Category: Personal Injury

When you are injured due to another party’s intentional or negligent actions, you have the right to file a personal injury claim to get compensation for expenses resulting from those injuries. To win your claim, you need extensive evidence. Understanding what type of evidence you need and how to acquire it will help you get better results. Continue reading to learn more.

Why You Need Evidence

Most personal injury claims are settled through the insurance process. However, the insurance company won’t just take your word that you deserve compensation. You need to prove that you were injured in a way that is covered by the relevant insurance policy and that the compensation you are requesting is reasonable based on your injuries.

Similarly, if you file a lawsuit, you will need to prove your claim to a jury. In both cases, you need extensive evidence supporting your claim to get the desired results.

Types of Evidence

Evidence can be broken up into two major categories — evidence of fault and evidence of value.

Evidence of Fault

This type of evidence will determine whether your claim gets approved or denied. You can only get compensation from another party if they were liable for your injuries. 

Common types of evidence for proof of fault are:

• Physical evidence from the accident scene
• Eyewitness testimony
• Your testimony
• Audio or visual recordings of the accident

Evidence of fault may be difficult to acquire in some circumstances. For example, if you are involved in a car accident that was recorded by a bank ATM camera, you need the bank to provide you with a copy of that video footage. If the bank is reluctant to share that evidence, you may need to subpoena it.

Furthermore, if you are partially responsible for your injuries, evidence of fault may be required to show what percentage each party is at fault. You can legally get compensation from another party as long as you are less than 50% at fault. The more evidence you can acquire that shows the other party was at fault, the more likely you are to take advantage of this regulation.

Evidence of Value

Proving that the other party owes you compensation is only half the equation. You also need to prove the value of your claim. The insurance company wants to pay as little compensation as possible. This means it requires evidence of every expense related to your injury.

Typically, you need to keep a copy of every bill and loss associated with your injuries. You should keep physical and digital copies of every medical bill and your work records.

Additionally, you may be required to prove that a bill is relevant to your injury. For example, you may need medical records that show that you can’t safely drive to justify a taxi bill.

How Long Can You Spend Gathering Evidence?

In Georgia, you have two years from the date of an accident to file a personal injury claim. If you wait longer than that, your claim will be dismissed. This effectively means you have two years to collect evidence before acting on it.

However, it’s best to begin gathering evidence as soon as possible while details are fresh and physical evidence is still available. Waiting too long can result in lost records, fading memories, or unavailable witnesses, which may weaken your case.

Preserve as Much Evidence as Possible to Support Your Claim

There is no such thing as too much evidence. The more evidence you can collect, the more likely you will get fair compensation. If you have trouble identifying or preserving relevant evidence, an experienced personal injury lawyer can help you.

Photos, medical records, witness statements, and accident reports are all important pieces of evidence. Make copies and store everything in a safe place to avoid losing crucial details during your case.

It’s easy to feel overwhelmed after a serious injury. The recovery, medical bills, and time off work can be challenging enough even before you consider dealing with the insurance company. Gathering evidence proving the other party’s liability and your damages, particularly future damages and non-financial losses, can be daunting. 

That’s where a personal injury lawyer comes in. A good lawyer does more than just file paperwork. They protect your rights, guide you through the process, and help you fight for the money you need to recover. Here are five key ways a lawyer can help with your injury claim.

1. They Handle the Legal Work So You Can Focus On Healing

Your top priority should be getting better, not navigating the claims process or arguing with an insurance company denying or undervaluing your claim. A personal injury lawyer advocates for you and handles the details, including: 

• File all necessary paperwork
• Investigating what happened and who is to blame
• Gathering evidence and documentation of your damages
• Building a case to prove liability
• Handling all communications and negotiating for you
• Giving you legal advice and guidance so you can make informed decisions

If you aren’t being treated fairly, your lawyer will prepare your case for court to pursue fair compensation. 

This gives you the time and space you need to rest and recover without the added stress of a legal battle.

2. They Know How To Prove Fault and Build a Strong Case

To win your claim, you’ll need to prove that someone else caused your injury. That can be harder than it sounds. Insurance companies will look for any reason to deny your claim or pay you less than you deserve.

A personal injury lawyer knows what kind of evidence to gather and how to use it to build a strong case. They may interview witnesses and gather accident reports, medical records, and other documents. Depending on the complexity of your case, they may work with medical experts, accident reconstruction specialists, and other experts to prove how your accident happened and the severity of your injuries. 

If your case does go to court, your attorney will know what evidence is admissible and the rules of evidence to ensure a judge or jury hears crucial information. 

Having solid proof can make all the difference when it’s time to negotiate a settlement or go to court. 

3. They Fight for Fair Compensation

Most injury claims are settled outside of court, but that doesn’t mean you’ll get a fair deal without help. Insurance companies are businesses, and their goal is to save money, not to help you.

A lawyer levels the playing field. They know the tricks insurance companies use and how to push back. A lawyer will be familiar with how insurers calculate claims values using software like Colossus, for instance, and how to challenge their arguments for a low offer. 

Your attorney will negotiate for a settlement that covers all of your losses, including future medical care, reduced earning capacity, and pain and suffering. These damages can be difficult to calculate, and insurance companies usually make lowball offers, especially to injury victims without legal representation. 

If the insurance company refuses to offer a fair amount, your lawyer can take your case to court and fight for a jury verdict.

4. They Can Help You Avoid Costly Mistakes

There are a lot of ways to accidentally hurt your own case, like saying the wrong thing to an insurance adjuster or missing a deadline. Once you make a mistake, it’s hard to fix it.

A lawyer helps you avoid these pitfalls. They’ll give you clear advice about:

• What to say (and what not to say) to insurance companies
• Why it’s important to avoid talking about your case or posting on social media
• Whether to accept a settlement offer
• When to get medical treatment
• How to document your injury and recovery

Having someone in your corner who knows the system can protect you from costly errors and improve your chances of getting full compensation.

5. They Work On a Contingency Fee With No Upfront Costs

Worried about the cost of hiring a lawyer? Most personal injury lawyers accept cases based on a contingency fee agreement. This type of arrangement gives you access to legal representation with no upfront retainers or costs. Your lawyer only gets paid if they win your case.

Typically, their fee is a percentage of the settlement or court award. This setup makes legal help available to anyone, no matter their financial situation. It also means your lawyer has a strong incentive to work hard and get the best possible result for you.

Getting injured is stressful enough. You shouldn’t have to take on a legal battle alone. Whether you have been hurt in a car accident, a slip and fall, or another serious accident, having a lawyer on your side can make all the difference in getting the compensation you need. 

Arizona is an at-will state for employment. Generally, an employer can fire a worker for any reason, including causing an accident on the job. However, the termination must comply with the law and cannot be retaliatory or otherwise unlawful. The termination cannot be discriminatory, such as firing an employee for the sole reason that they are disabled.

Being Fired for Discrimination After a Workplace Accident

Your employer may have the right to fire you if a workplace accident results in a disability that prevents you from performing your job duties. However, the Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for an employee with a disability. Therefore, if your employer fires you when you can perform your job duties or fails to make reasonable accommodations, it could be a wrongful termination lawsuit.

Retaliatory Termination After Filing for Workers’ Compensation

Even though an Arizona employer can fire an at-will employee without providing a reason, it could be a wrongful termination if it is in retaliation for applying for workers’ compensation benefits. Workers’ compensation insurance is a no-fault system. Even if an employee causes an accident at work, they can receive workers’ compensation benefits if they qualify for workers’ comp.

What Is Wrongful Termination in Arizona?

Arizona Revised Code §23-1501 defines wrongful termination as firing an employee in:

• Violation of an employment contract
• Retaliation against an employee for exercising their civil rights
• Violation of a state statute, federal law, the Arizona Constitution, or the Civil Rights Act

Employers will claim they had a valid reason to fire an employee or were within their rights under at-will employment laws to terminate an employee. They will not admit they terminated the employee for reasons that would violate the employee’s rights or the law. Therefore, the employee needs evidence proving the termination violated the law.

What Can an Employee Do if They Are Fired After Causing an Accident on the Job in Phoenix, AZ?

If you are fired after causing an accident at work, talk with an employment lawyer. An attorney can review the circumstances surrounding your termination to determine if your employer violated one or more laws. Because there are deadlines for filing claims against employees, it is wise to speak with an attorney as soon as possible.

For example, you only have 180 days to file a claim for wrongful termination with the Arizona Civil Rights Division. The deadline for filing a Claim with the U.S. Equal Employment Opportunity Commission (EEOC) is 300 days. State law sets a one-year deadline for filing a breach of contract lawsuit for wrongful termination.

Gather as much evidence as possible to provide to the attorney. Evidence includes, but is not limited to, performance reviews, letters of termination, employment records, names of witnesses, emails, memos, and other documents related to your job or termination. The more information you can provide to an attorney, the better for your case.

What Damages Could I Receive for a Wrongful Termination After a Workplace Accident?

A wrongful termination claim could entitle you to damages for the losses and harm caused by being wrongfully fired from your job. The types of damages you could receive include:

• Loss of employment benefits
• Medical expenses, if applicable
• Back pay and lost wages
• Counseling costs
• Diminished earning capacity and loss of future career opportunities
• Emotional distress and trauma
• Attorney’s fees and court costs, if allowed by statute
• Expenses associated with searching for a new job
• Pain and suffering

The damages received for wrongful termination depend on the factors of your case, including the reason for the wrongful termination claim. Some laws specify the types of damages you can receive for a wrongful termination claim.

Steps to Take After a Workplace Accident in Arizona

You should report the accident to your employer and seek medical treatment for your injuries as soon as possible. You may be entitled to workers’ compensation benefits, including medical treatment and loss of income benefits. Keep detailed records of all communication with your employer regarding your accident and injuries.

If you believe your employer violated your rights by terminating you after an accident at work, talk with an employment lawyer. An attorney can evaluate your case and advise you of your legal options for pursuing a claim for wrongful termination.