Skip to Content

Personal Injury Case? How Compensation is Determined

How well you build a case determines the compensation you can receive in a personal injury case.

When you get hurt in an auto accident, and the injuries are serious enough to keep you away from work and prevent you from leading a normal life, you can claim compensation for the damages.

The law empowers the injured to protect their rights and seek legal aid for claiming compensation for the damages and suffering underwent.

Before you file your claim for compensation, you must first ascertain the possibilities of getting compensation by evaluating the merits of the case because all cases of injuries might not qualify for claiming compensation.

Only a Los Angeles brain injury attorney who is an expert in personal injury cases can tell you about the prospects of obtaining compensation through a settlement process with the insurance company of the party at fault failing, which can lead to a lawsuit.

To file a claim for compensation, it is important that you know about the requirements for building a case first by establishing that the other party was at fault that caused the brain injury caused by an accident.

Soon after the accident, you must take some methodical steps that help to prepare the ground for claiming compensation.

What should be your role after the accident and how you can help to establish the fault of the other driver that makes a good case for recovering damages is what you will learn about ongoing through this article.

How well you build a case determines the compensation you can receive in a personal injury case. Here is what you need to know!


How Compensation is Determined in a Personal Injury Case

Document what happened at the accident site

Your first responsibility after the accident is to document everything about how the accident happened, and the extent of injuries and damages that occurred.

Depending on the nature of injuries, seek immediate medical care because it is the priority at point of time.

If the injury is not as serious, that might need immediate hospitalization but again not something that you can ignore, as soon as you recover from the initial trauma start documenting the accident scene as authentically as possible by gathering every detail about the incident.

It must capture the moments that led to the accident and what happened after it, and you must arrange for witnesses to stand by you to facilitate winning the claim.

Get primary medical aid

Soon after the accident, arrange for primary medical care so that the injured persons are somewhat in a position to be on their own at least for some time.

Retain the record of the treatment procedure together with the doctor’s note and medical bills that form part of the evidence to prove the injuries.

The medical record helps to establish your physical condition after the accident and the seriousness of injuries and how it could affect your future life.

How well you build a case determines the compensation you can receive in a personal injury case. Here is what you need to know!

Involve the police

During an accident, a police report holds the highest credence for claim adjusters and attorneys.

Therefore, as soon as you receive medical attention and recover from the initial shock, call the police.

It is to your interest that you must prevail upon the other party in case they are averse to involve the police and make sure that the police intervenes and record the accident. 

Besides documenting the accident in detail, the police report normally includes evidence of fault and captures as much detail as possible about the sequence of events and its effects.

How well you build a case determines the compensation you can receive in a personal injury case. Here is what you need to know!

Get witnesses

Witnesses are crucial to building your case with credible evidence because they can narrate the events that support your cause for claiming compensation.

People who saw some or most of the incident occurring before their eyes can help to establish convincingly the sequence of events that led to the accident and point out whose fault it was.

Talk to the witnesses, collect their personal information like contact details, and ask them how far they would be willing to appear in person to tell about what happened or provide a written account of it.

Know their views about what they saw and how things happened.

Photographs of the accident site

It is now easy to create photographic records of accidents by using the camera of mobile phones, and you must take an extensive picture of the accident site that helps to authenticate your stand.

If you are unable to take photographs, seek help from witnesses and other bystanders to record everything in pictures from the damaged vehicles to the injured persons and even the impact that the accident had on the surroundings.

Take photographs of buildings and structures like traffic lights in the vicinity in case there is even some remote connection to the incident.

How well you build a case determines the compensation you can receive in a personal injury case. Here is what you need to know!

Vehicle damage estimation

Besides injuries, the vehicle damage cost should also be a part of the compensation claim for which you must obtain an estimate for vehicle repairs.

Obtain 2-3 quotations from different repairers as it helps to avoid independent inspection by the third party that most claim settlers would insist.

Make a case

Now that you have prepared well to file a claim for compensation with the insurance company of the erring driver of the other vehicle, you must be ready to build a case with adequate evidence and establish that the injury happened because of the fault of the other party.

You must highlight that since the other driver was negligent in discharging the duties for protecting others on the road, it resulted in the accident.

That the breach of responsibility led to the accident should be the most critical point when you argue your case for compensation. 

By using all the materials and evidence together with the police record and medical record, you should be in a good position to prove not only the injuries suffered but also the accompanying suffering and damages that you had to undergo due to it.

Unless you can amply prove that the accident was the result of the negligence of the other driver, you can never recover any compensation.

And to achieve the goal, witnesses play a crucial role because they should speak for you and corroborate the facts stated in the police record, medical documents, and other documents in support of a loss of earning during the period of medical treatment.

How much compensation you receive would depend on how well you can build a case that leaves no room for turning down your claim.

error: Content is protected !!