There are several ways to approach your car accident personal injury case. Yet, they’re not created equal. In fact, some strategies could put you in a bad position as you try to argue your claim, diminishing the possibility of finding accountability and recovering the compensation you need to meaningfully advance your recovery. While the specific approach that you’ll want to take in your case will depend on several factors and the unique facts in play, there are several steps you can take to give yourself an advantage in your case. Let’s look at some of them here so that you can start your claim off on the right foot.
What can you do to give your personal injury claim an advantage?
There are multiple steps you should consider taking to build a strong personal injury claim. These include:
- Engaging in thorough discovery: The purpose of the discovery process is to learn information held by the other side and give yourself insight into the defense’s strengths and weaknesses. If you play your cards right, you may even use the discovery process to generate evidence that’s favorable to your case, such as when you lock a defense witness down on conflicting statements during a deposition. The discovery process is broad, though, so you’ll want to carefully consider how you can use interrogatories, requests for production of documents, requests for admissions and depositions to your advantage.
- Securing experts: To prove liability and the full extent of your damages, you might want to turn to one or more expert witnesses. An accident reconstruction expert can help you argue how the accident was caused and who is to blame, while an expert medical professional may be able to speak to the severity of your injuries, your need for ongoing care and how your injuries prohibit you from working and enjoying the life that you lived prior to your accident. Be thorough here so that you can buttress as many aspects of your claim as possible.
- Anticipating defense arguments: While there’s a chance that your case will settle before ever heading to trial, you still have to be prepared to counter defense arguments. If you can anticipate those arguments ahead of time, then you’ll be better positioned to develop counterarguments that are effective in preserving the viability of your claim. This may include finding ways to mitigate comparative negligence arguments or arguments pertaining to a failure to mitigate damages. These are issues that you can discuss with your attorney.
- Knowing what you want: This might sound easy enough, but far too many accident victims end up sitting down at the negotiating table or stepping into court without a clear sense of what they hope to get out of the process. You need to identify your goals so that you know when it’s right to settle your case and when it’s time to walk away and take your chances in court.
Maximize your chances of winning your personal injury case
Dealing with the complexities of the legal system can be tough when you’re trying to recover from serious injuries. But your attorney can help you navigate the process so that your legal arguments are as strong as possible given the facts at hand. That said, you still have to be proactive in educating yourself on the law so that you can make fully informed decisions that advance your interests. So, don’t be shy about discussing the intricacies of your case with your attorney. By advocating for yourself, you’ll hopefully obtain an outcome that protects your overall wellbeing and your future.