Our Dallas-Fort Worth Personal Injury Lawyer Shares Some Dos and Don’ts for Your Personal Injury Case
Getting injured can not only be painful and stressful, it can be confusing. Navigating the legal process isn’t something you should do on your own. Armstrong Law will help you understand the Texas legal process and maximize your compensation when making a personal injury claim. Here, we take a look at what you should—and shouldn’t—do after you’ve been injured.
What Qualifies As a Personal Injury?
Injuries that occur due to another person’s negligence are classified as personal injuries. Negligence is the failure to exercise reasonable care. Some common examples of personal injury cases include car accidents, truck accidents, bicycle accidents, workplace accidents, and accidents caused by defective products. Some injuries, such as brain injuries and spinal cord injuries, can cause lifelong disabilities.
In Texas, as in most states, there are four key elements that must be proven in a personal injury case. These elements form the foundation of negligence-based claims.
- Duty of care. The plaintiff must establish that the defendant owed them a legal duty of care. This duty varies depending on the relationship between the parties and the circumstances of the incident.
- Breach of duty. It must be shown that the defendant breached their duty of care through action or inaction. This is typically demonstrated by proving the defendant's behavior fell short of what a reasonable person would do in similar circumstances.
- Causation. The plaintiff needs to prove that the defendant's breach of duty directly caused their injuries.
- Damages. The plaintiff must demonstrate that they suffered actual damages as a result of the defendant's actions. These can include physical injuries, emotional distress, medical expenses, lost wages, and other quantifiable losses.
What You Should Do To Maximize Compensation
Here are the top things you should prioritize after a personal injury to give yourself the best chance of maximizing compensation.
- Do preserve evidence. After the injury occurs, if possible, take photos, collect witness statements, and obtain a copy of the police report. Hold onto this evidence because it will be invaluable for your claim. We recommend that you keep a physical and digital file of your evidence to ensure that it remains secure and in your possession.
- Do get medical treatment. It’s important to receive medical treatment ASAP upon being injured. Receiving medical treatment will allow you to be properly diagnosed and treated. Additionally, save all medical documents and bills. This will provide evidence pertaining to your diagnosis, suffering, and financial burden.
- Do consider future damages to your claim. When making your claim, it’s important to consider future damages that may affect you, including loss of wages or work opportunities due to the injury. Your injury could also lead to chronic pain, physical therapy, or other long-term medical treatment.
- Do speak to a personal injury attorney to get the full value of your claim. At Armstrong Law, Dallas-Fort Worth personal injury lawyer Warren Armstrong will walk you through the legal process, collect evidence, conduct an evaluation, and speak to witnesses to get the most out of your claim. It’s important that you stay informed throughout the process, and a personal injury attorney will help you through it.
What You Shouldn’t Do After a Personal Injury
The following are things that you should not do after a personal injury if you’re looking to maximize compensation.
- Don’t wait to file your case. You have a limited time to file your case and preserve evidence, so it’s paramount that you file your case as soon as you can. In the state of Texas, there is a two-year statute of limitations on personal injury lawsuits involving car accidents, poorly maintained properly, defective products, dog bites, and intentional torts. Don’t wait until it’s too late to file your case.
- Don’t post on social media until your claim is finished. Posting seemingly harmless things on social media can ruin your case. For example, if you post a photo of your family outside, it can be misconstrued to represent that you are well, even if you were not at the time. Moreover, talking about your claim online may jeopardize it. While it may be tempting to share information about your personal injury with your friends and family on social media, it’s best to keep it offline.
- Don’t accept the first settlement option. The first offer often comes much too early to understand the full extent of your claim. If the offer is proposed before you’ve fully recovered from your injuries, you won’t have the full picture of what your claim is worth. Also, during the negotiation, you will likely have the opportunity to put in a counteroffer that reflects the true amount of your claim.
Don’t Go It Alone
The best route to take when dealing with a personal injury claim is to work with an experienced personal injury attorney. Warren Armstong has assisted people with their personal injury cases for over 16 years. To build your case, he’ll:
- Gather evidence, including police reports, medical records, witness statements, and physical evidence from the accident scene
- Compile and organize all relevant documents, photos, and videos related to the injury and its impact
- Work with medical experts to understand the full extent of injuries and potential long-term effects
- Prove the defendant's negligence or fault in causing the injury
- Determine the full economic and non-economic costs of the injury, including medical bills, lost wages, pain and suffering, and future expenses
- Negotiate with insurance companies or opposing counsel to seek a fair settlement
- Developing a compelling narrative and legal strategy if your case needs to go to trial