6 January, 2020
No one wants to become a victim of someone else’s negligence! But sometimes we have to bear the consequences of other people’s careless behavior. A person driving under the influence can hit even if you are following all traffic rules. Or you can face slip and fall in a grocery store just because the floor was slippery. And if you are secured from all this, you might get caught in medical malpractice incident due to the wrong prescription of a careless doctor. And not to forget that unleashed dog who might feel like biting you for no reason.
All these scenarios can have a drastic impact on you in the form of financial, physical and emotional damage. But why you should tolerate the results of wrongdoings of a reckless, careless or ignorant person? You have every right to ask for compensation from that person by filing a lawsuit under personal injury law. In case you don’t know anything about what is a personal injury law and what you should do to get the maximum compensation from the claim, we have answers for you.
What is a Personal Injury Law?
Personal Injury Law is made to give protection to the people who have to bear the consequences of the wrongful act of the other person – either intentional or unintentional. However, you can’t claim every injury as a personal injury case that takes place on some else’s property. There are some criteria you have to fulfill and most importantly you have to follow a specific deadline, called a statute of limitation, to file a case. If your statute of limitations expires, you can’t claim for compensation, except for a few exceptions. Like if you came to know about the injury after the end of the deadline, you can still file a lawsuit after proving that you really didn’t know.
The statute of limitations varies from state to state between one to six years, and it starts the day when you face the damage. Like, if you live in a state where the statute of limitations is 4 year, then your time to make a claim starts from the day of the accident to the next four years. Though it is always better to make a claim as soon as possible even if you have a time limit of 4 years. Active approach not only gives your lawyer time to do enough preparation but also increases your chances of getting secured in the eye of the law.
Amount of Compensation:
Personal injury cases are mostly intended to get compensation for all the damages done by the other party. That’s why personal injury cases are also called as ‘compensatory’.
According to the law, damages are divided into two categories:
Economic Damages:
Economic damages include all the finance-related damages you have to face due to the accident or any other type of personal injury. Like, in case you end up losing your job, have to pay heavy medical bills, undergo psychiatric sessions or have rehabilitation expenditures, all of these scenarios come under the category of economic damages.
Non-Economic Damage:
Non-economic damages are hard to measure because they are not material damages, but those associated with emotional and mental damages. Like, stress, anxiety, pain, depression or any other mental havoc.
In either type of damage, the compensatory amount is decided according to the extent of the damage. However, you can increase the amount of compensation in some ways.
How to Maximize Your Compensation?
Want to know how you can maximize the amount of compensation to get the best for your damage? First, you need to know that what you do after the accident matters a lot. So, once you know that you have become a victim, you should take every step carefully to get the most out of your case. Here are given some legal ways to make the process turn into your favor:
Collect and Preserve Evidence:
It is very difficult to hold on to your senses after getting into an accident. It gets hard to think straight and make rational decisions even if you are fully conscious after the accident. But you shouldn’t give up and gather yourself because you have to collect and preserve the evidence. Don’t think that it is the duty of the police. Police will do its part after it arrives. What if the defendant tries to remove all the evidence after the accident? Like, in a slip and fall case, the store owner might try to clean the spilt oil that became the cause of the accident. Don’t let this happen!
Call the police immediately after the accident, try to recall the whole incident, and note down important details. Take information about the eyewitnesses, you might need them to support you once the case gets started. Take pictures of the accident scene as well as your injuries, if any. Don’t let things go out of your hand.
Don’t Talk Much:
Refrain yourself from interacting with the defendant. The other party might approach you after the accident and ask, “Are you okay?”. It is a normal reaction to ask the other person if he is alright or not after the accident. But remember that your answer to this question can decide the faith of your case. In case you end up saying ‘yes’ because you were embezzled and couldn’t decide your answer immediately, it can go against you in the court. So, it is better to stay quiet, collect evidence and wait for the police.
Consult a Doctor:
Remember that according to the law, your compensatory amount depends on your extent of damage, and your medical report defines that extent. Consult an expert doctor who can give an accurate picture of your injuries so that you can present it to the judge to strengthen your case and get the fair and best payment for your losses and damages. Ask your doctor and other health consultants to clearly document all the injuries so that every involved person can explicitly understand and get the hunch of the situation.
Don’t delay in consulting a doctor even if you think that you don’t need a doctor. This delay can turn against you. Carefully follow all the instructions given by the doctor. If a doctor asks you to stay under observation, do it. If a doctor recommends a special treatment plan like physical therapy or something else, don’t skip it.
Hire an Expert Attorney:
Your selection of the Las Vegas Personal Injury Attorney matters a lot. Don’t pick a lawyer randomly just because you think that your case is extremely strong; you have collected all the evidence and medical report. Things can get difficult once you enter the courtroom because the other party will try its best to skip from the clench of the case without paying any compensation. The defendants will hire the best lawyer in the game; you should also be prepared to present your case in the full force. And you can’t do it all alone. Look out for expert and experienced attorney who knows his work and is able to win the due right for you in the best possible means.
Know Your Rights:
Most of the time people are not fully aware of their rights and don’t know the exact value of their claim. People demand compensation for their medical bills or lost wages; that’s it. But don’t constrain yourself to one type of damage. Sometimes, you don’t know the extent of your damages, losses and injuries. Like, besides asking for physical injuries, you can also levy charges for emotional damage, consortium loss or other kinds of financial damages that you might not know about. That’s why you should let your attorney handle the situation; he will examine and analyze different possible damage categories and build a case based on the analysis. He knows different aspects of the claim that you can touch to get the maximum benefits.
Don’t Take Reckless Decisions:
It is very natural to fall for the first compensation offered to you when hospital hands over you a heavy hospital bill. It is understandable that you are in a difficult situation, but don’t be so reckless and eager that you end up losing a better compensation amount. Don’t settle things out of court if you think that the defendant is not offering you what you deserve even if you have to reject first, second or third offer. A little bit of patience will pay you big-time money.
Despite all your efforts to stay safe, you can get caught in an accident because you can’t control situations all the time. But what you can control are the happenings after the accident. Make sure to turn things in your favor after the mishap by staying calm, avoiding reckless behavior and making wise decisions. Watch your every move because it will define the strength of your case.
I'm Harry Wilson, a senior digital marketing consultant at Globex Outreach. Writing is my part-time hobby because I get to share my experience with the world. Professionally, I help map out a flawless digital marketing plan for the clients at my firm.
