Personal injuries sustained due to road accidents are claimed like any other personal injury claim. The claimant or the plaintiff is required to establish two facts: the defendant is liable for damages caused and; the extent of damages caused.
As a road accident survivor, you need to prove both of these facts if you wish to receive the deserved compensation for your injuries.
In this article, we shall be discussing what you should be doing in order to receive the rightful compensation for your claim.
Make Sure You Have All The Evidence To Prove Your Claim
In order to be able to prove the first fact, that someone else is responsible for the damages caused, you need solid evidence. In fact, you need to collect and secure all the pieces of evidence before you file a claim. These pieces can be anything that can help establish the fact- the defendant is either negligently or intentionally responsible for your injury. Jeff Preszler of PreszlerLaw-NS.com says that you should immediately contact your attorney if you are in a vehicle accident, even if no one was hurt. Often times injuries from automobile accidents worsen with time. Moreover, your attorney can guide you through all the necessary processes that you should be following while guarding you against the worst-case scenario.
Keep A Copy Of Complaint With You. As soon as you are victimized in a road accident, your first move should be to inform the authorities. Call 911 and file a formal report against the driver at fault. The copy of this report can prove to be an important piece of evidence in the court of law if your claim happens to enter a courtroom trial.
Consult With Other Victims. By the time the authorities reach the crash scene, you can start having a word with other victims. Ask them about what they witnessed, and check how badly they’re injured. The court does not consider your statements only, but other statements supporting your claim, as well. Ask them if they’d be filing a personal injury claim against the at-fault driver. In most cases, the answer would be affirmative.
Persuade The Eye-Witnesses To Back Your Claim. Apart from victims, you can also persuade the eye-witnesses to back your claim. Ask them what happened and what did they witness. Often a third eye observant can see things that you may miss. You also need to ask them for their contact details. So that when you need them to support your claim, they can be contacted.
If Possible, Take Photos At The Crash Scene. It is a well-established fact that audio and visual evidence is considered more legitimate over any stated fact. So, if you’re in a state to collect photographic evidence, then you must do it. Use your phone camera to snap the damages. Additionally, you can also click photos of the tire marks, dents, and the injuries sustained by every victim, which can help strengthen your claim in the court of law.
Once you have all the pieces of evidence with you, you need to include all the financial losses that you’ve incurred, while filing your claim.
Include All The Losses & Expenses You’ve Made Due To Injury
When you are accounting for the claim, make sure that you include all your medical bills, cost of repairs, lost wages (if any) due to injury, and other expenses that you’ve had to incur because of the accident. Additionally, you can also demand compensation for physical and mental trauma that you’ve been through all this time.
The jury would consider the pieces of evidence to pass the verdict. And the estimate that you propose for the compensatory relief would be evaluated to provide you with the same. In fact, if the jury finds your claim to be genuinely authentic, you may even get a better compensation then you claim for.
While these facts can help you with your claim process, there are certain social obligations as well, which can invert the verdict of your case. Or if not that bad, can at least affect the compensation you receive.
Avoid Hasty Mistakes And Take Responsibility
The state of mind right after you’ve been into a road accident can surely inhibit your thought processes. It is quite possible that you make some mistakes in haste. But, you don’t have to be so worried. Here are some of the mistakes that you should be avoiding.
Keep Calm And Check Other Victims For Injuries. Accidents can be fatal, and there’s nothing more important than a life. Try to stay calm headed and check other passengers and passers-by for any possible injury. Move your vehicle to the side of the road, carefully. If there are any other victims who have suffered injuries, you should call an ambulance so that they can receive the necessary care and treatment. Even if no one is hurt, you should call the ambulance to double-check.
Try Not To Run Away From The Scene. Often people try to run away from the crash scene, regardless of whether the accident occurred at their fault or not. This should be avoided at all costs. Running away from the crash scene can actually categorize you as a possible culprit in the accident. Furthermore, this may call in for hit-and-run charges against you, and you may not even be tried for these charges.
Being Honest Is Necessary, But Being Specific Is Also Important. When you are giving your statement to the police and filing the complaint, make sure that you do not pass any verdict. In fact, what you need to do is mention the facts and that also the ones that are important. In other words, you need to be precise while giving your statement. But be honest, in your statement, as it would be considered as the preliminary piece of evidence when processing your claim.
File Your Claim Appropriately To Ensure The Approval
Even if you follow all the above-mentioned tips carefully if you don’t file your claim appropriately, there are chances that your claim may be rejected. Consult with your attorney to ensure that you fill all the papers correctly and file them in the right order.
Personal injury claims can be tedious and stressful at times. And when you’re already in agony because of the injuries, filing a claim can worsen your situation. It is best to seek professional assistance so that you are compensated for what you deserve and that too in time, without causing you any undue stress.