Accidents can happen at any time, but handling the legal aspects of a personal injury claim can be complicated and confusing. Once you decide to file your injury claim, you should do everything to increase the chances of compensation.
Typically there must be a negotiation with the other side’s insurance company. Filing a personal injury lawsuit is just a step towards your ruling. However, the possibility of your case reaching an out-of-court resolution could happen at any time. Here are seven ways to maximize compensation in your injury claim.
The jury will make a final decision on your case by looking at your evidence. The other party will also decide whether to give you a fair settlement based on the strength of your case. Basically, the more you can preserve your evidence, the greater your chances of winning your case.
Immediately after an accident, you should take photos of the accident scene if you can manage it at that moment. It is essential to know any witnesses around and take their contact information.
Moreover, you will also need to get a police report as soon as possible. This police report can guide your attorney to collect detailed witness statements and to file a case.
Get Medical Treatment
You should seek medical attention immediately if you sustained severe injuries. Even though you may feel like you are well after the accident, there is always the risk of internal injuries.
Do not address any medical claims yourself before you meet a medical expert. Therefore you need a thorough medical examination and a report of the same in case of any injuries.
Usually, if you fail to get a medical report immediately after an accident, it may significantly reduce the damages recovered. You may have a duty to compensate your losses as an injured party. Therefore, it is your duty as the harmed party to ensure that injuries do not cause future damages or economic losses.
Be Cautious When Dealing with Insurance Companies
Dealing with insurance companies may sometimes make the legal process more complicated in a personal injury claim. But then again, you must work with insurance companies for you to complete your lawsuit successfully. Try as much as possible to protect your interest when dealing with any insurance company.
Alternatively, it is advisable to retain the services of an experienced lawyer who has dealt with such a case at one time for advice on insurance companies. Even though it can take longer for an insurance company to compensate, you can get it back with a better offer.
Emphasize Emotional Points
When negotiating, don’t bother to go through all the facts again. You need to emphasize the most vital points in your favor. For instance, that the insured was clearly at fault for the accident, that you had an intensely painful injury. And also spent a lot of money on medication and that you had permanent damage or disability.
However, mentioning any emotional points may help if you have actual evidence to refer to; it may be a photo of a severely smashed car or intense injury photos.
Emphasize if your injury interfered with the ability to feed your family, mention that your family suffered as a result.
Have a Settlement Amount in Mind
You should make a summation and have in mind what your claim is worth, then indicate it in your demand letter. Before speaking to an adjuster, you should come up with the least settlement figure you can accept. This figure will guide you when you have pressure negotiating, but you should not reveal it to the adjuster.
However, you don’t have to cling to the figure you set since the adjuster may reveal some facts you had not considered weakening your claim. Therefore you have to lower your figure slightly, but if the adjuster starts with an offer near your minimum, you may decide to revise your amount upward.
Do Not Sign Any Forms Without Understanding Them
Ensure that you are conversant with any forms or documentation concerning personal injury that needs your signature. Therefore you should not sign any documents if they might affect your case.
You should be keen, especially on documents asking you to release the other party from liability or that might prevent you from getting a fair trial.
You may be reluctant to settle your claim, but there is a risk in going to court. There is always the possibility of the defendant winning the case rendering you helpless. But then, having out-of-court settlements means you will receive compensation more quickly. Most adjusters are willing to offer you a hand if you are polite, reasonable, and speak your mind.