as a result of missing work.
· Stay quiet. It’s in your best interest not to talk about the case before it’s resolved. There are several reasons for this, but suffice it to say, you should keep the details of your injury and this case to yourself.
· Be patient. Personal injury cases can take a long time to settle, even though most cases are settled out of court. It’s important to exercise patience during this time for your own mental health. Similarly, it’s important to take care of yourself during this time; try to get plenty of rest, good nutritional intake, and lean on family and friends for support.
· Be ready to negotiate. Most cases settle out of court, meaning both parties reach a mutually amenable agreement long before there’s ever a trial. Typically, this involves a negotiation process between your lawyers and the lawyers of the plaintiff, which will likely serve as intermediaries between you and the plaintiff’s insurance company. Initial settlement offers are usually low on purpose, so it may take some significant negotiation to get the result you want.
Getting injured as a result of someone else’s actions or negligence can be devastating. But with a good lawyer at your side and a willingness to work through the case, you can maximize the compensation you receive.
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