How to Win A Personal Injury Lawsuit

Untimely death of a loved one because of the negligence of another person should never go uncompensated. When filing a case, you need a lawyer you can trust from Dolan Dobrinsky Rosenblum, LLP. An attorney can you seek compensation for your loss.

What is Personal Injury Claim?

The concept of personal injury claim is simple. You get compensation from another person or company who caused you damage. It can be their auto car losing brake while you are in the middle of the road or their medical malpractice by giving you expired medicines.

According to National Center for Health Statistics, 31 million people suffered personal injuries.

  • 300,000 injuries from construction accidents per year
  • 98,000 deaths come from medical malpractice each year

This is an indicator that personal injuries happen a lot. If you are one of the victims, lawyers suggest you file a Personal Injury Claim and receive compensation.

Filing the claim is what makes it hard, however. You will be stressed writing paper works with complicated terms. Worse, without proper knowledge, your claim could:

  • Be dismissed in the court
  • Be filed again next year due to late submission of the claim

You will lose the case if the opposition files a motion to dismiss it. To succeed, you need to learn two important things:

  • How to file your claim
  • How to strengthen your claim 

How to File Personal Injury Claim

Your attorney will explain to you the whole process, but personal knowledge is important to stay right on the track.  Filing the claim varies in each country. But the following methods work in general:

First stage: Make sure you have grounds for a claim such as suffering the physical, medical, or mental damage the opposition inflicted.

Second stage: Gather evidence. Evidence such as photographs and testimony of witnesses will make your claims believable.

Third stage: Consult an attorney. To better understand your case, hire an attorney. They will analyze your situation, provide possible mistakes, and come up with a solution. A good attorney will teach you how to counter when the opposition redirects the events.

Fourth stage: Issue a Statement of Claim at the court. This statement holds your set-up of all the actual events and the medical, educational, or physical costs of your injury.

Remember that the defendant will issue a Statement of Defense with their version of the events.  Detail all your claims. Provide facts and an in-depth explanation to counter their statement.

How to Strengthen Your Claim

The claim is the basic foundation to succeed and get your compensation.

There are three steps that you should do:

  1. Identify the opposition’s duty – gather all the information and evidence that show the opposition’s duty to you. For example, the restaurant has a duty to give you safe food. The clinic is responsible to give you edible medicines.
  1. Show how the duty fails – show how they failed the duty they owed to you. For example, say there are insects in the food you ate, or the medicine you took was expired.
  1. Document your personal injury – take pictures of your injury or record what the opposition’s action caused you. You can ask other parties if they experienced the same.

These methods will give you the strongest chance to get your personal injury compensation.