3 Things You Need To Know When Pursuing A Personal Injury Claim

10 December 2014
 Categories: Law, Articles


Personal injuries are often distressing, particularly in regard to medical costs for treatment. Fortunately, you can seek compensation for your injuries by filing a personal injury claim. Of course, winning a personal injury claim is easier said than done. Fortunately, there are a few facts that can make your chances of winning a claim more likely.

Out of Court Settlements

If you are like most other victims of personal injury, you are likely worried what it will cost you to hire a lawyer for your claim. Taking your claim to court can take weeks or even months. Luckily, you do not have to go to court. You can always opt for an out of court settlement instead.

The truth is, only 4-5% of personal injury cases make it all the way to trial. Settling out of court is often faster than going to trial. In other words, if your lawyer charges by the hour, you could end up saving money. And forget anything you may have heard about settlements being a rip off. If you think a trial is the best way to go, keep in mind that approximately 90% of cases that go to trial end in loss.

Obtaining Police Reports

At the time you experienced your personal injury, you likely filed a police report. Filing a police report is common in situation such as a car accident, a slip and fall, and so on. The fact that most people don't realize is that a police report is typically considered an inadmissible piece of evidence by the court.

Fortunately, the police report is still one of the most important documents in your personal injury claim. Your personal injury attorney will likely request a police report first and foremost in order to determine the validity of your claim. Furthermore, a police report can help you secure a win if you choose to settle out of court.

Requesting Medical Treatment

It is not uncommon for a victim of personal injury to deny immediate medical treatment. In many situations, a person will experience shock, which can delay the onset of pain related to injuries received. Shock releases endorphins, which act as a pain blocker. Once the initial shock and endorphins wears off, the pain sets in.

If you did not seek immediate medical treatment, you are advised to see your physician as soon as possible. Do not wait more than a day or two, especially if you plan on using medical documentation in your personal injury claim. Common injuries related to personal injury include:

  • Soft Tissue Damage – Soft tissue damage is common with injuries such whiplash. Whiplash can cause headaches, dizziness, limited range of motion, muscle stiffness and soreness and muscle spasms.
  • Bone Damage – Bone damage often refers to broken or fractured bones. Broken or fractured bones can cause severe pain, swelling and limited range of motion.
  • Concussions – A concussion is common in anytime you receive an impact to the head, such as in a car accident or a slip and fall accident. A concussion will present symptoms such as headaches, blurred vision, vomiting, confusion, disorientation, irritability, lethargy and amnesia.
  • Psychological Trauma – Psychological trauma is not as easy to prove as physical injuries, but it does occur. Psychological trauma may cause fear, upset, depression, and inability to focus and anxiety.

Make sure you request a copy of your medical report from your physician immediately after seeking medical treatment. Your lawyer from a firm like Otorowski Johnston Morrow & Golden P.L.L.C. will want to know what recommendations your physician suggest, particularly if you need to request any time off from work. You may be eligible for compensation related to your medical bills, any long-term injuries sustained and missed work days.