Personal Injury: How to Determine Whether You Have a Case

Losing wages and accruing medical because of an injury can be highly stressful, especially when you are struggling to afford the costs. If you don’t think the accident was your fault, you may naturally then be wondering whether you are entitled to compensation to cover the costs associated with your injury. 

While the legal process can be intimidating, it can actually be surprisingly simple to determine whether the case is worth pursuing. Here are a few criteria to help you determine whether your injury entitles you to legal compensation.

 

Was there Clear Negligence?

 

Ultimately, whether or not you have a personal injury claim will likely hinge on whether you can prove that a party other than yourself was partially or fully responsible for your injury. In the legal world, there is a concept known as the duty of care, which refers to situations where one party is responsible for the safety of another. Failure to uphold this can therefore result in liability.

 

Sometimes, negligence can be clear and obvious. If you were injured due to faulty equipment being provided at work, for example, or if you were injured by adrunk driver, you are likely to have a strong claim. However, fault can often be a lot more nebulous and difficult to prove. In such cases, you may want to consult with a lawyer, to determine whether fault can be proven. Legal firms also have the benefit of having many specialists on different types of injury. For instance, if you have been injured by a large vehicle, you may want to contact a semi-truck accident lawyer.

 

Can You Prove Damages as a Result of the Accident? 

 

The strength of your claim will also likely depend on whether you can produce evidence that you experienced material losses because of the injury. In practice, this is normally lost wages due to missed time from work, or medical bills incurred as a result of the injury. This will also dictate how much compensation you will be awarded if your claim is successful. In view of this, it is vital you maintain any record of these things, as this will make your chances of success much higher.

 

Did You Jeopardise Your Claim? 

 

Another key component to the success of your claim is that you didn’t do anything to damage the legitimacy of your legal argument. As an example, if you didn’t follow company health and safety procedures when getting injured at work, it will be much harder for you or your lawyer to argue that it was negligence on the part of the company that caused your accident. Similarly, admitting fault after the accident will also make it more difficult for you to later claim that it was another party’s negligence that was the issue.

 

Was the Accident Recent? 

 

Finally, you should also consider your region’s statute of limitations laws before pursuing your legal claim any further. Typically, states and countries have a time limit of several years from the accident, after which you will no longer be able to take legal action. It is also good practice to claim as quickly as possible because it will make it easier to gather evidence relevant to your case.

Can Traffic Cameras Be Used to Catch Drunk Drivers?

How To Deal With A Road Accident

The Advantages of Having an Attorney Represent You in Injury Settlement Negotiations

When it comes to resolving a vehicle accident claim without utilizing insurance, there are dangers and problems. There are risks and hazards to handling an accident claim (or automobile accident lawsuit) on your own, even after engaging the at-fault driver's insurance carrier.

To begin, let's look at the most typical reason people try to handle their claims on their own: financial worries. Because you're probably going to have a lot of medical expenses as a result of your car accident injuries, it may seem logical to save money by not hiring a lawyer and doing it yourself. However, in many situations, the reverse is true. Despite what you might think, hiring a lawyer is likely to save you money in the long run. This is because a skilled lawyer may frequently increase the value of your claim.

A qualified personal injury attorney can potentially save you tens of thousands of dollars in medical costs by negotiating a far higher settlement offer than you could have received on your own without the help of a private legal firm. While having a larger settlement value for your claim is unquestionably beneficial, it isn't the only benefit of engaging a car accident attorney. An attorney also provides a number of additional benefits. 

It is possible to utilize experience to prove a point. You must be able to prove that the other driver was at fault for the accident in order to be eligible for compensation, which can be challenging in multi-vehicle crashes. To assess culpability for injuries, physical evidence, medical records, police reports, traffic regulations, and insurance laws are all used. You can trust your lawyer to sift through dense legal jargon that is difficult for most laypeople to comprehend and use effectively.

Injury expertise is extensive. Because they don't understand how much their injuries are worth or don't anticipate the entire extent of their future costs and losses, car accident victims frequently accept inadequate settlements. An experienced attorney will have handled several cases involving injuries similar to yours and will know what is — and is not — a reasonable and acceptable amount to pay you for your present and future losses. Below are some instances of verdicts and settlements related to various types of injuries.

What is typical compensation for a brain injury in a car accident? $10,000-$20,000,000+

What is typical compensation for a neck injury in a car accident? $15,000-$2,750,000

What is typical compensation for a hand or foot injury in a car accident? $10,000-$2,500,000

What is typical compensation for a spinal cord injury in a car accident? $500,000-$12,000,000

There's also a financial advantage: Many personal injury attorneys work on a contingency fee basis. This means that you will not be charged legal costs until your attorney is successful in obtaining compensation on your behalf. There are no upfront payments to be concerned about.

To undervalue claims and mislead stressed, worried accident victims into accepting agreements that do not truly benefit them, the insurance business utilizes a number of tactics, some of which skirt or fully violate legal bounds (known as bad faith insurance). The claims adjuster is aware of your concerns about medical bills, and regrettably, he or she will most likely try to capitalize on them by offering you a cheap car accident settlement in the hopes that you would take it out of desperation.

A skilled attorney will protect you from being taken advantage of. Your car accident attorney has years or decades of experience, so he or she understands just which facts to stress — and, more importantly, how to back them up with persuasive evidence — to maximize the value of your claim. The size and location of any scars that result from the accident, the extent to which the disability limits your future earning capability, and even the quality of medical care you receive all go into determining the value of your claim.

A skilled personal injury lawyer can potentially save you tens of thousands of dollars in medical bills by negotiating a far greater settlement offer than you could have gotten on your own without the assistance of a private legal company. While having a higher settlement value for your claim is undoubtedly a plus, it isn't the sole advantage of hiring a car accident lawyer. An attorney also brings a few more advantages to the table, such as:

Better litigation preparation. Legal representation is required if you bring a lawsuit. The laws and procedures in civil courts are exceedingly strict and intricate. Your chances of succeeding against aggressive, skilled defense attorneys are little to none, especially given the short amount of time available to prepare.

How Are Non-Economic Damages Proven?

Every person suffers from a car accident differently. There are two main categories of damages that represent your suffering. There are economic damages, which are pretty easy to measure and prove. For example, medical expenses are economic damages. 

Then, there are non-economic damages that are representative of pain and suffering you endure because of your accident and injuries. 

These are more challenging to prove, and the following are some of the important things to know about non-economic damages. 

The Basics of Non-Economic Damages

Personal injury is a legal term that references injury to not just your body but also your emotions and your mental health. Personal injury awards, as was touched on, can include economic and non-economic damages. 

Economic damages are objectively measurable and verifiable. 

Non-economic damages are subjective because they aren’t monetary losses. 

Non-economic damages can be awarded if someone experienced a loss because of not just a car accident but also inadequate health care. There are limitations and caps on non-economic damages to try and avoid having them become excessive. 

Specific examples of non-economic damages might include:

• Emotional distress

• Pain and suffering

• Loss of enjoyment of life

• Loss of companionship

• Disability

• Disfigurement

• Reputational loss

How Are Non-Economic Damages Calculated?

The way in which non-economic damages are calculated and applied depends quite a bit on the state where your accident occurred. 

For example, in some states, you can only claim non-economic damages based on provable economic damages. 

In these cases, the damages are calculated based on a formula that puts them in proportion to the economic damages with a cap. 

There are also federal limits on non-economic damages, in addition to state limits. 

The federal law stipulates that non-economic damages have to be reasonable. They can’t be significantly higher compared to what’s awarded for economic damages. 

Non-economic damages are often capped at no more than 10 times the economic damages amount. 

Valuing Economic vs. Non-Economic Damages

With the above in mind, when it comes to valuing economic damages, it’s the total of your financial losses. Evidence used to value economic losses can include invoices, receipts, and bills as well as different records of medical treatment you received. 

You might also be able to receive compensation for the future loss that you could incur because of loss of income or ongoing medical costs. 

If you have an attorney and they think they need to account for future losses, they may work with different financial and medical experts. 

So how are non-economic damages valued?

There isn’t a standard formula. 

Some insurance companies, as well as juries, will use a multiplier. 

That means a number, typically between 1.5 and 5, if assigned to a claim. The number assigned is based on different factors, and primarily the severity of injuries. 

Then, the total of the financial losses is multiplied by that number to reach a figure for pain and suffering. 

There’s also a calculation method based on per diems. 

A per diem is the daily amount that someone is awarded for pain and suffering. 

It is multiplied by how many days there are between the date of an accident and the date a doctor says the patient is released from care. 

While it’s more difficult to show evidence for non-economic damages, there are some things that can be used to determine these damages. 

For example, your medical records are important, including your doctor’s notes. You might also show your time off work, and expert testimony can be part of figuring out your non-economic damages. 

Additionally, testimony from the people who know you best can be used as evidence. 

Do You Need Counseling In Order To Recover Non-Economic Damages?

If you are dealing with the mental and emotional fallout of an accident and your subsequent injuries, you might seek counseling. This is very common. Accidents, particularly when they lead to injuries, can cause symptoms of depression, anxiety, and PTSD. They can lead to phobias. 

You may also have trauma because your injuries could change your life. 

For those reasons, counseling can be beneficial. 

With that being said, you don’t necessarily have to go to counseling to recover non-economic damages, but if you do receive mental health care, it can be evidence you can show as part of the calculation. 

Non-economic damages are a bit tricky to figure out unless you’re working with an experienced attorney. If you’ve been in an accident, it’s a good idea to at least have a consultation and they can go over your specific case in detail with you. 

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What To Do After A Car Accident (12 Critical Steps)

8 Important Steps to Take After a Car Accident

It’s understandable that after being involved in a car accident, you may feel disoriented and confused—but the decisions and actions you take after an accident are very crucial to help figure out the value of your injury claim. Instead of panicking, take a deep breath and focus on the next necessary steps to be done following a car accident. There are hundreds of thousands of vehicles on the road, so the odds of getting into a collision in your lifetime is frantically high. With more car accidents killing citizens than any other calamity, it is best to be aware and knowledgeable of your legal actions and rights.

Before anything else, you need to remember this: if you get involved in a car accident, or if you collide with something, even if you think that there is no damage—always stop your car. This is your legal obligation.

Read on below to find out more about car accidents and what you should do if you get involved in one:

1.     Check for your own injuries and the well-being of other passengers.

The very first step to take is to check for your own injuries. If the accident has resulted in any injuries, seek medical attention at once. It's important that you don't panic.  You should try to stay calm and assess your own condition. Most people who are involved in accidents are not thinking straight after the accident occurs. Being in a state of shock will only make it worse. It will take time to calm down and get proper medical attention.

Before medical assistance comes along, do take the time to assess yourself first thoroughly before helping out the other victims in the accident. Check if you're feeling any pain in your jaw, or if you feel dizzy or disoriented. These symptoms could be signs of internal bleeding or brain damage. If you're in a serious condition, seek medical help as soon as possible. Otherwise, the effects of injuries during a car accident might turn out to be life-threatening.

2.     Check for other damages

After making sure that everyone—including yourself—is safe from any injuries or sharp objects, you may also check for other damages in your car. If you can, you may move your car to the side of the road or highway if it’s causing major traffic. But generally speaking, it’s best not to move anything until the police arrive.

Check for broken doors or windows. You never know when someone else may hit you may accidentally trip over a door or window. This can be extremely dangerous, especially if the door or window is completely open and clear. It's possible that no one was directly hurt at the onset of the accident itself. But they can get injured due to the damages on the car that were left to linger.

3.     Make sure you’re in a safe zone

If you smell leaking gas while you were checking other damage to your car, get out of the car immediately. Position yourself and your passengers at a safe distance from the car but don’t leave on the scene of the car crash just yet—leaving the scene might make it hard for you to file your claim and could even put you at risk. So, stay in a safe zone, and stay alert at the same time.

4.     Call the police

If you’re concerned about safety and you were involved in a car accident that was not your fault then you have several good reasons to call the police immediately after the accident.

Contact the police after you have moved yourself and any passengers to safety. The police will then file an accident report, which is essential for attorneys when analyzing a legal case. The report contains vital information about what happened, and documents both parties involved in the car crash. While waiting for the police to arrive, it is best to not talk about what happened with the other party entangled in the accident. Don’t talk about your opinions about what must have happened as it could be risky for your case. It’s better to talk less and just observe.

5.     Call for medical attention

While you may initially think that you and your passengers were not badly injured, still seek medical attention as there are some injuries that are not felt right away or physically obvious—some symptoms of internal injuries are only felt a few days after the accident.

6.     Collect Factual Information

As mentioned above, it is best to talk less and observe more. This includes collecting factual information about the accident. You should record the location of the car crash, the time of the accident, and the type, color, and model of both vehicles involved. You should also collect the necessary information about the other party such as their complete name, address, contact information, license number, plate number, and the insurance company. These facts may be useful for the police’s investigation later on and for your lawyers.

It’s important to write down the names and addresses of all of your companions, especially those who witnessed the accident. Write down the names and addresses of the officers at the scene, and of any witnesses, you may have. Once your case goes to trial, all this information can help you trace the right people who can possibly help you when you need witness statements and other pertinent details. Your car accident lawyer’s can use the collected evidence to show sufficient proof of everything that transpired at the scene of the accident, all for your benefit.

Other details, such as which directions you and the other car was traveling, both your driving conditions and recollections of what happened both before and after the car accident, names of the other passengers, and names of any witnesses will also be useful for further investigations later on.

7.     Gather or Document Photographs

Photographs of the accident are one of the most important pieces of evidence to gather. You should take pictures of the scene of the car accident to document the positions of the cars and the damage to your vehicles. It is also beneficial to document pictures of your cuts, bruises, and any other injuries.

8.     Seek Legal Advice

It’s better to call your insurance agent while you are still at the scene. They will assist you with further instructions to follow in order for you to process your claim. Avoid giving your own statement to the other party’s insurance company or even signing documents on your own as it can get you into trouble. It is best to wait for your attorney and your insurance company to arrive to help you with the case. They can also help you check several insurance options when you get into a car accident. No matter what happens, always seek advice first from the authorized and legal persons before doing any action.

Conclusion

Car accidents can happen to us anytime as even the most experienced driver can get tangled in an accident when met with a reckless one. The accident may disturb your sense of thinking and bewilder you, but it is best to stay calm and compose then follow the steps mentioned to protect you with your legal rights and avoid unnecessary worries for yourself.

Bike riders: What should you wear while cycling?

Just like most sports, cycling has its own specific styles that can improve your performance without sacrificing your comfort. If you’re thinking about hitting the trail anytime soon, read up on how you should prepare for the ride.

Cycling safely

Before you start looking for what to wear to go cycling, you have to be aware of what kind of equipment road cyclists should be looking for to avoid any kind of mishap while on the trail.

Remember the basic rules of cycling, as stated by the NSC or National Safety Commission, are to be aware, be wary, and be seen. Stay aware of your surroundings, especially in high traffic areas like a city; be aware of road or trail safety hazards like potholes or rocky areas; stay away from obvious safety risks like muddy trails; and be seen by using reflectors on your bike and wearing bright, fluorescent outfit pieces.

Most importantly, wear a helmet! Choose a helmet that fits properly to your head, with secure straps that will keep the helmet from moving around on your head.

How to dress for a safe bike ride

Now that you know how to dress for a safe ride, you’ll want to know exactly what to wear before you get on your bike.

Cycling shorts

Being a high friction sport, you’re going to need to wear shorts specifically for biking to minimize any risk of injury. These shorts are made specially to be stretchy to allow for movement and will come with a crotch liner to reduce friction and moisture. There are lots of options for cycling bottoms, such as bib shorts, bubble butt shorts, and even cycling skorts. Look for bike shorts that are made with Lycra, a breathable material perfect for sports.

Cycling jersey

Another is an essential piece of clothing for biking is a bike or cycling jersey, a fitted top that will reduce drag for your ride. Often made from Lycra, it should allow you to ride longer and reduce moisture from sweat. Try to choose one with the features you’ll need. Some come with pockets in the back for easy access to your things, a longer cut in the back for coverage, and a collar turned up to protect your neck from the sun. However, the most important thing about a jersey is that is should be bright (pictured above) so cars can see you at all times of the day or night. 

Bike socks

With the amount of strain on your legs and feet when biking, you need to choose socks that can help cushion your feet. Choose socks with polyester or nylon to help wick moisture while you’re cycling.

Bike gloves

Choose gloves that suit your purposes. Cycling gloves can come in different varieties, but the most common are the fingerless types that will help with absorbing moisture to make sure your hands stay on the handlebars.

Bike shoes

You can choose any shoes for cycling, but regular riders will know the benefit of choosing shoes made specifically for biking. Bike shoes can have stiffer soles to let you ride longer and allow for increased performance. These kinds of shoes will allow you to clip into clipless pedals to make your cycling more efficient.

Looking good and staying safe while biking

The Bike Storage Company’s website says that to minimize the risk of injury while biking, make sure to wear ‘cycling-friendly clothing’. Remember to wear clothing that fits well, nothing loose that could risk you getting caught in the wheels, chain, or hazards you may bike past. It’s also important to wear clothing with fluorescent details or reflectors to avoid any accidents with vehicles on the road, even in daylight. Avoid carrying a heavy bag that may put you and your bike off balance.

Make sure to dress appropriately for the weather before going out on your bike too. If the weather is a little warmer than usual, opt for a long-sleeved bike jerseys or arm warmers to protect your arms from the harsh sun. Otherwise, in poor cycling conditions, don’t forget to wear reflective clothing and maybe even choose to wear some thermal or waterproof gear to stay dry and warm. 

Conclusion

Of course, the important thing about cycling clothes is to make sure to choose clothes that won’t make you feel hot and allow your body to stay cool. You don’t need to spring for the most expensive equipment possible either. It’s more important to be aware of how to stay safe on the trail and to wear the correct clothing and equipment.

How Long Does A Personal Injury Case Take?

Filing for a Personal Injury claim is a long and painstaking process and may make you rather uneasy if it drags on for years. This is because there is a whole set of procedures involved before as well as after filing your claim.

In this article, we shall highlight the timeline of procedures involved in a Personal Injury Case, as well as factors that may increase the timeline.

What is involved in a Personal Injury Case?

A whole range of procedures and actions are involved which determine how long it would be before you can finally receive your deserved compensation.

These procedures and actions include:

·       Receiving the necessary medical treatment

·       Hiring a Lawyer

·       Investigation of the claim and review of medical records

·       Consideration of the demand and negotiation

·       Filing of the Lawsuit

·       The process of Discovery

·       Negotiation or The trial

After an accident, a person has to seek the necessary medical treatment first of all before doing anything especially if they are severely injured. Then they choose to hire a Personal Injury Lawyer who proceeds to investigate the claim by reviewing the medical records and calculating the damages involved. Hiring the Colorado Springs Personal Injury Lawyer would be a best choice if you’re looking out for a perfect attorney.

Once the lawyer is done investigating, they shall move on to file the lawsuit after which both of the involved parties are involved in the Discovery Process. This may take an additional of 6-12 months.

Either the parties reach mediation and negotiation, or move on to a trial which can last anywhere between a day and even weeks as well.

What Problems May Cause The Case to Prolong?

The timeline of the case can range from a few months to even years, depending on the problems involved in the case.

1.     The liability may be hard to prove

Many times, all the parties involved including the witnesses may be making different kind of statements leading to ambiguity and uncertainty in the case.

2.     The physicians may not be sure of the damages

Often at times, the physicians who are treating the victim may not be sure of the total damages.

3.     The Insurers are not ready to pay a hefty amount

In case that the amount of the damages comes as ‘too big’ for the Insurance Company, they may be hesitant in releasing such a huge amount.

Insurers are usually bent on decreasing the insurance amount as much as they can which is why they can try to attach the credibility of the client or state that the injuries are not as severe.

4.     The medical treatment is still on-going

In case your medical treatment is still on-going, you may not be able to present the total amount of compensation you require.

5.     You cannot decide the amount

Many people are in need of receiving the compensation right away, which means they have to settle for a lower amount as well leading to confusion overall.

Understanding The Legal Requirements Of A Medical Malpractice Claim

Are you thinking of filing a medical malpractice claim in court? Are you aware of the legal requirements for the case? If no, then this article is what you need to read right away!

Medical malpractice claims are complex, but what is more difficult is to achieve successful results. Practitioners are well aware of how to prove your claim false or convince you for a settlement. That is why you need to know and understand the legal requirements before you set your steps for the claim.

1.     The Doctor Or Practitioner Must Be At Fault: The first and the foremost requirement for filing the case is that the doctor who was treating you is at fault. This means that his carelessness or negligence resulted in damage to you or your loved ones.

If the accident did not involve negligence from the healthcare professional side, as in cases of “surgeries that involve high risks”, then chances are that you might not be able to file the lawsuit.

2.     The Case Should Fall Under Medical Malpractice: It is again very important that the scenario is a medical negligence case. For example, if you fall on the stairs of the hospital or harmed due to self overdosage of medications, then it is not a medical malpractice case.

For filing your case under medical negligence, it should fall in one of the following six categories:

ü  Errors in diagnosis

ü  Errors in surgery

ü  Errors during delivery of baby

ü  Negligence from dental practitioner

ü  Wrong prescriptions

ü  Errors in lab reports

3.     You Should Have Supporting Evidence Or Witness: Even if you are a victim and have suffered harm due to negligence of a health care professional but you don’t have the evidence or a witness to support your claim, chances are that you will not be able to win the case. That is why you should keep every record safe. Miami medical malpractice lawyers recommend to bring all your documents along with you when meeting your attorney for consultation.

4.     You Should Sign The Affidavit Of Merit: Some state laws require to sign an affidavit of merit from you or your lawyer. According to the affidavit, your attorney has viewed your case and has consulted a medical expert before arriving at conclusions that the plaintiff deserves fair compensation. If you are the one signing the affidavit, then you should be the one seeking consultancy from medical experts.

5.      You Shouldn’t Be The One At Fault: You should not be the one at fault to qualify as a plaintiff. If the injury you suffered was your own mistake, then you will not be able to gain the plaintiff’s compensation.

For example, if you missed your immunosuppressant drugs that resulted in a transplanted organ failure, then your doctor will not be charged with the liability.

Medical malpractice laws are very difficult to understand therefore it is recommended to hire a lawyer with extensive years of experience before filing a lawsuit.

How To Evaluate The Worth Of Your Personal Injury Claim Case?

You may have involved in a car accident or have suffered from a fall injury. While there are various other things that are needed to be taken care of, filing a personal injury claim case is most important.

The worth of your personal injury claim case depends on three main factors:

• Considering Liabilities.
• Calculating damages.
•  Coverage by Insurance Companies.

1.    Considering Liabilities: 

The first factor is the demonstration of whose liability is the accident? In other words, who was the one at fault?

Generally the percentage of fault is inversely proportional to the percentage of the recovery claim.

Your case might fall under one of the three categories:

·        When you are at 100% fault = No compensation

·        When the other person is at 100% fault = 100% compensation.

·        When you are partially at fault = partial compensation. 

2.    Calculating Damages: 

When involved in a personal injury, the damages suffered are of two types:

·        Economic Damages: The damages that have a “monetary value” are called Economic Damages. These include property damages, medical bills, and lost wages.

·        Non-Economic Damages: Non-economic is not easily quantifiable. They are also known as “pain and sufferings”. Lawyers and insurance companies use different methods to measure non-economic damages. 

   The Multiplier Method for Calculating Non-Economic Damages:

The multiplier method is the most common calculator for evaluating chronic pain. This includes multiplying medical bills by the multiplier and adding total economic damages to it. The multiplier value can range from 1 to 5 depending upon the severity of the injuries.

The formula looks like:

[Medical Bills × Multiplier] + Total Economic Losses (Lost wages + Medical Bills + Damage to the property).

The Pier Dam Method:

The Pier Dam is another method to calculate the non-economic damages which involve setting a day compensation value. The lawyers and insurance companies decide the daily compensation for pain and sufferings by considering:

o   How severe the injuries are?

o   How significant is the impact of the accident on your mental health?

3.    Coverage By Insurance Companies:

The third and final factor is the insurance coverage of the party who was at fault. If the offender has huge insurance coverage for personal injury, there is a chance that you might get a larger claim value. But in a case where there the other party is not insured completely, then you might not be able to recover a sufficient amount.

“Who Will Evaluate My Claimable Value For My Personal Injury?”

It is better to consult your insurance company or a professional lawyer as soon as you suffer from a personal injury. They make sure that you are not tricked by the legal advisors of the other party.

Moreover, they also make sure that you get the deserved amount of compensation.

Though a good legal advisor will always guide you better, you should have this basic knowledge of personal injury laws and claims so that you are never tricked by anyone. 

7 Ways to Avoid Negligence in your Personal Injury Claim

7 ways to avoid negligence in your personal injury claim

When it comes to litigating a personal injury claim, there is nothing worse than your own negligence. Personal injury cases often turn on nuances and can boil down to how well your present and record favorable evidence. If you are not able to pay attention to each facet of the case, you can expect your potential awards to perpetually diminish. Legal theories are extremely fragile and are full of contradictions that can undermine your legal claim entirely. Here are 7 ways to avoid negligence while litigating your personal injury claim.

#1: Contributory Negligence

When you are litigating a personal injury claim, the defendants can always argue that you are at least 50 percent responsible for your injuries. If you failed to mitigate the damages or did not take appropriate actions to prevent the injury, this can bar financial compensation. For this reason, you should always be careful to work through an attorney. A law firm such as Foyle Legal Perth can help you present the most black and white case of the defendant's fault as possible. If you give the defendants any footing, they will take that loophole and run with it.

#2: Comparative Negligence

There are times when the jury will find that you were at least partially responsible for your own injuries. This, likewise, occurs when you fail to mitigate or reasonably prevent it using common sense. For example, if you found out that you were sick due to the food at the school cafeteria, why did you continue to eat it for a year? While you may have had doubts during that time that the school food was the cause, the defendant may be able to argue that you were less than 50 percent responsible for your own injuries. This can dramatically reduce the potential awards. The defendants' attorneys can present trick questions and hard questions that would open up this loophole.

#3: Misstatements

Aside from misstatements that open up the door for subtle counterdefenses like comparative and contributory negligence, any misstatement or poorly worded statement can throw your entire claim. The insurance adjusters and attorneys representing the defendants are crafty at adding their own spin to words. They can take fragments of phrases out of context and read in a meaning that you didn't intend. If you agree that it was overcast and hard to see, they can use this to justify why their client did not see you on your motorcycle even if it was clear in the area. They can also play dumb when they are asking you questions on the witness stand and pretend that they don't understand to misrepresent your words. You should always have an experienced attorney represent you to ensure that there are no misstatements for your opponents to exploit.

#4: Posting on Social Media

It is becoming paramount for victims of personal injury claims to avoid posting on social media. Like taking your words out of context, public social media presents the perfect opportunity for your opponents to deflate or counter your claims. If you claim that you are suffering and in chronic deep pain, a picture of you smiling on social media is not going to help your case. Furthermore, if you claim that you are having trouble walking and with lower back pain, you can't post up videos or photographs of you dancing. Although injuries may have periods when you are able to grin and bear it, you cannot allow these fragments of evidence to find their way into cyberspace. They can come back to haunt you.

#5: Statute of Limitations

When it comes time to file a claim, an insurance company may mislead you regarding the deadline for you to file a claim if they don't make a settlement. If they actively mislead you regarding the statute of limitations, there are legal provisions to extend the statute of limitations. However, if they did not put this in writing or you misplaced the letter, then you will have a difficult time proving this in court.

Be aware that the statute of limitations to file for a personal injury claim varies from state to state. The statute of limitation acts an ultimate bar to filing a claim when it has passed a certain timeframe of 1 year, 2, or more years from the date of injury or as defined by a state. You should also be aware that federal courts typically rely on the state laws filing deadlines for any events that occurred in that state and have no uniform statute of limitations of their own.

#6: Poor Record Keeping

When you are litigating a personal injury case, most of the damages are going to be based on objective evidence. You have to define and calculate the numerous financial transactions and bills. If you are poorly organized and do not keep proper records, it can be confusing when it comes time to tally up the damages. Although most bank records will help to alleviate any mismanagement, these may be a mere skeleton of the information that you want. It is always better to keep any actual receipts with expenses itemized for complete records.

#7: Failing to Document Injuries

If you do not document the toll and extent of your injuries, it will be harder to present this information in court. The more evidence that you have to document the suffering that you went through in the recovery process, the better footing that you'll have when it comes time to collect damages for pain and suffering. For this reason, you should always hire an attorney who is well-versed in personal injury claims to have medical experts document your injuries.

You can also take video recordings to create a timeline of your progress and the challenges that you face. The best place would be to have someone document the physical therapy and other treatments that you must go through to recover. Some of these photos or videos may also have an emotional impact with jurors and can be used to increase the payout when negotiating a fair settlement.