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3 Factors That Make a Strong Personal Injury Claim
3 Factors That Make a Strong Personal Injury Claim
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3 Factors That Make a Strong Personal Injury Claim

Posted in Blog on July 17, 2022

If you were injured due to someone else’s negligent or reckless actions, you may be able to recover compensation through a personal injury claim. But your case will only be successful if the following elements exist: liability, damages, and collectibility. 

The more evidence you have in each area, the more viable your claim will be. That’s why it’s imperative to collect photos and receipts, possibly keep a journal, and do all you can to gather evidence early on. 

You also need experienced law professionals fighting on your behalf. The Denver personal injury lawyers from Zaner Harden Law will work with you from beginning to end and help you gather everything you need for the strongest claim possible. 

1. Liability

As the first crucial element of any personal injury claim, liability is very important. 

In the legal world, to be found “liable” is to be found responsible, and therefore obligated to compensate the injured party for their damages. For the at-fault party to be held liable, your attorney will have to prove that they acted negligently, and that that negligence caused the accident that then caused your injuries.

Sometimes liability is easy to determine, but other times it’s extremely complicated. Regardless, you’ll want a personal injury lawyer by your side who will work towards obtaining maximum compensation on your behalf.

2. Damages

Damages are directly related to the amount of compensation you could receive if the case rules in your favor. Some damages are easier to prove, like medical bills and loss of wages. Other types of damages are more nuanced, such as pain and suffering. 

There are three types of damages that the injured party could seek compensation for – economic, non-economic and physical impairment. The injured party can see damages for all three categories  at the same time if they can prove them. 

Economic harm describes wage loss and anything that you can prove with a receipt or bill. Examples of economic damages include: 

  • Medical expenses
  • Lost wages
  • Physical or vocational rehabilitation 
  • Lost earning capacity 

Non-economic damages describe the emotional or mental struggle that isn’t always easy to prove with a bill or number. Examples of non-economic damages could include any of the following: 

  • Loss of companionship
  • Physical pain and suffering
  • Mental anguish or emotional distress
  • Disfigurement 
  • Cognitive difficulties 

Physical impairment and disfigurement damages are an additional category of damages that can be recovered.  These damages are not capped under Colorado law. 

3. Collectibility

The final element that you need in a strong personal injury claim is collectibility, or the ability of the at-fault party to pay the injured party.  

Collectibility requires an examination of both the insurance policy’s limits and the at-fault party’s assets. For example, if the injured party’s damages total more than the insurance limits, the amount of compensation is influenced by the at-fault party’s income and ability to pay.

This is why it is important to collect as much information as possible from the other driver and then speak with a lawyer immediately. If the at-fault driver couldn’t afford insurance, then it’s likely they can’t afford your medical bills, either. 

In that case, your lawyer might suggest trying to recover the costs of your medical bills from your uninsured or underinsured motorist coverage on your own insurance.  Generally there is not any increased cost to your premiums should you utilize this coverage. 

3 Things You Can Do to Help Your Case

Do you think your personal injury case has all three elements listed above? 

If so, then there are three easy things you can do to help strengthen your case.

1. Keep a journal.

A personal injury journal is where you will record everything you remember from the event or accident. It’s also an ongoing journal that chronicles all the different ways your life was impacted by this harmful event. 

It’s important to record your account of the accident as soon as you can while the details are fresh in your memory. Your testimony could be used as evidence if it is taken to court. 

Keep the journal going from the moment the event happened until your lawyer advises that you can stop. Track things like lost wages, loss of intimacy with your spouse due to injuries, any depression or mood changes, and details about your medication and treatment. 

Write everything down, even details that you feel might be too mundane. Even the smallest specifics could prove to be vitally important in personal injury claims. 

2. Hold on to all your medical records and bills.

Keep a physical file folder (or a folder on your computer) where you keep all of the receipts and bills for medical visits or treatments you receive after the accident. 

If your physician refers you to a specialist, ask for a printed copy of the referral so you can prove it was a result of the injuries sustained from the accident. 

Also ask for copies of your medical records, including X-rays and medication prescriptions. 

All medical bills are imperative pieces of evidence. Each one could increase the amount of compensation you might be qualified to recover from the at-fault party. 

3. Be vigilant about what you post on social media.

Everything you post on social media can be used against you in court – even posts you think are private. The safest option is to refrain from posting or commenting on anything after the accident and to make your pages and profiles private.

For example, if you’re trying to prove non-economic damages such as pain and suffering and post a selfie of your smiling face, it could be used to suggest that you weren’t suffering as badly as you claim. 

Speak with your lawyer about your social media habits and discuss what you should and should not publish while you prepare your claim. 

Think you might have a strong case? We’ll provide strong legal help.

If you have all the elements for a strong personal injury claim, the legal team at Zaner Harden Law is here to fight on your behalf and help you receive the compensation you deserve. 

Contact Zaner Harden Law at (720) 594-6256 and schedule a consultation to discuss the details of your case. 

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