Serious personal injury cases range from incidences such as injuries at work, car accidents, dog bites, wrongful death, and brain injuries to name a few. These cases warrant filing a claim for compensation regarding the circumstances. It’s important to know when you can file for a serious personal injury case, to increase your chances of being granted your claim. The right time to file for a serious personal injury case also depends on the type of injury experienced; however, you can file when you have gathered all the information that is required from you regardless of the type of injury. Here are some pointers to when you can file for a serious personal injury case:
1. Incident Report Compiled
You can file for a serious personal injury case when an incident report has been compiled in the event of an injury that occurred in the workplace. You have to make sure that you file your claim with the report in hand, or else the case may be dismissed based on hearsay. The business outlet has to provide a detailed account of the event which supports your claim. Disparities may lead to grey areas that may not work in your favour.
2. Eyewitness Statements Gathered
Once you have the incident report compiled, you need to make sure that you have statements gathered from eyewitnesses. Eyewitness statements can be gathered from injuries that occur at the workplace and car accidents, for example. These statements are then considered together with incident reports if applicable, which is why these documents need to be filed together for the best possible outcome.
3. Police Report Availed
You might not be able to file for a successful claim if you don’t have a police report availed. Police reports must be present, for instance, in the event of a dog bite and vehicle accident. This report is held in high regard when it comes to recording the facts from a professional perspective. Where police aren’t involved, it may be difficult to prove certain points that may be valid, though without professional input which can lead to your case being dismissed.
4. Photographs of Accident Scene Available
You are advised to take photos of the accident scene as soon as the event occurs for filing purposes. For instance, if you are involved in a car accident, you are required to provide photographs of the cars, number plates, street, street names, and markings. These photographs will be used when analysing evidence. Failing to do so means you may have to file your claim based on memory which can be disputed and not work in your best favour.
5. Information from Accident Scene
A personal injury caused by a vehicle accident may require further information such contact details of other people involved, registration numbers, police in attendance, and information shared by the parties at the scene. This information may help you when it comes to presenting undisputed evidence.
6. Medical Process Documented
Your medical process after the accident has to be documented and presented. You need to file when you have hospital records, consultation notes, physiotherapy notes, and prescribed medication for instance. The documents required will depend on the type of injury that you may have sustained. These medical documents are crucial in determining the seriousness of your injury during the claiming process.
Your doctor’s testimony has to be included as part of the medical documents for your case to be successfully filed. Your doctor has to prove that the treated injury wasn’t a result of a pre-existing condition. They have to, without a doubt, testify that the injury was caused by a negligent situation and could have been avoided.
7. Work Records Reports Generated
When your work records reports are generated and signed off, you are then ready to file for your claim. These work records need to indicate the time you were off as a result of the injuries, how you were unable to perform your duties, and the possible future regarding your position at the workplace regarding your ability to perform or lack there-of.
8. When You Have Consulted a Lawyer
It is advised that you go ahead and file a serious personal injury claim after you consult a lawyer. Lawyers can assess the type of personal injury claim that your injury falls under, and the documents that are required which all determine when you can file for a possible successful claim.
Lawyers have the legal insight that you may overlook if left to your discretion, and this may assist your case. For example, the dynamics of a pedestrian injury differs from a slip and fall. The required documents and information for either injury differ. You may also overlook the professionals that are required to have input in your serious personal injury case. For instance, you are required to submit a police report after a vehicle accident while a slip and fall may not involve a police report. These are examples of the dynamics that professionals can guide you in for you to file a successful serious personal injury claim.
Wrongful death also qualifies as a serious personal injury. As the one who is representing the deceased, you will need legal expertise to guide you regarding the steps you need to take. These dynamics differ from one who is representing himself or herself.
You can file for a serious personal injury case when you have organised documents that include an incident report, eyewitness statements, police report, photographs of the accident scene, documented medical processes, and work reports regarding the injury.
Keep in mind that the best time to file for a personal injury case is after you have consulted a professional lawyer. A lawyer can advise you on the type of lawsuit you can pursue, the required documents, evidence, and the processes you need to follow for the best possible outcome.
The party that you are filing against most probably has a legal team representing them. You might stand a better chance if you also have professionals on your side to guide you in the process of filing for compensation.