Home Life Style 4 Signs That You Have a Strong Personal Injury Claim

4 Signs That You Have a Strong Personal Injury Claim

Injuries can happen unexpectedly and often leave individuals grappling with physical, emotional, and financial burdens. Victims deserve fair compensation for their losses, whether a slip-and-fall accident, a car crash, etc., caused by someone else’s negligence. However, not every injury qualifies for a strong personal injury claim.

Consider a recent example in Colorado. According to Colorado Politics, a jury awarded a man $9.2 million for his botched surgery. A trial judge also ruled that the man should receive the entire amount instead of the lower limit set by the state. However, the Colorado Supreme Court questioned the explanations given for the suit and considered if a new judge should reexamine the award.

To help you determine the strength of your case, here are signs that indicate you may have a strong personal injury claim:

Clear Liability

Clear liability in a personal injury claim strongly indicates the claim’s viability and potential for success. When liability is clear, who was at fault for the accident or incident that caused the injury is evident. This clarity simplifies the legal process significantly, as there is no need to spend time and resources proving who was responsible.

Moreover, clear liability can also expedite the resolution of the claim. Without extensive litigation to determine fault, negotiations can proceed more smoothly, and the case may be resolved quickly. This can be particularly advantageous for the injured party, as it reduces the time and stress of pursuing legal action.

However, when liability is not clear, it can become a challenge. For instance, a serious three-car crash occurred in Colorado Springs. According to KKTV, the accident on Highway 24 sent multiple people to the hospital. Following the crash, the east Colorado Springs intersection was shut down for a few hours.

Establishing liability would have been easier if there had been only two cars. However, since three cars were involved here, it might not be clear whose fault it might have been. Thus, such a claim could take slightly longer.

Documented Injuries

When injuries are well documented, they provide concrete evidence of the harm suffered by the individual. This documentation typically includes medical records, injury photographs, and other relevant medical reports. Such evidence can be crucial in demonstrating the extent and severity of the injuries sustained due to the incident.

The severity of the injuries often plays a pivotal role in determining the compensation awarded to the injured party in a personal injury claim. Documented injuries offer clear proof of the physical harm endured, which can strengthen the compensation case. They also provide tangible evidence to support the injured party’s claims regarding the incident’s impact on their health and well-being.

There has been a similar case with a special needs child. As reported by The Denver Gazette, the kid on Littleton’s special needs bus was allegedly abused. When the little 11-year-old’s toe got purple and swelled, his mother took him to Children’s Hospital Colorado.

The X-ray conducted found that his toe was broken. Moreover, the bus’s surveillance footage showed that Kiarra Jones, the paraprofessional on the bus, stomped his feet. Thus, the X-ray provided good documentation, while the footage was clear evidence.

If you have documented injuries, they are good. However, you can still strengthen your case with evidence if the injuries are not documented. If you don’t have evidence, too, a lawyer can help you collect it.

According to Springs Law Group, attorneys can backtrack the entire event to determine incidents where evidence can be gathered. They can also help you use evidence appropriately to close your case quickly.

Thus, you can hire a Colorado Springs personal injury lawyer if something like this happens to you. The attorney will advocate for you throughout the legal procedure. This can give you peace, as you will have someone reliable standing by you.

Witness Statements

Witness presence often indicates the existence of someone who can corroborate your version of events, bolstering the strength of your claim. Their statements offer firsthand accounts of what transpired, providing additional perspectives beyond your testimony. This can be especially valuable if discrepancies or conflicting narratives surround the incident.

Furthermore, witness statements lend credibility to your claim by providing independent verification of the events leading up to the injury. They can help establish key details such as the sequence of events, actions, and any factors contributing to the accident. This added support can strengthen your case when presenting it to insurance companies, legal professionals, or in court.

Witnesses can also help cases for law enforcers, which can indirectly become a clear liability. For instance, a homicide case recently occurred at The Bluffs at Spring Creek Community.

According to KRDO, there were two witnesses present at the scene. They saw two cars, one chasing the other. However, the cars stopped behind them, as there was no way to go ahead. That’s when one car’s driver started running from the one following him. The witnesses heard three shots, one of which hit the victim.

The statements from these witnesses give accurate details that can help catch the shooter. Moreover, if the witnesses can help draw their sketches, it can further accelerate the case. If the shooter is found, it will directly help prove the liability. Although it was not a personal injury case, the same thing can happen here, too.

Losses and Damages

A strong personal injury claim typically involves significant losses and damages the victim suffers. These may include medical expenses, lost wages, property damage, pain and suffering, and emotional distress. The more substantial and verifiable your losses, the stronger your claim becomes.

Additionally, pain and suffering damages recognize the physical and emotional distress caused by the injury. This can encompass not only the immediate pain experienced at the time of the accident but also any ongoing discomfort or emotional trauma.

Frequently Asked Questions

How Long Do I Have to File a Personal Injury Claim?

The statute of limitations varies depending on the jurisdiction and the type of case. In most states, personal injury claims range from one to six years. It’s essential to consult with a lawyer promptly to ensure you don’t miss the deadline for filing your claim.

What if I’m Partially at Fault for the Accident?

Comparative negligence laws allow injured parties to recover damages even if they bear some degree of fault for the accident. However, the compensation you receive may be reduced based on your percentage of fault. An experienced attorney can help assess your situation and determine how comparative negligence laws may impact your case.

What if the Defendant Doesn’t Have Insurance or Enough Coverage to Compensate Me?

If the defendant is uninsured or underinsured, you may still have options for compensation. For example, you may be able to file a claim under your own uninsured/underinsured motorist coverage or explore other avenues for recovery. An attorney can help you explore all available options for obtaining compensation.

In conclusion, recognizing these signs can help you assess the strength of your personal injury claim and take appropriate steps to pursue the compensation you deserve. Remember, every case is unique, and consulting with a qualified attorney is crucial for evaluating the specifics of your situation. This will help you chart the best course of action.

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