Preparing for Your Personal Injury Lawsuit

What to Expect

Being involved in an accident can be emotionally, physically, and mentally traumatic.

Having to file a personal injury lawsuit can be overwhelming.

While you are trying to heal from your injuries, you are suddenly thrust into an unfamiliar legal system trying to fight for your right to compensation through the legal system.

If you have been injured in an accident, it’s your right to seek compensation for your financial losses and pain and suffering. It’s in your best interest to hire a professional injury attorney to help guide you through the process. Take advantage of their legal expertise. An attorney can help you to navigate the legal system and prepare yourself for your day in court.

Claimants that have the assistance of a lawyer on their case end up with a larger compensation settlement.

Let’s take a closer look at how to be fully prepared for your personal injury case.

Perparing for Your Legal Case

1.    Preparation Begins with Hiring an Experienced Attorney
2.    Prepare to Manage Your Expectations
3.    Prepare a Long-Term Medical Treatment Plan
4.    Prepare & Keep Detailed Records
5.    Prepare for a Loss of Privacy
6.    Prepare to Be Scrutinized
7.    Prepare for Your Day in Court

 

1.    Hire an Experienced Attorney

Most attorneys will focus their service on a particular niche in which they become experts.

If you are dealing with injuries or losses due to an accident, you should look for a lawyer specializing in those cases.

Personal injury attorneys have handled hundreds of cases successfully and have the experience and knowledge to work effectively on your behalf.

Most of us have no more legal experience than what we have gleaned from watching legal television shows.

This is not enough to prepare, present, and win an injury case independently.

When you hire an attorney to act as your legal advocate, you can benefit from their support, legal expertise, and ability to negotiate a fair settlement with your insurance company.

 

 

3.    Build Your Medical Treatment Plan

Building your personal injury case begins when you are still at the accident scene.

If you are physically injured, you must seek immediate medical attention to your impending case. For example, if you are in a car accident and the on-scene EMTs offer to look you over, it’s important to let them clear you or give your treatment.

Even if you don’t feel like you are seriously injured, let the EMTs take a look at you to rule out delayed injuries like whiplash and concussion. There are many injuries that may not show symptoms for many hours or days following your accident.

It’s important that you seek medical treatment as soon as possible following your injury.

Never refuse medical treatment when you have been injured in an accident.

If your case goes to court, you will need to provide medical records that corroborate your claims of injury. If EMTs clear you at the scene of your incident, but start to feel unwell or experience pain, later on, you should seek immediate medical treatment.

Once you have been treated by emergency medical staff, it’s crucial to make an appointment with your primary care physician to create a long-term treatment plan.

You must follow all of your doctors, specialists, and therapists' medical recommendations.

While you are building your case, your physical healing and medical journey will be under great scrutiny from the insurance company and prosecuting officers.

It is important to keep thorough records of all of your treatment visits, recommended therapies, prescriptions and all medical bills. Your bills and associated costs will be part of your proposed compensation package so you need to ensure that these records are correctly maintained. ^[1]

4.    Prepare & Keep Detailed Records

Keeping the stress of an injury lawsuit to a minimum is by staying organized.

Keeping detailed records can help you turn a simple request for compensation into a winning case.

You don’t want to have to search for important documents when the time comes to head to court.

The gathering of evidence and keeping records will begin the moment you are injured.

From taking detailed photos of the scene of your accident to providing detailed medical records, every piece of evidence can help build your case. Here are a few critical documents that you should gather in your evidence file:

• Contact and insurance information of the defendant(s)
• Photos of your injuries
• Pictures of the scene of your accident
• Workplace records if you were injured on the job
• Medical records, including all specialists and therapist's reports, x-rays, medication prescriptions, and treatment plan outline
• Receipts for all expenses incurred due to your injury including medical bills
• Paystubs to show the amount of money you have lost from taking time off work

5.    Prepare for the Loss of Privacy

Filing a personal injury lawsuit will require you to become an open book about many aspects of your life. If you value your privacy, you need to be prepared to become more transparent about your personal information.

You will need to be open to sharing personal information and details with your lawyer to help them to prepare your case.

The defense team has the right to request information about your past that may be pertinent to their case, including employment records, medical history, and past tax returns.

Your lawyer will advise you on what requests for information are legally sound so that you aren’t taken advantage of by the defense counsel.

It can be very frustrating for claimants to have their personal lives invades, so it’s best to be prepared.

6.    Prepare to be Scrutinized

7.    Prepare for Your Day in Court

Your lawyer is accustomed to appearing in court, but it is the first time they will enter a legal setting for many litigants. A courtroom can be an extremely intimidating space. It’s a good idea to make a trip to visit a courtroom in session with your lawyer before your case is before the court to get an idea of what you will experience on your trial date.

A court of law is formal and it is expected that behavior and dress should follow proper etiquette. As the claimant, you need to show your reverence for the court and the seriousness of your intent. ^[2]

Your lawyer can help you decide what you will wear to court for your appearance. If you are unsure about the dress code, it’s best to go with business attire. For men, a suit and tie is appropriate, or if you don’t have access to a suit, a nice pair of pants, a button-down shirt, and a tie will be fine. For women, office wear like a suit or slacks and a conservative blouse is acceptable.

Your behavior in court will help the judge and jury to determine your intent and sincerity. Be respectful at all times, and follow the instructions of your lawyer. Speak honestly and clearly when you are asked questions.