What Are Your Rights In A Personal Injury Case
One of the awful things that could happen to you is being injured in an accident. Whether you’re involved in a car collision, slip and fall accident, or other accidents caused by someone else’s negligence, the physical, emotional, and financial consequences can’t be overlooked.
Depending on the extent of the injury, you’d be in pain for a long time, likely to miss work and earn money for a living, and unable to enjoy the things you used to do. It is where filing a personal injury case comes into play. If you feel like someone else has to be held responsible for your accident, you might be eligible to bring a claim against the alleged at-fault party. Also, if you pursue legal action, you need to know that you have certain rights to enforce and be protected.
Below are your rights in a personal injury case:
Right To Seek Prompt Medical Care
It is one of the common rights you have in a personal injury case. Essentially, seeking immediate medical attention after the accident plays a crucial role in your legal action. It allows you to document your injuries and prove they resulted from the accident. Your doctor will give a written diagnosis and a treatment plan when you get yourself checked.
Once you’ve decided to file an injury case, you can enforce this right by requesting some copies of these medical reports and adding them to your list of evidence. Doing so can help strengthen your legal action.
Right To Recover Compensation
Apart from holding the defendant accountable for what happened, you also have the right to recover compensation in a personal injury case against the at-fault party. This compensation will cover the expenses and other losses due to your accident and injuries. These can include hospital bills, lost earnings and capacity to work, pain and suffering, and other similar losses.
But before you can get compensated, you need to establish the at-fault party’s negligence in your personal injury case. It is where an experienced personal injury lawyer from reputable legal networks like 1-800 injured becomes helpful. They know what to do to prove that someone else’s negligent acts have caused your injuries. For example, they can assess your case’s facts and establish the essential elements of negligence. If they can prove it to the court, you can now discharge your right to receive the compensation you deserve.
Right To Gather Evidence
Having a successful personal injury case doesn’t come easy. But with your right to gather valuable pieces of evidence, you’ll have a higher chance of winning your case. As the aggrieved party, you need to collect information about the accident. These can include photos of the accident scene and the damage to your vehicle, medical reports, employment records, and other forms of documentation.
After gathering all the necessary documentation, you can now submit it to your lawyer and have it included in your evidence list. You can use the documents to improve the odds of obtaining a favorable outcome. You’d not only get compensated for your injuries, but you’d also make the negligent party liable for the accident.
Right To Negotiate With The Insurance Company
No matter what type of accident you’re involved with, the party allegedly liable for your injuries is more likely insured. In that case, you have the right to deal with the insurance company to get the settlement offer you deserve. However, negotiating with the insurer can be tricky since they usually prioritize their interests over yours. As a money-making business, insurance companies would do everything to reduce the settlement amount or deny the claim upfront based on some grounds. For example, they might use anything you say against yourself to justify the reduction or denial of your claim.
Due to these circumstances, having a lawyer by your side is essential. Unless you have excellent negotiation skills, you need to hire a legal professional to negotiate with the insurance service provider while protecting your rights. Since most personal injuries know how insurance companies work, the latter would hesitate to do anything that might get them into huge legal trouble.
Hence, if you’re exercising your right to negotiate with the insurance company, you might also seek assistance from a legal expert to obtain a more desirable result.
Recovering from the aftermath of an accident is never easy. There are several things to consider to ensure you get back on your feet as soon as possible. But on top of your physical recovery, you also need to handle the legal aspect of your situation, which is filing a personal injury case.
Luckily, dealing with an injury case doesn’t have to be difficult as long as you know how to enforce the abovementioned rights. The more you’re aware of your rights, the better off you’ll be in navigating your case and obtaining a winning judgment.