If you have recently been injured in an accident at work or as the result of performing your job, there is a good chance you can make a workers’ compensation claim or personal injury lawsuit. In many cases, claims are either denied or award compensation that does not begin to cover the true impact of an injury.
Claims that do not result in a settlement for damages can progress to a full personal injury lawsuit. If you are going to pursue a personal injury case, you should know how to optimize your chances of a successful outcome. An experienced personal injury lawyer should be able to advise you on each step of the process and help you avoid common pitfalls that can ruin someone’s ability to receive a favourable settlement or lawsuit ruling.
One of the main reasons that workers’ compensation claims fail is a considerable delay between an accident and the filing of the claim. Personal injury lawsuits are similar; any delay could be interpreted by a company or insurance provider as a lack of severity. You should fully prepare yourself and start the process as soon as possible in any case. There may be a statute of limitations that comes into effect at a certain point after the event of your injury.
The need for haste applies to receiving medical treatment as well. If you have had an accident, you should see a physician that same day if emergency medical technicians were not called to the scene. Even if you feel fine, go get a professional opinion. Many injuries have subtle symptoms that can worsen over time, like concussions.
The organization pays, especially when you need to prove the circumstances and results of your injury in a court of law. Spend time to thoroughly document and organize any evidence of your incident.
Photographs and video would be a huge help to your case, but eyewitnesses can also fill in the gaps of the accident. If your injury is the result of a dangerous task, you may want to acquire a copy of any employment contracts and training materials that relate to your job. Pictures of the workspace are valuable too, especially if management has since put up warning signs or protective measures.
If your argument will be that your company is at fault for your injury, you may want to acquire copies of any internal emails or documentation. You may lose access to everything when your company is notified of the lawsuit.
Protect yourself from investigation
Insurance agencies are some of the largest employers of investigators in the United States. If your potential settlement is estimated at anything five figures or larger, there is a solid chance someone will be sent to check you out.
Fraud runs rampant through insurance claim systems, so most investigators are not maliciously trying to deny you damages. That said, any discrepancies in your story could save an insurance company thousands, if not hundreds of thousands, of dollars.
If your doctor says you need to be on bed rest, you had better not be seen so much as walking your dog. It can be hard for many people to not push themselves and heal peacefully, but if you are a part of a lawsuit, not following doctors’ orders can cost you the case.
All of this absolutely applies to any social media platforms as well, even if they are set to private. If you put anything on the Internet that shows you looking alright or being active, you have just done an investigator’s job for them.
Think about the future
Forward-thinking will prepare you to win a personal injury lawsuit, but it is also important when you reach a settlement offer. Taking future costs of your injury into account is crucial for reaching an acceptable amount of damages. A quick payday is helpful, but your career may also never recover from the fallout of suing an employer. Speak with an attorney early and often; they can also help you estimate what amount is typically reached for your type of injury.
Author’s Bio Sarah Douglass – Sarah Douglass has been writing all her life. What started as a passion soon became her life goal. At such a young age, she has already faced and overcame many obstacles. The instinct she developed through her life experience is coupled with an in-depth knowledge of the legal field. Sarah sees writing as a means to connect to others and help them overcome hard times.