If you ever suffer a catastrophic injury due to the negligent conduct of another, you should be aware of your right to pursue a legal claim against the responsible parties for damages. Because the stakes are high, it is always wise to consult with a personal injury attorney to maximize your chances of success.
As the victim making a personal injury claim against the responsible parties, you and your attorney will have the “burden of proof” to demonstrate your legal claims by a preponderance of the evidence. As the victim, you are in the very best position to help your attorney prepare your best case. You can do so by taking the following steps:
- Document the accident. Using whatever means you can (i.e. a journal, recording, dictation, having a friend transcribe your statement), recount everything you remember as soon as you can. Note the date, time of day, where it occurred, the weather, the temperature, responsible parties, witnesses, and everything you remember about the accident and its immediate aftermath. This is important as your memory of every detail will only become hazier over time, and a contemporaneous statement is considered far more reliable than one made over a year later.
- Get a copy of any police report relating to your accident and injuries. A police report can establish critical facts of your claim, such as the date, time, conditions of the scene, descriptions of the accident, and statements from witnesses and parties. A police report can also go a long way toward establishing fault and compelling a responsible party to settle your claim. For example, if a police report states that an 18 wheeler truck was following you too closely before crushing your car from behind, this may compel the company to offer you a reasonable settlement.
- Compile a list of every medical and mental health professional who has treated you for your injuries. Provide all of the medical records you can gather to your attorney. Further, obtain a comprehensive record of your medical bills from these medical providers. All of this information can help your attorney: (1) track down critical witnesses and evidence regarding your injuries; (2) demonstrate the extent of your injuries and your medical prognosis; and (3) show the exorbitant medical bills that you have shouldered due to your injury.
- Take ongoing notes and photos of your injuries and recovery over time. As your claim may not reach a court until well after your claim, photos can help illustrate just how badly you were injured by the negligent party. Journaling your recovery process and the obstacles that now exist in your life or career can help give
Trust Viloria, Oliphant, Oster & Aman L.L.P. to Fight for You
If you have suffered a serious injury due to the conduct of another driver, you may have a legal claim. The personal injury attorneys at Viloria, Oliphant, Oster & Aman, L.L.P. are knowledgeable, experienced professionals who have had countless successes on behalf of our clients. We pride ourselves in working hard and providing compassionate representation to clients who need help paying the massive medical bills that resulted from the negligent conduct of others. Let us work for you. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule an initial consultation or contact our office through our website.