- Knowing whether or not you have a valid personal injury claim can be difficult to determine. Many times the person or business that caused your injury will try to convince you that your claim is not valid. If you believe that were injured due to someone else's negligence, then under the law you have the right to request reasonable compensation for your injury, from the person or business at fault.
- Keep all medical records. If you were hospitalized, or needed emergency medical treatment, records showing the type of care needed, as well as the cost to you, can have a significant impact on your claim. If, on the other hand, your injury did not require immediate treatment, you will need to have a doctor evaluate your medical condition. If possible, ask for a written statement describing the condition, cause of the condition and expected outlook for recovery. If a doctor can connect your current condition with the event that caused it, this statement can go a long way toward helping to validate your claim.
- If you were involved in an accident, ask any witnesses to the event to write or give statements regarding what happened. If others witnessed your accident and can give information as to where, when and how it took place, this can help you to prove a valid claim in court. If your medical condition did not involve an accident, but was related to medical malpractice or some other form of negligence, gather as much information as possible about what happened to cause your injury.
- If you know what caused your injury, and you can show that it could have been prevented, or that it occurred because of another person's negligence, a personal injury claim can generally be substantiated. Gather as much information as possible to show what should have been done, but wasn't done. In cases involving auto accidents or other events that caused a sudden injury, examples might be: a driver failed to stop at a red light, a pet owner failed to restrain his animal, or a store manager failed to ensure customer safety. In cases of medical malpractice or negligence, documenting how medical staff was at fault can also be important to substantiating your claim. Examples could be: a physician who deviated from standard practices, a pharmacist who gave you the wrong medication, or a nurse who failed to check your chart for allergic conditions.
- Talk with a personal injury attorney. There are many reputable attorneys who will take your case without charging you an up front fee. If an attorney believes that you have a strong case for a personal injury suit, he will often not charge until after the case is settled. An attorney can also assist you in gathering the evidence that you need to validate your claim.
