After you have decided to move forward with a personal injury claim, your main goal is to take all actions necessary to enhance the chances of securing as much as you can for your settlement. You want your personal injury settlement to be as fair and reasonable as possible so it completely covers your medical costs for any and all injuries you sustained during the accident.
There are steps you can take to help ensure you receive maximum compensation so you can walk out of the courthouse satisfied.
Under the supervision and advice of your attorney, here are some ways you can bolster your chances of getting all that your case warrants for your payout:
File Your Case As Soon As Possible After the Incident
Following an injury in an accident you were involved in, the clock starts ticking for when you must bring your case. You’re advised to bring your case expeditiously so you don’t risk having time run out. Once the statute of limitations expires, you may not be able to recover anything. A distinct advantage of filing your case is it permits you to start formally gathering evidence.
By beginning to collect evidence, you can immediately move to preserve the evidence, and it sends a clear message to the opposing party that you are serious about receiving a fair recovery and moving the case through the courts as fast as possible.
Build Your Case
Take the initiative to carefully and thoroughly build your case so you can maximize your damages. This is a good idea even if your case doesn’t proceed to trial. Building your case encompasses serving discovery demands to the opposing party and requesting your attorney conducts depositions or request records. Your case might require that you be seen by several medical practitioners, and your lawyer might work with other expert witnesses to bolster your case.
By working diligently to prepare your case for trial, you exert pressure on the responsible party to submit a fair and just settlement. The opposing side is more likely to offer a lower compensation if they sense you aren’t serious about building your case and taking it to trial. Conversely, if they observe that your case is properly fortified with all the important elements for trial, you will probably receive a higher settlement.
Preserve the Accident Evidence
When it comes time for a verdict, the jury will be weighing the evidence. The opposing party will decide whether to offer you a reasonable compensation based on the merits of your case. So the more steps you take to preserve evidence, the more likely it is you will win your case.
Evidence should be comprised of photos of the accident scene and documentation of the injuries you sustained. Gather names and contact information of witnesses. Secure a copy of the police report, if there is one. This enables your attorney to follow up on this information as she collects detailed witness statements to prepare your case.
Seek Medical Treatment
It is your responsibility to give an accurate representation of the extent of your injuries emanating from the accident. In order to receive a just settlement offer, you need medical practitioners to document your injuries and develop a treatment plan. This medical documentation could persuade the opposing party to be forthcoming with a fair and reasonable settlement.
Be sure to seek medical treatment even if you aren’t sure about the full extent of your injuries. Follow to the letter any medical treatment plans, and this should include physical therapy and treatment for the consequences of your injuries like PTSD or flashbacks.
Evaluate Your Claim Thoroughly
Keep in mind that you are not limited to any one type of damages stemming from your accident. There are various types of damages you might suffer because of your injuries. It’s possible you won’t be aware of the full extent of your injuries, at least initially.
You are able to claim compensation for loss of certain body functions, as well as emotional damages. This compensation is on top of recovering your out-of-pocket losses. Your attorney will work closely with you to evaluate these categories of damages based on the circumstances of your case.
Document Rejections of Opposing Party’s Settlement Offers
When you turn down the other party’s settlement offer, you must explain in a detailed way why you are declining the compensation submission. Make sure to include relevant documentation and supporting details to substantiate your stance. This empowers your case when it comes to eventually receiving a higher payout and you show that your case is strong and capable of resisting inadequate settlement offers.
Consider Future Damages in Your Case
When you are in an accident, personal injury can bring losses that are immediate and well into the future. It’s possible you won’t even completely recover from your injuries prior to your case going to trial. It is important that you factor in your case the ramifications of long-term injuries when you negotiate a settlement amount.
You have the right to include future damages as part of your claim. Depending on your circumstances, your future damages could make up most of your losses. Consult with medical practitioners to carefully and accurately document all of the losses from your accident and include them in your claim.
Avoid Social Media
It is true that anything you say can and will be used against you in a court of law as the Miranda warning stipulates. This is why it is imperative that you stay off all social media platforms during your legal proceedings, and don’t comment on any aspect of your case.
Keep in mind the danger of your attorney presenting the facts one way and then you potentially creating a different version of your case on social media. Know that the opposing party will become aware of any and all posts you make on social media. Let your attorney be the sole spokesperson for your legal case.
As your attorney will no doubt advise you, avoid talking about any aspect of your case with anyone – including loved ones and friends – until a settlement is reached.
Roberts Jones Law Is Here To Serve Your Legal Needs During Personal Injury Cases
If you have been involved in an accident and there are multiple parties involved, you need the legal services from an experienced personal injury attorney from Roberts Jones Law. Our attorneys at Roberts Jones Law have the expertise and experience necessary to effectively handle multiple insurance companies simultaneously and to build a case designed to protect your rights and interests.
At Roberts Jones Law we will provide you with the guidance, care, and support needed to secure the compensation you deserve. If you have been injured as a result of someone’s carelessness, breach of duty of care, or deliberate act, you have rights under the law to seek compensation for your damages.
Trust the attorneys at Roberts Jones Law when you want legal services catered to your individual needs.
This article is for informational purposes only and does not contain legal advice.