What Makes A Sound Or Viable Personal Injury Claim?


There would be three components to this.

First, there would have to have been an accident that was completely or mostly the fault of someone else, so that the liability or culpability would be on the potential defendant.

Second, the potential defendant would have to have an insurance policy and or assets to make it worth pursuing a lawsuit. The more assets the person had and the higher the insurance policy, the more likely a lawsuit would garner a significant settlement or that they would be able to pay a significant trial verdict.

Third, the damages would have to be real and they would have to be quantifiable. For example, if there was an injury to the shoulder and a knee, then there would have to be some proof of broken bones or soft tissue muscle tearing. If it was an injury of the back, then there would have to be an indication of a herniated disc or broken vertebrae. In case of a head injury, there would have to be some indication that there was a brain bleed or significant trauma. There would have to be a real and significant injury that was quantifiable by objective medicine such as diagnostic tests, radiographs, x-rays and or MRI or CT scans.

Often, surgery could also help measure the seriousness of someone’s case. If the person elected surgery that would usually show the insurance company, a potential jury or a judge that this was a serious case. People tend to not go through surgeries, with all the risks involved, unless they were really injured.

How Important Are Evidence And Witnesses In A Personal Injury Claim?

Evidence would be the most important thing in a personal injury claim.

A person would need to show evidence they had an accident, they had a serious injury resulting from that accident, that they were a compliant patient and evidence that it was the other side’s fault.

Should People Keep A Log, Diary Or Journal Of The Accident And Treatment They Received?

This would be like a double-edge sword. It would be important to know how their injury was affecting their life. People often do recover from even very serious cases, so they might want to remember what it was like in year one or two of their accident and what kind of pain and suffering they had. Keeping a diary would be a good way of documenting what they went through.

On the negative side though, the dairy, journal or written account would be discoverable, so the other side’s defense counsel would get to see it. People need to be very careful when documenting their accident and they should keep in mind that whatever they wrote down the other side could see.

Whether or not someone should maintain a diary or journal would depend on the case and clients. It would also depend on what they had been through, how quantifiable it was and whether the pain and suffering needed to be documented.

The victim’s husband, boyfriend or girlfriend would usually have a better memory of and a better understanding of what it was like. This is why they usually end up being the pain and suffering witnesses who come forward at trial or at a deposition.

For more information on How To Build Your Personal Injury Case, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (914) 220-1088 today.

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