Personal Injury Claims FAQ
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To secure and maximize compensation in a settlement or in court, you and your attorney will need to establish the following concepts:
- Duty of Care: You will need to demonstrate that the at-fault party had a legal responsibility to look after your safety.
- Breach of Conduct: You will need to demonstrate that the at-fault party violated their duty of care. For example, if a driver ran through a stop sign.
- Causal Effect: You must prove that the breach of duty caused or contributed to your injuries.
- Damages: You will need to present evidence to demonstrate that the financial losses and damages related to your injuries were substantial.
- Police accident report(s)
- Emergency room or doctors' documentation (x-rays, ultrasounds, etc.)
- Eyewitness testimony
- Photos taken of the accident scene
- Photos taken of your injuries immediately after the accident and as your injuries heal.
- Contact info for any and all other parties involved (name, phone number, insurance company)
- Employment records documenting your absences and wages you would have earned had you been at work
- Serve discovery demands
- Collect depositions from involved parties and witnesses
- Request records from multiple parties (including your medical providers and insurance company)
- Collect expert opinions from multiple medical specialists (including mental health professionals)
- File all the correct paperwork with all the correct offices
(An experienced attorney can do much of the heavy lifting for you.
Five key factors figure into how much your potential personal injury claim is worth:
- Liability: Who is at fault for the accident?
- Injuries: How large are your associated medical expenses?
- Property Damage: What sort of monetary value can be assigned to your physical losses?
- Loss of Earnings: How much work did you miss and how has your productivity been impacted by the accident?
- Pain and Suffering: How did the accident impact everyday life? How long will those impacts last?
Since 2017, the immigration status of a plaintiff is not admissible in a trial, nor are a defendant or the defense attorneys allowed to seek discovery of this information.
Thus, trial awards in personal injury cases are based on the plaintiff's U.S. wages and healthcare costs regardless of their immigration status, and the plaintiff does not have to fear deportation as a result of a personal injury trial, as their immigration status cannot become a part of the court record.
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