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When the actions of a third-party cause injury to your body, mind, or emotions, you are entitled to seek compensation. The party liable for the damages should take care of all medical expenses and associated losses incurred as a result of their actions or words. However, in most cases, getting compensation isn’t as easy as it sounds. You must seek legal intervention, especially if the liable party or their insurer is uncooperative in the matter.

Before filing a personal injury lawsuit with a personal injury attorney, there are several things that you need to know beforehand as they can affect the outcome of your case. Here are three important factors to consider in your personal injury lawsuit:

1. Evidence of Liability

One critical factor in your case is the evidence of liability. Is there any proof that the other party is responsible for your injuries? For example, cases such as assault, dog bites, slip and fall accidents, or bodily injury from a traffic accident are relatively easy to prove as the evidence is visible. However, others such as defamation are a little harder to justify as the evidence may not be tangible.

Before going to court, you need to ensure that you have all the evidence pointing to the other party as the liable individual in the matter. For example, in an accident, photos and medical reports are required to prove the case. In a defamation lawsuit, you’ll need proof to show that the other party slandered you and you suffered emotional or mental trauma as a result.

2. Availability of Witnesses

Witnesses are valuable elements in a personal injury case. They corroborate your statement and cement the claim against the liable party. Witnesses are particularly crucial in cases where it’s difficult to pin liability on the individual. For example, if someone defamed you in the company of others, having people to affirm the defamation statement is essential to your case. Similarly, if you suffer a slip and fall accident in a building with no surveillance, a witness can confirm that the fall wasn’t as a result of your negligence. Find any witnesses who were present at the time of the injury so that they can testify for you in court.

3. Accuracy of Medical Reports

Medical reports are crucial in a personal injury lawsuit. The judge will use them to confirm that you indeed suffered an injury. The records will also indicate the medical costs incurred, which is useful when setting the compensation amount. Your medical report should be as detailed and accurate as possible. Let the doctor indicate in detail any form of bodily, psychological, or emotional injuries suffered as a result of the other party’s actions. They should also include the following:

  • Nature of the injury ( i.e., temporary or permanent)
  • The severity of bodily injuries
  • The need for seeing a therapist for emotional and mental trauma
  • The estimated treatment period for both physical and emotional injuries
  • The chances of developing additional symptoms down the road

When the doctor’s report is detailed and accurate, you will be assured of receiving full compensation. However, if it is vague and shallow, you may end up incurring medical costs for injuries in which the other party is liable.

The success of your personal injury lawsuit is heavily dependent on the highlighted factors. Can you produce proof? Do you have people to corroborate your statement? Are there medical records to prove that the severity of the injuries and the losses you incurred as a result? Work with a  New Orleans personal injury attorney so that they can help you navigate the case and receive the rightful compensation.