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How to Prepare for Personal Injury Lawsuits

Person walking holding briefcase preparing for lawsuit

Document Any Evidence

Ideally, preparation should begin right at the scene of the injury. The first step is to file a police report to establish an official record of what transpired. If the injury resulted from an automobile accident, you’ll want to get the license plate and insurance information of the other motorist—or the sole motorist, if you were a pedestrian. Take photographs of any evidence, such as any immediate injuries to yourself and/or your vehicle. Then seek medical attention immediately to receive treatment and establish further official documentation of your injuries.

Contact a Personal Injury Attorney

Regardless of when the incident occurred, if you’re considering a lawsuit, the time to speak with a personal injury attorney is now. The timing is crucial, because while the statute of limitations for personal injury lawsuits varies from state to state (in California, it’s two years from the time of the incident), cases always become more challenging the longer you wait. Your legal team will need to gather important evidence, speak with key witnesses, and build an airtight case on your behalf.

Over time, evidence can be lost, witness testimony may become less reliable, and defense attorneys may try to weaken your case by alluding to the amount of time you waited to file. This doesn’t mean that your case is unwinnable, but it does create additional challenges that can be avoided with timely proceedings.

Determine an Acceptable Personal Injury Lawsuit Settlement Amount

Many personal injury lawsuits are avoided as the parties settle out of court. Before subjecting you to lengthy and frustrating litigation, your legal team will work with the defense to try and secure a settlement on your behalf. But it’s very important that you communicate with your attorneys ahead of time and determine the minimum payout that you would accept for a personal injury lawsuit settlement. You’ll need to consider the costs you’ve incurred as a result of the injury and also the damages. If the defense is unwilling or unable to offer a settlement that you and your attorneys deem reasonable, you’ll then proceed with the lawsuit.

Follow Your Doctor’s Orders to the Letter

If your case goes to court, you’ll need to be diligent about following all medical advice and living above reproach, as the defendant’s attorneys are going to scrutinize every aspect of your life. They will likely subpoena your medical records and even scour your social media profiles. If you claim to have a neck injury but are posting photographs of yourself in front of violent roller coasters, this discrepancy will be used against you in court. While the case is ongoing, you may want to take a break from social media, keep a relatively low profile, and follow your doctor’s recommendations to the letter.

Prepare With Your Legal Team

When it comes to personal injury lawsuits, this is the most important piece of advice we can offer. You may have to deal with aggressive cross-examination complete with questions designed to poke holes in your version of events. Your legal team is there to help you prepare. They can guide you through the process, help you to structure your arguments, and brief you on the questions and tactics used by the defense. Your legal team is the greatest asset you have, so make the time to work closely with them as you prepare for your case. Trust in their expertise, and remember to keep a cool head when your coaching is put into action on the stand.

If you’ve suffered a personal injury and would like to learn more about personal injury lawsuits, contact the experienced team at Gammill Law today for your free consultation. You can reach us online or by phone at (310) 750-4149, and we’ll respond within 24 hours. Let our experienced and award-winning personal injury attorneys fight on your behalf.