Individuals who pursue personal injury claims for the first time may find it overwhelming. Theoretically, filing a personal injury claim is supposed to be simple and straightforward. All you need to do is to inform the court and the person you are suing (defendant) of the basis of your case. However, in practice, filing a successful personal injury claim isn’t as simple as it sounds, especially for non-lawyers. That is why hiring an experienced Perth personal injury Foyle legal can make the entire process less stressful.
Before you even think of filing a personal injury claim, you should seek treatment for your injury immediately after the accident. Car accidents are the most common causes of personal injury claims. People also seek compensation for claims caused due to defective products, medical malpractice, dog bites, slip and falls, and intentional acts like battery and assault cases.
Personal injury lawsuits differ in complexity, but mostly depend on the type and nature of the injury. To have a valid personal injury claim, you must prove to the court that it was another person’s fault. Therefore, you will be expected to produce evidence showing that the injury is real and that it occurred as a result of the accident. The following seven documents will help you file a successful personal injury claim.
Summons/ petition
The personal injury lawsuit process begins when you file a set of certain documents with the court and also serve the defendant with a copy of those documents. Summons are formal legal documents that identify the legal and factual basis of your lawsuit. The petition comprises of three sections.
The first section identifies the plaintiff, the defendant, and the court hearing the case. The next section of the petitions identifies the legal theories behind the allegations, explains the court’s jurisdiction to hear the case, and the state of facts related to your case. In this section, you will also be required to explain what relief you are seeking, including how you wish to be compensated by the defendant for the injuries.
The last section of the petition contains your signature or that of your attorney. The petition also contains a signature of the clerk of court and the seal of the court. After filing the petition, you will also be required to pay a filing fee, which depends on the type of lawsuit and the court where it is filed. Filing the petition with the court isn’t enough. You will also be required to serve a copy of the documents to the defendant on time, otherwise, the court will have no jurisdiction over the defendant.
Police reports
It is important to get the police involved in case of an accident. Police reports are crucial, and they can be used to determine liability. They are available to both the plaintiff and the defendant upon request. Don’t be surprised to get more than one police report. The number of police reports available after an accident depends on the responding law enforcement agencies. Police reports alone cannot be used as evidence in a personal injury lawsuit, but they provide a good starting point for an investigation. The initial police report can also be used as a basis for creating other reports such as lab reports.
Witness statements
A witness statement refers to a document recording what the witness saw, felt, or heard. The witness statement document must be signed by that person confirming that what is contained in the document is factual and true. A witness could be the person who heard or saw the accident. It could also be an individual with relevant information concerning the accident. A witness statement can be completed by investigating police, parties to the accident, or even law enforcement agencies.
Medical reports
A medical report refers to a comprehensive document covering an individual’s clinical history. It is provided by a medical professional who has been treating your injury. They may include doctor care records, emergency room records, rehabilitation reports, and autopsy reports. The medical reports should include the amounts charged for treatment.
Victim statements
A victim statement is a document filed by the plaintiff, recording the events of the accident. It is one of the most critical documents in a personal injury claim. Victim (client) statements should be taken when the plaintiff is in their best state of mind, and when they can vividly remember the events leading to the accident. It is important to ensure that you give the details of the accident only to your lawyer. Making statements with other parties may reduce the value of your accident claim or even vindicate the other party of any liability. The victim statement document should document the pain and suffering caused by accidents and how the accident has impacted your life.
Videos and photos
They include images and videos taken during and after the accident. Videos and photos can be used as evidence of the location and the events leading to the accident. Videos may also show the time of the accident. Taking photos and videos after an accident is also important. It helps to capture the nature and severity of the accident. For a court to admit a video or photo as evidence, it must be relevant to the case at hand and must also be properly authenticated.
W2 forms
W2 forms are a set of documents with information showing that you lost wages while nursing injuries from the accident. These statements can be filed by your employer to show the period you have been out of work. Also, you will need to keep receipts or any proof of expenses you incur that are related to the accident. It should include receipts for transport costs, treatment, and medical supplies. You may also need to keep a record of expenses incurred by your loved one when they travel to provide you care.
One secret to filing a successful personal injury claim is to get organized. Keep safely every physical item or document that might be relevant. More importantly, make sure you are working with an experienced personal injury attorney.
About The Author
Stephanie Braga
Hi, I am Stephanie Braga. A professional blogger and content community manager on this platform. I love to write and post content on different niche. Contact me, if you need any help related to digital marketing or content marketing.
