How to win your personal injury claim – What are a client’s duties in a personal injury case?

by | Sep 5, 2016 | Blog

How to win your personal injury claim

When a client comes into my office for the first time or I meet them at their home, it gives me the chance to go over the facts of their accident and what type of injuries they may have sustained. Usually, most people are injured when they are involved in a type of car, motorcycle, bicycle or pedestrian accident. At first, it is common to feel a bit of shock and your adrenaline can mask the pain that you might otherwise feel. So, it is very important to get checked out at the Emergency Room or at a walk in clinic the very same day of your accident.

In addition to checking on your injuries, it is important to take photos of the accident site or scene, photos of the people or drivers involved and photos of your injuries. Of course, it is important to exchange insurance information with the other driver or at fault party because the insurance company will become the defendant and that is who I will be negotiating against for your injuries (or filing a lawsuit if negotiations fail).

I advise my clients to keep a daily diary of how they feel each day, mentally and physically. One year from now, if your case has to go to Court, you may not remember how you felt on any given day so a diary can come in handy to jog your memory. It is also very important to make all your doctor appointments and to follow your doctors’ advice. You may be in physical therapy or seeing a chiropractor who specializes in injury cases and your doctors can help you get better as well as document the severity of your injuries on a weekly basis.

I like to keep in constant contact with my clients, either by phone, in person or via email. It is crucial that I know how you are doing each week and that you are getting the medical treatment you deserve. If you miss a week or two of medical treatment, then that can hurt your case as well as your ability to recover. At the end of your case, I will frequently ask your doctor or doctors for a final evaluation which will explain any future need for medical treatment, how much in the way of medical bills you may have to incur in the future, whether you may have to change jobs or careers and a possible permanent impairment rating if your doctor feels you have sustained a permanent impairment under the AMA Guides to the Evaluation of Permanent Impairment.

In closing, communication between the client and the attorney is critical for proper representation and presentation of your case to an insurance company or a Jury.

A personal injury lawyer with over 10 years of experience, Ryan Malnar serves Colorado Springs with honesty & integrity.