If you’ve recently had an accident due to the negligence of another person or entity, it’s important that you know how to prepare for a personal injury case.
While you’ll likely need to hire a lawyer if you want to pursue compensation, and while that lawyer will do most of the work on your behalf, there are steps you’ll have to take to give your lawsuit the best possible chance of success.
Here, we go into detail on what the process involves, and what it requires from you.
This is the first and most important step for every personal injury plaintiff. With top-class legal representation, you’ll stand a much better chance of recovering the compensation you need from your lawsuit.
When selecting your attorney, you should prioritize firms with a clear track record of success in cases like yours. The practice of law is very broad, so you should be looking for someone who works on personal injury cases almost exclusively.
You should also seek out firms that offer free initial consultations. This way, you’ll get the chance to ask all the questions that are important to you, and to make sure you like the answers before you commit to working with an attorney. Ask for a full breakdown of what the plan is likely to be in your case and how things are likely to unfold.
At The Cochran Firm, we will do everything in our power to help you, walking you through the entire process and offering whatever support you require.
Many common accident injuries take a while to show symptoms, including brain injuries. In some cases, there can even be a number of weeks between an accident and the arrival of the first symptoms. This is why it’s crucial to seek medical attention as soon as possible after an accident; the sooner you start receiving treatment for an injury, the better your chances will be of making a full recovery from it.
While your health is your first priority, there are other reasons to promptly seek medical attention. The records your doctor provides will serve as important evidence later on, and it’s also important to be able to show that you sought medical assistance as quickly as possible after your accident. Evidence that you followed any directions you receive from health care professionals will also be very useful.
It’s important to continue to follow up with your doctor if you experience new symptoms, as it’s possible for initial diagnoses to change over time.
While independent medical evaluation will likely provide the most decisive medical evidence in your case, it’s useful to keep notes about your own symptoms from one day to the next as well. Consider keeping a diary with notes about your symptoms, and take photos and videos of any visually obvious signs of your accident.
Thoroughly documenting any pre-existing injuries is crucial, as the defendant in your case might argue that your accident did not truly cause you any injuries, and that any symptoms you’re experiencing are related to your previous issue.
Detailed records of your pre-existing conditions will allow your attorney to demonstrate how the defendant’s negligent actions aggravated your condition, or caused an entirely new illness or injury.
A legal doctrine called the “eggshell skull” rule may work in your favor here. This means that defendants must take plaintiffs as they find them; that is, it is not a valid defense for the defendant in your case to claim their negligent actions didn’t cause your injuries because of a pre-existing issue on your part that they were unaware of.
Say, for example, you have a condition that causes brittleness in your bones. If a drunk driver hits you and you break several bones in the collision, they will be responsible for the full extent of your injuries, even though the average person might not have been harmed so severely.
When you have any kind of accident, you should make a note of all potentially helpful information while you’re still at the scene.
If you’re in a car crash, for example, as soon as you’re sure it’s safe you should make a note of details like the make, model, and registration of the other car, take photos and videos of any damage to road signs or fresh tire marks on the road, and collect contact details from all eyewitnesses if possible. You should also see a medical professional and file away all the records from the appointment.
Keep all the important information related to the incident in a safe place and be ready to refer to it when required.
A personal injury lawsuit is a marathon, not a sprint. More complex cases can take years to reach a conclusion, and it’s important to stay focused for however long it takes.
If you’re claiming you’re entitled to compensation because of a physical injury, the defendant in your case may try to use video evidence to show you’re not as badly injured as you claim.
According to a study by Comparitech, there are almost 47,000 CCTV cameras across the city of Philadelphia. If you’re moving around a lot, you’re spending a lot of time on camera, and the resulting footage can work against you if it looks like you’re more physically capable than you’re claiming to be in your lawsuit.
It’s also important to remember that insurance companies can hire private investigators to help them challenge claims, particularly in higher-value cases.
So, make sure not to engage in more physical activity than has been explicitly recommended by your medical team -- at least not in public places.
It’s natural to feel annoyed or unsettled if you’ve fallen victim to an unjust situation. However, you should avoid the temptation to discuss your case with too many people (especially via text or email) and to post about it on your social media profiles. Any material like this that becomes available to the defendant may be used as evidence against you.
Communication with your legal team is key. You have to ensure that you and your attorney are always on the same page.
Here at The Cochran Firm in Philadelphia, we make this easy for you. We’ll always keep you in the loop, ask for necessary information as soon as we know we need it, and make ourselves available to answer your questions, day or night.
When you think of a personal injury lawsuit, you may picture a judge, jury, and courtroom. However, the reality is that most Pennsylvania personal injury lawsuits reach a conclusion before a trip to court becomes necessary.
A settlement offers a quicker resolution, less stress, and lower legal costs than a trial. It also guarantees that you’ll be able to approve the outcome in advance, which isn’t possible if you’re relying on a jury decision.
Trials are necessary in some cases, though, as not every defendant is willing to engage in productive negotiations. If we need to go to court to get the results you need to resume your normal life, we won’t hesitate to do so.
Your attorney’s counsel is vital in this decision, as they can weigh the odds in your case and guide you toward the choice that best aligns with your interests and objectives.
Our law firm is dedicated solely to personal injury cases. We can help you pursue damages like lost wages, medical bills, and compensation for pain and suffering. Contact our experienced Philadelphia personal injury lawyers today for the support you need.
Call us at 800-969-4400 or fill out our online contact form to start the process. We offer free initial consultations.