Thinking about making a personal injury claim? It’s important you gather as much evidence as possible to ensure you get the compensation you’re entitled to – here’s how the process works and what evidence you might need.
The Elements of a Personal Injury Claim
There are four main elements to any personal injury claim.
- Duty of care: A duty of care is a duty to behave in a reasonable way to avoid causing harm. Your employer, for example, owes you a duty of care to provide a safe working area.
- Breach of duty: This means the person behaved negligently or carelessly in some way, so they failed to show you a duty of care. An example is a drunk driver.
- Incident and Injury: There must be an incident of some kind of which results in mental or physical injuries. Examples include slipping on a wet floor or colliding with a vehicle.
- Causation: This means the defendant’s negligence actions caused your injuries. In other words, if the defendant had been more careful or responsible, you wouldn’t be injured.
Unless you can prove these four elements, your case may not be successful – an attorney can advise you further.
Personal Injury Action Checklist
After attending to any emergencies, or if there’s no need to call 911, here’s how to move forward at the scene.
Gather Evidence
Evidence you might gather from the scene includes:
- injury photos
- insurance documents e.g. for your automobile if it’s a car crash
- photographs of the scene
- proof of lost income
- receipts for associated expenses e.g. for rental cars, transport, and medical bills
- witness contact details
The more evidence you have, the easier it is to make a claim.
Record the Incident
Prove the incident took place by recording it. This could mean, for example, recording the incident at work with your employer or filing a police report for a car accident.
Seek Medical Attention
Get medical attention, even if you think you only have minor injuries. Medical records can be used to prove your injuries and support your version of events.
Contact a Personal Injury Attorney
Next, contact a personal injury attorney. They will handle the legal process for you and explain what relevant documentation you will need.
Keep an Injury Diary
An injury diary helps build a picture of:
- how long your recovery takes; and
- how you feel mentally and emotionally after the accident.
Your journal can show how your injuries affect your day-to-day life, which can impact the compensation you’re entitled to.
The Personal Injury Case Process
After an accident, contact a personal injury attorney. They will attempt to settle your claim by negotiating with the defendant. If the defendant refuses to admit liability, or it’s a complex case, it might be necessary to file a personal injury lawsuit with the court.
If your attorney settles your claim, they will advise what fees are chargeable. You will not pay any court fees or expenses unless your attorney wins your case.
Don’t worry about getting your checklist complete before contacting a personal injury attorney, though – you normally only have two years from the accident date to make a claim. At the Alexander Law Firm, we offer free case evaluations to determine if you have a case and how much it could be worth – contact us on (800) 350-5110 or complete our contact form.