A strong personal injury claim typically has three elements: clear fault, documented injuries, and proof that the incident caused your losses. The stronger the evidence connecting someone else’s negligence to your injuries, the better positioned you are to pursue compensation.
Most personal injury victims do not have the resources or knowledge of Maine personal injury laws necessary to gather the right kind of evidence to prove their claim, present it in a way that’s compelling to an insurance company or jury, or to negotiate with a powerful insurance company for fair compensation. If you’ve been seriously injured and are still receiving medical care, building your case on your own can be extremely difficult. Instead, work with a Portland, ME personal injury lawyer who can handle all the aspects of pursuing your claim and dealing with insurance companies on your behalf.
What are the key signs of a strong personal injury claim?
Personal injury claims require proof that one party’s negligence caused physical harm to another person, and the damages that person suffered as a result of the harm caused. When it is clear that the incident in question caused you, the plaintiff, physical injury (i.e., your claim is backed by plenty of post-accident medical records showing that the accident caused your injuries), then you have strong evidence of causation, one of the main elements of negligence. These principles apply across most types of personal injury claims, including car accidents, slip and fall accidents, and other negligence-based cases.
Clear liability is another requirement for a strong case. For instance, a police report that shows that the driver who hit you ran a red light can help to demonstrate who was responsible for your injury in a car crash claim.
A strong case also has significant, quantifiable damages. Many injury victims sustain serious physical injuries, which result in high medical bills. The cost of an ambulance ride, surgery, setting broken bones, or treating multiple areas of soft tissue damage can quickly add up. Meanwhile, the victim is missing work and the value of their unearned wages (part of the damages they can claim) increases the amount of their out-of-pocket losses.
All cases need evidence. In personal injury claims, this can include police reports, incident reports for accidents on business or other public property, photos, videos, witness accounts, and detailed medical records. The more evidence you have, the stronger your claim typically is.
In some cases, prior incidents or safety violations may support your claim, depending on the type of accident and the available evidence. If the other party has a history of reckless driving, it could discredit any claims that they were driving carefully at the time of a crash.
What makes a personal injury case weak?
Even if you think you have a weak case, it’s important not to exaggerate symptoms or injuries in an effort to strengthen it. It’s also important to follow the recommendations of treating medical providers. Failure to follow a medical provider’s recommendations can lead to an argument that the plaintiff didn’t do everything necessary to recover from an injury.
A lack of documentation can also weaken your case. If you have no medical records, it’s hard to prove your injuries. If you don’t have documents showing financial loss from an accident it’s difficult to establish damages you might be entitled to. Making sure your injuries and losses are well documented is the best way to ensure a case is supported by solid evidence.
Maine follows a modified comparative negligence rule, which means you can recover damages only if you are less than 50 percent at fault. Even if you are partially at fault, as long as your fault isn’t more than 50%, you still have a right to compensation for losses due to someone else’s negligence.
Do you have a strong personal injury case? Learn more in a free consultation
If you have been hurt in an accident caused by someone else’s negligence, ask the personal injury attorneys at Shaheen & Gordon for a free personal injury consultation. We review the circumstances of your case, evaluate the degree of the other party’s negligence, and give you personalized, honest advice about your legal options.
Our firm handles all types of personal injury claims, and we understand the nuances of each type of case. We’re committed to helping you present the strongest case possible so you have the best chance of getting the full amount of your damages. Call us today at (800) 451-1002 or contact us online to get started.
