Maximizing your compensation is crucial to overcoming an injury and getting back on your feet. The key is amassing strong evidence and providing accurate and thorough descriptions of your damages.
For example, your medical records and statements from friends and family can paint a full picture of how your injuries impact your life.
Document Your Injuries
Immediately after an accident, you likely have a lot on your mind. Finding medical care, filing a claim and collecting evidence may not be your top priorities, but taking these steps as quickly as possible is important.
Detailed record-keeping can help establish a clear connection between the accident and your injuries. This could include photographs, witness testimony, receipts for out-of-pocket expenses, a diary of your symptoms and more. Your medical records are essential evidence in your case. If the opposing party disputes your symptoms or claims you are exaggerating, your current and previous medical records will prove that you suffer from these conditions.
Noneconomic damages such as pain and suffering can be harder to quantify. Still, evidence like a symptom journal, psychological evaluations and testimonies from loved ones can help bolster your claim. It is also important to consider how your injuries will affect your future. This can include the impact on your job prospects, the cost of ongoing treatment and how your lifestyle will change moving forward.
Negotiate
Winning a fair settlement can be difficult because personal injury laws are complex, and there is no formula for determining a claim’s worth. An experienced injury attorney will assess your damages, including past and future medical expenses, lost wages, and pain and suffering. They will also be able to help you determine how the accident or incident has impacted your life, including noneconomic damages.
Insurance adjusters will typically begin negotiations with a low offer. This is a tactic used to see how patient and determined you are. It’s important to remain calm and not let this derail your negotiation efforts.
During the negotiation process, your attorney will advise you against giving recorded statements, which may be detrimental to your case. Remaining composed will show the insurance adjuster that you are not easily swayed or intimidated. In addition, your attorney will be able to point out any inconsistencies in the insurance adjuster’s account of the accident.
Talk to a Lawyer
When selecting a lawyer to partner with, you must find someone with whom you have a good rapport and feel comfortable sharing your details. You can get an idea of a potential attorney’s personality, professionalism and expertise by talking to them and reviewing their website.
Avoiding posting about your case or discussing it on social media is also a good idea. The other side is looking for anything they can use as justification to reduce your settlement, and this may include pictures or comments about your accident that paint a different picture than the one you are claiming.
It is also important to keep all your medical appointments and not skip any. Missing appointments will not only give the liable party ammunition to deny your claim but also make it difficult for you to recover.
Gather Evidence
There are many different types of evidence that you and your attorney will need to build a strong case. The most important evidence is physical proof that supports your claim, such as photographs taken at the accident scene or any video footage from traffic or surveillance cameras in the area.
Other forms of evidence include medical records, receipts for prescriptions and other expenses, test results, and doctor notes. You should also keep track of your missed work, if applicable, to help you prove lost wages.
Your attorney will want to gather statements from anyone who witnessed the incident and has information that could be helpful for your case. It’s best to do this as soon as possible since memories fade. Your attorney may also use discovery in a lawsuit to obtain relevant documentation from other entities. It’s also wise to refrain from social media postings, as insurance companies will likely view them as incriminating and lower your compensation award.