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In most cases, someone who has just been seriously injured will call an ambulance and seek medical attention. After addressing their medical needs, the next step would be to seek an attorney who can help them determine whether or not they have a claim. It’s important to understand that just because someone has sustained an injury, does not mean that they have a claim for damages.
There are two components to every personal injury case: liability and damages. Liability means establishing that someone other than the injured party caused the injury. If the injured party was at fault for their own injury, then they would have no one to sue and no way to receive compensation—regardless of how injured they may be. In some cases, establishing liability is very easy, and in other cases it can be very difficult. Once liability has been established and there is evidence that the injured party is indeed injured, the two components will have been established and the case will proceed from there.
Once the at-faulty party can be identified, they have to be put on notice that a claim will be brought against them. An at-fault party could be a driver, property owner, or the owner of a business. The injured party’s attorney begins gathering evidence, including taking statements from witnesses, securing medical records, and determining potential sources of video footage.
It’s important for a person to seek medical treatment as soon as possible after an injury. In part, this is because delays in seeking treatment will give the defense, insurance adjusters, and a jury the opportunity to question why the alleged victim waited to receive care if they were truly hurt. Unfortunately, many people don’t seek immediate treatment because they don’t immediately realize how badly they have been hurt. Rather than go to the hospital, they might take some Advil and wait to see if their symptoms improve. They might not want to miss work or lose wages while receiving treatment. However, being able to show that medical care was sought right away is critical to winning these cases and ultimately receiving the compensation that’s deserved.
For more information on Steps To File A Personal Injury Claim In NJ, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 208-3650 today.