A good personal injury claim requires three factors, they are clear liability, large damages or injuries, and deep pockets. Even if you have clear liability but have not sustained any injuries or damages in the incident then you can claim no damages. Similarly, the absence of one or more factors influences your ability to have a legit claim.
Before you claim personal injury damages, there are certain things that you must keep in mind to have a full-proof case. According to Pace Law Firm Below we have mentioned some important tips that one must follow to have a strong personal injury claim.
Always take necessary guidance from a lawyer
No matter how strong or solid you think your personal injury claim is, it is never a good idea to initiate a claim without talking to a lawyer. Based on your situation, your lawyer can offer necessary guidance and help you win the case with desired compensation.
John McKiggan, who is a personal injury lawyer at McKiggan Hebert Lawyer, says, “I do think every single person who has been injured or suffered a loss due to fatality should talk to a lawyer if only to find out what their legal rights … and the time limits are”
Know what you are worth
Before going through the entire process, you are most likely to receive a “take it or leave it” settlement offer from the insurance company. If you are unable to offer fitting replies to the defense’s questions then you can end up with an insufficient settlement that may not cover all of your injuries. McKiggan says in this case, the situation “could result in a settlement that’s ultimately insufficient in terms of truly covering all of the incurred costs associated with your injuries.”
“It’s important in every case — whether it’s medical malpractice, car accidents, slip-and-fall — before you engage in litigation, what you think the [value of the] claim is going to be,” McKiggan tells Canadian Lawyer, “because that is going to drive a decision about whether it makes economic sense to invest tens of thousands of dollars in experts, and potentially hundreds of thousands of dollars in time.”
Prepare for the case as if you are going to trial
Almost ninety-five percent of personal injury cases and wrongful death exceptions the medical malpractice ones settle before the trial but as a lawyer, one should be prepared for going to trial. Patrick Brown who is a personal injury lawyer at Orlando McLeish LLP in Toronto says, “prepare the case as if it is going to go to trial. If you prepare the case, in the beginning, with that attitude in mind, you will likely find yourself and your client in a much better position to resolve the case.”
“You want to gather as much information as possible as early on as possible,” he adds; memories can fade and evidence disappears over time. “Very early on, you’re going to have to expend money on investigations with private investigators and engineers, and start accumulating your evidence to prove your case for liability.”
Know how medical malpractice cases differ
Medical malpractice cases are quite different from any other cases according to McKiggan who specializes in medical malpractice. He says, “Liability is usually very easy to determine in car accident cases; at least here in Atlantic Canada, 90 to 95 percent of car accident claims are resolved in advance of trial, whereas in medical malpractice cases it’s almost the opposite.”
“There is an 80-per-cent chance that you could end up in trial,” and more than 90 percent of trial decisions come down in favor of the doctor, McKiggan adds. “You have to assume you’ll have significant hurdles to overcome in establishing liability and causation before you even get to the determination of quantum.”
Understand the statute of limitations
Being aware of the time limit and deadline for filing a claim is very important. McKiggan says, “I don’t think there’s a good understanding that the statute [of limitations] is potentially as short as two years,”
He also says that when a person suffers some serious injuries then it takes them months or even years “to process the effects and impact, and come to terms with what happened before they finally turn to the question of why this happened, or how it could have been prevented. I routinely turn away cases because people have missed the limitation period.”
Contact Pace Law Firm today to discuss your Personal Injury Case and get a free consultation by visiting their website