Commonly Overlooked Elements in Personal Injury Claims
After suffering a personal injury because of another party’s negligence, you’ll be seeking compensation for the damage done by the other party. Most likely, you (or your attorney) will be working directly with that party’s insurance company, either reaching a negotiated settlement or facing their lawyers in court if you can’t settle. Either way, a lot goes into building a case that is not only successful but also resolves for an appropriate amount considering your harm.
Accident victims are understandably focused on immediate concerns such as medical treatment and financial stress. However, several critical elements in personal injury claims often go overlooked, which can significantly impact the outcome of a case. Below, we explore some commonly overlooked elements in personal injury claims. If you have been injured by the negligence of another in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C., to discuss your claim with an experienced and successful Goshen personal injury lawyer.
Comprehensive Medical Documentation
One of the most crucial yet frequently overlooked aspects of a personal injury claim is comprehensive medical documentation. It’s not enough to have a single doctor’s visit recorded. Detailed records of all medical appointments, treatments, prescriptions, and any recommended future care are essential. These records provide a clear picture of the extent of your injuries and the ongoing impact on your life, which is vital for determining the appropriate compensation.
Importance of Following Medical Advice
Closely tied to comprehensive documentation is the importance of following medical advice. Deviating from your doctor’s recommendations can be used against you by insurance companies or opposing counsel to argue that your injuries are not as severe as claimed. Adhering to prescribed treatments and attending all follow-up appointments demonstrates that you are taking your recovery seriously, strengthening your case.
Documenting Non-Economic Damages
While economic damages such as medical bills and lost wages are relatively straightforward to quantify, non-economic damages are often overlooked. Non-economic damages include harm you endure such as pain and suffering, emotional distress, and loss of enjoyment of life. These elements can be more challenging to document, but they are critical for a comprehensive claim. Keeping a detailed journal of your daily pain levels, emotional struggles, and the impact of the accident and injury on your activities and relationships can provide valuable evidence for these damages.
Witness Statements
Witness statements can play a pivotal role in corroborating your version of events. Yet, many accident victims overlook the importance of gathering statements from witnesses at the scene. Witnesses can provide unbiased accounts that support your claim, particularly in cases where liability is disputed. If possible, obtain contact information from witnesses immediately after the incident and follow up with written statements. We understand this isn’t always possible after a serious injury or catastrophic accident; our team can work after the fact to locate witnesses in appropriate cases.
Impact on Future Earning Capacity
Another element often neglected is the impact of injuries on future earning capacity. This consideration is especially crucial for severe injuries that may result in long-term or permanent disabilities. An experienced personal injury attorney can work with vocational experts to assess how your ability to work and earn a living has been affected. This assessment is vital for securing compensation that reflects not just your current losses but your future financial stability as well.
Understanding Comparative Negligence
In New York, the doctrine of comparative negligence can significantly affect personal injury claims. Under this rule, your compensation can be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault for an accident, your compensation will be reduced by 20%. Understanding how comparative negligence works and anticipating how opposing parties may attempt to assign fault to you is crucial for preparing a robust defense of your claim.
Preservation of Evidence
Preserving evidence is another often overlooked element. This includes physical evidence from the scene, such as damaged property, as well as photographic and video evidence. Additionally, keeping records of all communications with insurance companies and other involved parties is vital. Evidence can quickly become lost or degraded, so acting promptly to gather and preserve it can make a significant difference in the strength of your claim.
The Role of Expert Testimony
Expert testimony can be a game-changer in personal injury cases, yet it’s frequently underutilized. Experts in fields such as accident reconstruction, medicine, and economics can provide authoritative insights that support your claim. Their testimony can clarify complex issues, making it easier for a judge or jury to understand the full extent of your injuries and their impact on your life.
Contact Dupée & Monroe, P.C., After a Personal Injury in the Hudson Valley
Filing a personal injury claim involves more than just reporting the accident and submitting medical bills. By understanding and addressing these commonly overlooked elements, you can significantly enhance your chances of a successful outcome. At Dupée & Monroe, P.C., we are committed to guiding our clients through every step of the process, ensuring that no critical detail is missed. If you or a loved one has been injured in an accident in Orange County or throughout the Hudson Valley, call us today at 845-294-8900 for a no-cost consultation. Let us help you secure the compensation you deserve.
