Are you planning on filing a personal injury lawsuit?

Whether you are injured right now or would just like to know what to do if you are ever in the situation to file a personal injury lawsuit, the following article outlines how and what needs to be happen in order to get the best outcome for your case.

Knowing what to do in a car accident can be overwhelming and there are many steps that need to be taken in order to win your case in court. Hopefully it is common sense that what you do immediately after an accident can and will play a major role in the overall success of your personal injury case. There are few steps that most personal cases have followed to create a successful personal injury claim.

Prove you are injured

Along with following the steps after an accident (such as documenting the scene) you should seek medical attention right away to document your injuries. You need to be able to prove you were injured from the accident in order to have your case be valid. Getting medical attention right after the accident, allows you to have the proof of a physician’s assessment of your injuries. Your word, no matter how honest you are, doesn’t carry much weight in the courtroom. You need to be able to prove your injuries were sustained from the accident. The following is a concise list of a few items that you should know when getting treatment:

Be consistent with your complaints

When seeing different doctors and getting different opinions on your injuries, be consistent with your descriptions of your injuries. What you tell one doctor should be synonymous with the next. Getting the same assessments and diagnosis from different doctors adds credibility to your case. In order to do this, you must be consistent with your doctors.

Be descriptive with your symptoms

Don’t just tell the doctor you have “pain.” Be descriptive about the pain. There is a difference between dull, achy, and sharp pain. If you are not descriptive in your symptoms, the doctor may not make the correct evaluation of your injury. All the doctors that you see should be able to make the same diagnosis from your description of your injuries.

Be honest about your medical history

The law allows you to bring a claim to an accident if the accident caused a previous injury to be aggravated or worsened. If you have had lower back pain before the accident and it is now worse because of the accident, be sure to say that and not blame the whole injury on the accident. Juries look harshly on people who are dishonest. You can still have a case if you have previous injuries to the accident. If this prior condition comes out in court, the jury may not be forgiving if you “forgot” to disclose that information.

Having the right evidence

Be sure to follow the steps when documenting your accident. Being able to bring the right evidence to your lawyer, and ultimately to the court, will greatly impact the outcome of your case. The court cannot rely on ‘he said she said’ stories and need evidence to prove how the accident happened and who is at fault. Coming in prepared with proof, facts, and evidence will deliver the best outcome of the case. The steps are quickly outlined below for more details visit our page regarding what to do when in a car accident.

  • Stay calm
  • Don’t apologize
  • Contact the police
  • Find witnesses
  • Take photos of the accident
  • Gather information
  • Remember accident details
  • Examine injuries

Doing all of these things, will help you get the right evidence to help your claim. Be sure to write things down and don’t forget to take pictures as mentioned. Failing to do these two things, can ruin a case that could have potentially been a slam dunk.

Cooperation is key

Being cooperative with your lawyer can greatly affect your case. Let your lawyer do their job! Do what they tell you to do and most importantly, be honest with your lawyer. Make sure to tell them everything about the accident, provide the evidence that you have collected from the accident and from your medical treatments. Giving them all the resources needed to prove you are indeed injured will definitely help your lawyer make the best case in order to win. There is a reason a lawyer will coach their client with what and how to say something when in the court room. People have the tendency to say too much or not say enough when recanting an accident. Getting off on tangents could change the course of the case. It is imperative to cooperate with your lawyer and do as they tell you. You hired them for a reason, so let them do what they need to do in order to win the case for your benefit.

Be honest

This can’t be stressed enough. As mentioned, if a jury gets any indication that you aren’t being truthful, it could be very bad and could definitely not end in your favor. Being honest in all aspects of the process is the ultimate key to a successful case. Be honest with your doctors, with your lawyer, and never change your story. Don’t add anything that you think might get you a better outcome, because chances are, you will get caught in your lie and what would have been a great case was just ruined.

Find the right lawyer

When looking for a personal injury lawyer, you should do your research. If you don’t have the right lawyer, your case is likely to go nowhere. Sure, some cases can be won by inexperienced lawyers but are you willing to take that chance with your case? Selecting the right lawyer for you case is so important. It’s not only about what you do, but who you get to handle what you do that will ultimately determine whether your case is successful or not.

How do you know which is the right lawyer? You’ll have to use your judgment and trust your instincts – you can go off of the recommendation of others as a strong indicator, however. Reputation, experience, and a solid track record of personal injury success are all factors that should impact your decision about which lawyer you hire.

To see if Christensen & Hymas has the right lawyer for your case, call today for a free confidential consultation at (801) 506-0800.

**These are guidelines that should be thought of as advice and not fast and hard rules that will always win a personal injury lawsuit.

Image courtesy of Flick.

Ken Christensen
Partner, Founder at Christensen & Hymas
Ken Christensen is the founding partner of Christensen & Hymas. He is an avid cyclist, loves baseball, and enjoys spending time with his family in the outdoors.

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