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Personal Injury Settlement: Steps for Building a Successful Case

Updated on December 20, 2011
Personal Injury Settlements can pay for medical treatment.
Personal Injury Settlements can pay for medical treatment. | Source

You have just been in an accident and now you need to build a case for a personal injury claim and a personal injury settlement.

In order to file an injury claim to get a personal injury settlement, the accident must be the fault of someone else. It may be necessary to prove fault in your accident injury claim.


Damages

You must also have “Real damages.” These are measurable injuries caused by your accident. Broken bones, whiplash injuries, cuts, and other forms of trauma are good examples of real damage. Your personal injury settlement amount will vary according to the severity of the real damages you have sustained.

Emergency Services

Call 911 for the police and for emergency medical services. The police will fill out an accident report and this report can be used to determine fault. Emergency Medical Services may be need to treat life threating and severe injuries at the scene as well as to transport you to the emergency department

If you have been injured, make a visit to the emergency department if you feel you need prompt treatment. If not, visit your regular doctor as soon as you can. Many people are shaken up after an accident. In order to file an injury claim to get a personal injury settlement, you must be treated by a medical professional. Your doctor can start treatment and document your injuries for your injury claim

Take Photos

Accident scenes can be chaotic and sometimes dangerous. If it is safe and you are able, take photos of the accident scene. This includes photos of damages to the property involved, skid marks, wet floors, any and evidence that can help prove fault or justify the injuries you received.

Also, if it is possible, take photos of your injuries. These photos will strengthen your injury claim. Photos can play a major role in a jury awarding a larger judgment. They can also push the claims adjuster to award a higher dollar amount for your personal injury settlement.


Get Treatment

Always get the treatment recommended by your doctor. Your doctor is trained in treating injuries and they know what is best to bring a full recovery. Following your doctors’ treatment plan also is important to your personal injury claim. If you miss appointments or don’t take the recommended treatments, the claims adjuster will see that as proof that you were not injured.

Liability

To file a successful injury claim you will need to prove liability in your personal injury case. Unless someone is liable for your injuries you will not receive a personal injury settlement

Settlement

Once an injury claim is filled you will need to negotiate a personal injury settlement. This is a process you may be able to handle on your own. However, there are some cases where you do need an personal injury lawyer.

In addition to negotiating a personal injury settlement, you or your personal injury lawyer may be able to negotiate injury treatment fees from the doctors who have treated you.


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