A Guide to Maximizing Your Personal Injury Claim

Accidents can happen to anyone and anywhere, and many of these often result from the actions of a negligent party. When you’re injured in one, you have the right to hold a person or entity liable for damages and get compensated. It should be a straightforward process if you know you’re the victim and it’s clear that the other side directly or indirectly caused the injury.

However, there’s a lot you need to prepare for when you file a claim. Keep in mind that winning shouldn’t be your only goal. You will have to make sure you recover enough money relative to the amount of suffering you’ve endured.

It matters to know how you can increase a payout that’s more than enough to cover your immediate medical bills and long-term needs. The other side will put up a fight and dispute your claim in an attempt to deny accountability, lower your compensation amount, and have the court throw out your claim.

While it’s possible that you can file a personal injury claim by yourself, you shouldn’t expect a smooth process and fair compensation if you do. For this, the following tips should lead you towards the kind of outcome you deserve:

1. Get Timely Medical Attention

Even a simple fender-bender could cause significant injuries that may only manifest days or even weeks later. Medical treatment is needed immediately following an accident, regardless of its severity. Aside from fractures and visible ruptures, you should also get treated for underlying injuries that could worsen over time.

Not only will this help you recover faster, but it can also establish causality. You will want the court to believe that all the injuries you sustained were caused by the other party. On the other hand, delayed medical attention will have the other side dispute your claim and point out that these injuries were caused by other factors.

Your priority in the aftermath of an accident is to get checked, even for the smallest gashes and bruises. Doing so will help you secure a medical record establishing the relation between these injuries and the actions of the other party. This record will be admitted as evidence not just for establishing liability but also for calculating the total compensation amount you’re entitled to.

2. Gather Quality Evidence

Part of the process of filing a personal injury claim is making sure all the facts and details are in order. Your success will be determined largely by the quality and volume of evidence you present, so you must collect concrete evidence right away. In the case of a car accident, take photos of the scene after you’ve ensured your safety.

Capture your injuries and damaged landmarks around the area. Skidmarks may also help in proving the other party’s fault. You may also obtain a police report and testimonies from witnesses, both of which are essential in building the credibility of your claim.

Evidence can also come in documents that show how the injury affected you financially and emotionally. You should be able to obtain receipts that show how much you’ve paid out of pocket for your hospital bills and medication.

Present financial statements showing how much you’ve lost in wages that resulted from a lengthy hospital stay. The emotional impact of the injury should also be included, as you need to be compensated for the trauma it has caused and other conditions it may have triggered. Aim to present as much relevant evidence as you can to guarantee a sure victory.

3. Get the Right Kind of Lawyer

Considering how complicated a personal injury case could get along the way, having a legal professional by your side should help relieve you of the hard work that goes into building a strong claim.

However, personal injury law is too broad a field that encompasses everything from car crashes to medical malpractice. There are lawyers and law firms that practice as generalists, but you can increase your winnability if you get a lawyer who has had a proven track record in dealing with the kind of case you’re facing.

If you were in an accident while riding an Uber in Fort Lauderdale, for instance, you might think any local personal injury lawyer is worth checking out. Then again, you’re in a better position to demand a higher payout if you have a Florida Uber accident lawyer representing your side.

The uniqueness of your claim requires specific expertise, and such a lawyer should give you peace of mind. When you’re looking around for legal help, dig deeper until you find a practitioner who understands the complexities of your claim and will do whatever it takes to help you win big.

4. Be Cautious When Negotiating

Throughout the claims process, your insurer and that of the other party will investigate further. Insurance adjusters will be sent to assess the extent of your injuries and damages and calculate the estimated compensation amount you will receive. As you enter into settlement negotiations, the other side may present an amount you think is large enough to cover your losses.

While you might be tempted to accept the offer and move on, your lawyer may talk you out of it. Insurers aim to reduce your total payout, offering to settle with an amount that’s significantly lower than the actual losses and damages you sustained.

They do this by disputing the evidence and insisting that their side isn’t liable. To do this, they will resort to monitoring your social media activity and reaching out to you without your lawyer’s knowledge. On top of that, they will try to complicate the claims process even further, allowing negotiations to slow down until you’re forced into accepting a low offer. Whatever happens, always consult with your lawyer first and be careful when sharing details about your claim and any other information that the other side could exploit.

5. Proceed to Trial When the Timing is Right

Personal injury claims can be settled quickly out of court when both parties acknowledge the need to move on. However, there are some cases when no settlement is reached, prompting the need to undergo a trial. It’s not the best scenario, considering how lengthy, time-consuming, and costly a court battle could get. Then again, it might as well be your last resort when the right factors fall into place.

For the most part, if the other side keeps disputing their liability and using delaying tactics to exhaust you, a trial could be your best weapon to get them to yield. So long as you have all the best evidence on your side and you’re represented by an experienced lawyer, your victory is assured. Eventually, the other side may agree to your terms or at least opt for a mediation as an alternative route.

Endnote

Being a victim of someone else’s negligence, you’re entitled to a compensation amount that covers more than just your physical injuries. By keeping these tips in mind, you can live the rest of your life in peace and security.