How to Win Your Personal Injury Claim in Philadelphia
Accidents can and do occur at any time, but dealing with the legal aspects of personal injury claims could be very challenging and confusing for the average person. Personal injury cases involve various kinds of injuries from different causes, including motor vehicle accidents, defective products, and slip and fall accidents, among others. Fortunately, you can learn tips on how to win your personal injury claim.
You Need to Prove Negligence in Your Personal Injury Claim
One of the main factors in how to win your personal personal injury claim is proving that the defendant or at-fault individual or entity caused the accident that led to your injuries. You will need to convince the insurance adjuster or representative that their client (the defendant) was negligent. This means that the defendant acted negligently and did not do what a reasonable individual would have done in the same situation. To prove negligent, you must prove the following elements of negligence:
- Duty of Care – The defendant owed you a legal duty of care. For instance, all motorists owe all other road users a duty of care to avoid accidents and keep the road safe.
- Breach of Duty – The defendant breached their duty of care to others by acting negligently. For example, drivers could breach their duty by driving while intoxicated, texting, or running a stop sign.
- Causation – Your injuries resulted from the defendant’s breach of duty. For instance, if the driver hadn’t been drinking and crashed into your vehicle, you would not have sustained injuries.
- Damages – You can verify your damages or losses with supporting documents such as medical expenses, medical records, and other evidence.
It’s also vital to note that liability for the accident and negligence always go hand-in-hand. By establishing negligence, you are likewise establishing liability, which means that the defendant must be legally liable to compensate you for losses you incurred in the accident.
Strong Evidence to Support Your Personal Injury Claim in Philadelphia
Building a solid injury claim begins at the scene of the accident. As you collect the necessary evidence, make sure to organize it properly as if you are preparing to fight in court if need be. Most insurance representatives will lean towards settling a claim for a fair amount to keep claimants from taking their claim to court when they know that you have a solid claim. Knowing that insurance representatives would rather settle is critical to how to win your personal injury claim in Philadelphia.
Make sure to organize your documents. Your accident file should contain all the original paperwork (and their copies) related to your claim and correspondences with the defendant and the insurance provider. Equally vital is taking down notes about your injuries, treatments, and journey to recovery. Your notes could be compelling evidence for all the pain, suffering, and emotional distress you’ve had to endure. Ensure to include the following pieces of evidence in your injury claim:
- Police reports
- Videos and photos of the accident and your injuries
- Medical records
- Witness testimonies
- Injury and recovery notes
- Paperwork to prove lost wages
Additionally, keep all the evidence associated with your injuries, even if you don’t think it’s important or the insurance representative did not ask for it.
Decide If You Need a Personal Injury Lawyer in Philadelphia
If you have recovered fully from minor injuries, the insurance company will most likely settle your claim quickly and for the right amount. On the other hand, if you have sustained serious injuries or if you have a complicated case, weigh your options. You may need an experienced Philadelphia personal injury to help, because you may not know how to win your personal injury claim in Philadelphia on your own. Complicated claims typically include one or more of the following:
- Shared and/or unclear fault
- Accidents that involve multiple parties, hence, multiple sources for recovering compensation
- Pre-existing injuries
- Claims against government entities
- Permanent injuries and disabilities
You should also keep in mind that insurance providers are notorious for offering very low settlement amounts to seriously injured claimants who don’t have a lawyer. The main issue with this is that you will probably need a sizeable settlement amount for extremely serious and permanent injuries.
Furthermore, your losses may span various categories that are not exactly easy to quantify. For instance, you may need future medical treatment, your earning capacity might decline, and you might suffer significant pain and suffering. An experienced lawyer will be able to determine the amount of compensation that would be appropriate for all your damages and obtain evidence that will fully support your injury claim.
How to Win Your Personal Injury Claim with a Philadelphia Personal Injury Lawyer
You should not have to worry about your mounting medical bills or lost wages and then also have to deal with insurance adjusters. Learning tips on how to win your personal injury claim in Philadelphia can make all the difference. Let the legal team of Mattiacci Law, LLC, take care of the legal aspects of your personal injury claim.
Having the assistance of our experienced Philadelphia personal injury lawyer could help ease your burdens and enable you to focus solely on getting better. Reach out to us by calling 215-709-7915 or completing our online form to arrange your free case evaluation with our Philadelphia personal injury lawyer.