Key Strategies to use when fighting a Personal Injury Case

If you’ve been injured through the negligence of somebody else, you might bring a personal injury claim against them. Assuming that person is insured, it’s going to be you against the insurance adjuster for the person who caused the accident. They’ve handled claims like your claim every day for years. This is your first claim against an adverse insurer. Following these strategies might get that adjuster to listen to you and give your claim due consideration.

Negligence
Almost all personal injury claims are brought under the law of negligence. To show negligence, you’ll be required to prove its elements. If you fail to prove any single element, your cases fails. The elements of negligence are:

  • That the other person owed a duty to you to exercise reasonable care
  • A breach of that duty
  • Physical harm was caused by that breach
  • The breach resulted in damages to you
  • Your damage was proximate cause by the other party’s breach of duty

Admissions of liability

If your police accident report states that the person who injured you admitted a violation of a statute or ordinance to the investigating police officer, you can probably use that admission against them. An admission is generally an exception to the hearsay evidence rule.

In court admissions
A guilty plea to a traffic citation is admissible against the person who injured you. If you were stopped at a red light, and the other party was charged with failing to reduce speed to avoid an accident, you can Usually use that guilty plea against them. That’s anotherĀ exception to the hearsay evidence rule.

Medical records
If the adjuster knows they have a problem with liability, he or she will attack the damages aspect of your case. You serve yourself best by being taken to an emergency room by paramedics. All injuries will be fully documented immediately. The adjuster will be looking for a delay in treatment or gaps in treatment to attack your damages claim or even raise issues of faking or malingering. You’ll want to attend each and every medical appointment that you have in connection with your injuries.

Document every element of damages
Documentation of your claim is critical. Each and every medical record relative to your claim should be submitted along with appropriate medical bills. If you’re also claiming lost employment earnings as a result of the accident, a letter from your personnel manager advising of what your position is, what you earn and how long you were off should be sufficient.

Don’t bite at a first settlement offer by the insurer. With some finesse, it’s likely that you can obtain a higher offer. Remember that there’s a statute of limitations in place, and if you fail to file a lawsuit against the person you claim is responsible for your injuries within the time prescribed by that statute of limitations, you can be forever barred from proceeding. Know what the statute of limitations is for bringing an injury case in your state.