How To Judge The Merits Of Your Personal Injury Case


When you decide to take legal action against the driver that caused you to be injured, you are setting in place a chain of events. While many citizens never have a reason to be concerned about our justice system, knowing a few of the basic tenants could help you understand what to expect and what you might be up against as you attempt to gain compensation. Read on to find out about three of the most important points of law you will encounter in your journey toward personal injury success.

You Must Take Action Quickly

The laws state that you only have a limited amount of time to seek legal recourse. That means that you should file your suit as soon as you can. The sooner you take action, the fresher and more available your evidence will be. The statute of limitations is in place in all states and protects both sides from late actions. If you wait until the statute of limitations in your state has expired, it won't matter how convincing and valuable your case might be. It will never see the courtroom because you have waited to long to seek justice.

You Must Prove Liability

Accidents are seldom simple incidents. You might just automatically assume that the other driver is 100% at fault and that you did nothing wrong. Once you file a claim, the insurance company will begin an investigation to determine, among other things, who is at fault. They will review statements from you and the other driver along with the accident report, which often contains the opinion as to the cause of the accident by the responding law enforcement officer. They will look at any available evidence, such as:

  • Photographs of vehicle damage
  • Photographs of skid marks
  • Eye-witness statements

and more.

After an investigation, you might find that you are being asked to share some the fault. This is known as liability. If you do not already have a personal injury lawyer, now might be the time to act.

You Should Be Prepared to Prove Damages

The word damages in this sense means the dollar amount of expenses connected to the accident. Keeping up with the damages and showing proof of each expense is vital. Your medical records is one of the most important forms of proof of your physical injuries, for instance. Other forms of damage and the proof needed might be:

  1. Receipts for tolls, parking, public transportation, etc to help you deal with your temporary lack of transportation and to attending to accident-related medical appointments and more.
  2. Pay stubs and statements to help you prove your lost wages.
  3. A pain journal can help you deal with the negative effects of the accident in addition to helping you prove your pain and suffering.

As you can see, the system protects both you and the other side in a civil action. Never take your personal injury success for granted. Speak to an attorney, like Campbell Barnett PLLC,  to learn more.


13 January 2019