Once you have decided to file a personal injury claim, it’s certain that you will take all your efforts within your capability to increase the potential compensation. If you are looking for a Carmichael car accident lawyer, you likely understand how vital it is to maximize your claim. Though it is quite common to expect compensation for all your losses, insurance providers often try to reduce the payout money in a settlement.
If you look for tips that would help in increasing the personal injury settlement after an accident, then you can find it in this guide.
- Document the Accident
The case may totally fail, if there is no sufficient evidence to stand by the side of the claim. Hence you should make yourself involved in documenting everything as this will help you in claiming the settlement that you wish to. You may consider taking photographs of the scenes, take down the image of vehicles or any instruments, note down any contact information and do all those possible efforts to preserve evidence.
As the injured person is committed to prove his side, he needs witnesses; photographs of necessary aspects and this may go a long way in the case. Moreover, you can’t overlook the importance of an early investigation that is carried by a personal injury lawyer. This necessitates proper documentation related to the injury for maximum claims and to facilitate that. This makes it more crucial for those cases that involve complexities.
- Gather necessary Evidence
Evidences are the pieces of materials that would be presented in the court on filing a case. They are the things that will need to convince the juries of the judges and the jury of the bench to prove the facts of the case. Though you can present the evidence in many forms, still the preferred one by the court is physical evidence. If you have strong evidence, it helps in reaching an agreeable decision as soon as possible.
The legal team will have an investigation which will be relating to assessing the liability and damages to you. By gathering and preserving the evidence that is possible, you can contribute to the efforts of them.
Some of the kinds of reports that would be expected from the plaintiffs for the court, if you file a case are:
- Medical Bills
- Witness Statements
- Police Reports
- Medical Records
- Policies and Regulations (in scenarios where the claim may pertaining to a workplace)
It is also good if you can collect the information about the accident that includes the following:
- Place of accident
- Date
- Time
- Parties involved
- Injuries happened.
If you find police are there at the scene of the accident and are making a report of it, ensure that you get a copy of the report as soon as you can. If you have been injured due to a defective product in the accident spot, do not throw it away. Preserve that product, so that it may be taken into trial if needed.
- Look for Witnesses if any
The statement of witnesses will be very helpful to augment the chances of increased claims for personal injury cases. With witnesses you are able to strengthen your side of things, even if they can give you the first hand information. This can be used by you to find out where the real fault lies.
However, remember that those persons who haven’t actually observed the scene but witnessed after the consequences have the probabilities to attest that you looked legally hurt.
The part of a witness may go a long way in the settlement of the claim in the personal injury case on helping your side to maximize the potential. Statements from witnesses are considered as essential pieces of evidence which will be used against the defendant for settling out the compensation. Almost all those parties who found to be connected to the case with their presence at the accident scenario may help through their testimony.
- Get Medical Treatment
All those treatments and records that are related to the accident can help you in the case as well as claim. By visiting a doctor and getting your necessary first aid or medical treatment would help in having exact images of the injuries. The assessment of a doctor has its significant part in the case.
It is greatly recommended to visit the doctor and get your medical assistance as soon as possible. This becomes further important when the accident happens due to the negligence of another person. No matter even if you have minor injuries, you seek medical attention. The doctor is the right person to do the determination regarding the extent of injuries. It is always suggested to seek medical care immediately after an accident. You shouldn’t make any delays. This may turn out to be a favor for the insurance company as they can use the delays.
- Get the help of experts if When Needed
In order to precisely validate your claim and help you in increasing the potential of getting desired and higher compensation, it is advisable to work with an expert. The experts can help in gathering the proofs that would be supporting your statement in the personal injury case.
A crucial part in assessing the claim amount in a personal injury case is identifying the individual’s injuries sustained in the accident. You should have to bear in mind that most primary care physician centers will not be equipped with specialist care that you need. In cases of injuries such as neck or back injury, you need the assistance of an orthopedic surgeon. For kinds of closed head injuries, you need medical help from a neuropsychologist or a neurologist. If you find the injury is more serious then you shouldn’t fail to involve an expert. This will not only help to accurately diagnose the problem, but also help in recovering soon. Those cases where you need specialized testing for diagnosing the injury do it without any delays.
- Know the kind of Case that you deal with
Most personal injury cases deal with the situation where a person suffers an injury due to the negligence of someone else or in cases it may be a purposeful act. Although most of the time such personal injury cases will be settled without a formal lawsuit, however, sometimes they may go to trial. There are different types of cases where personal injury cases come in, can be car accidents or medical malpractices, Product liability, Nursing home abuse etc.
Some of such may be common and damages can be at minimum. However, some other cases may involve millions of dollars and hundreds of parties associated with the claim. Even dog bites come under personal injuries that may leave the injured with psychological scars, huge medical expenses and even permanent physical damages.
- File Your Personal Injury Claim
It is very essential that you file the claim as soon as possible after the accident has happened. As most insurance providers give a restricted time span after the accident, it is crucial you respond after the crash without delays. The intention behind the claiming is that you make the company that you have been injured by one of the insured drivers. You can either make the claim through online or by mail or phone, it depends on the company.
Based on the situation, you may have to file a claim with both the insurance company and also with the insurance company of an individual who is at fault. If in case you are uncertain about the process, you can approach a lawyer for assistance in deciding whether both the insurance companies are legally responsible for settling the compensation for the claim. If you can react and act efficiently and quickly, then you increase the probabilities of resolving the claim faster.
- Have a rough idea Your Damages and Demand Compensation
After you have obtained the Reservation of Rights letter, now is the time that you have to submit a demand letter. If you are thinking about when it should be submitted, the probable answer is ‘it depends on the case.’ Often it is recommended to wait till the person has recovered completely. This will help to identify the accident-related losses and expenses, precisely.
The demand letter typically will cover what has happened, available evidence to support the document, and with the demand which is right for compensation. It would be good and recommended to mention the information in detail as possible regarding the injuries and costs incurred to the person injured. Provide details about all the costs pertaining to medical care, nursing care, disability if any, rehabilitation, loss of wages, and any property damages and calculate the costs.
- Identify All Liable Parties
Identifying all the liable parties involved in the injury claim is important as it will help in receiving a reasonable compensation for the injuries. Irrespective of the type of the accident, only injuries that involved a liable party are considered as valid personal injury claims. On identifying all the potential defendants liable for a personal injury, it needs certain aspects for investigation. If anyone has failed to give the due care, then they may be considered as the one responsible for the injuries that occurred.
Most cases will involve more than one liable party. It becomes important to identify all the liable parties related to the accident, thus can maximize the compensation of injured.
Each defendant in the accident will be liable for the percentage of losses which will relate to their percentage of fault. If, in case, two parties seem to be liable for the accident, then the chances are that each found to have necessary coverage for paying for the losses.
- Don’t jump into Settlement Negotiations
Even if the insurance is trying to resolve and settle the claim quickly, don’t accept the first offer. It is very normal for the one who has met with an accident to feel distressed and will be in need of money. However, if you get compromised with the initial offer, it may lead to a lot of money loss. The Adjusters may attempt to do all kinds of methods which can help them in finishing the settlement for a smaller amount.
Don’t show any rush to settle the claim for the compensation approved by the adjuster. Try to hold out for every penny that you rightfully deserve for the compensation. It is not advisable to accept the first offer of the insurance company and if in case you do that, you will be pushed to sign a waiver. This waiver may eliminate the possibilities of getting any additional compensation related to your accident. At the end, you may have to leave up the claim with the limited amount of money that the insurance company offers for you.
- Have a good impression
Remember, the assessors or judges will tend to make a judgment with what they have listened to and observed in the trial. It may become the case that the claim be settled based on the impression that you make. Hence you should have the right idea and make needed activities to be smart and respectful. Even small things can go in creating sympathy for the other side and help in settling down with a fair deal of amount.
If it is needed to come to a settlement offer, make it with the right explanation for the amount and why you claim that the amount given is unreasonably low. Show politeness in your response and create good impressions. Give an explanation on which made you look into the claim as unacceptable and let the insurance company know that you are a strong case.
- Explain Your Side Case Properly
If you are going to trial, then you should invest in the necessary time and effort
for properly preparing for the case. This is highly important as it will help in maximizing the chances for fair personal injury settlement. Have all those documented materials in order to make the case strong. This will help in producing a good deal of settlement as the other party will be pressured.
Don’t ever try to admit that you have the fault for the accident, even if you have suspicion.
Make sure you are adhering to only the verified facts in the case. If you are going to have the conversation with involved parties or police officers or insurance companies, don’t try to give any apologies for the accident. Be honest and don’t be in the state to offer any information unless it is not necessary. If you admit the fault, then it will lessen the compensation. Let the investigators find out the cause of an accident.
- Follow Orders of your doctor
It is very important that you follow the orders of your doctor not only for speedy recovery, but also for proving that you are committed to get recovery soon. Moreover, if you show negligence in following the instructions of the doctor, it may tend to create a feeling that you haven’t taken the injury seriously.
In addition, if you fail to take proper attention in terms of medical care in a timely manner, it may lead to disputes. You may also have to face complications as you have postponed the treatment. You have to face the juries and bear the loss if they cross examine your case and find that you haven’t adhered to the instructions of the physician.
- Don’t Make Yourself Deal With Insurance Provider Directly
Insurance companies seem to be too smart when they handle claim cases. They can go to any extent to settle the case and hence may try to deal with you personally one-on-one to you. But here we want to notify you that you should never deal with the insurance directly. You can’t expect the insurance provider to have the care for your case and they will always tend to settle the offer as quickly as possible with the lowest amount.
Even if the insurance company contacts you, deny speaking to them. Make them informed that all the messages and communications be handled with your personal injury lawyer. You have to avoid speaking to the insurance company directly till you have hired an attorney and have the conversation regarding the case.
- Avoid social media
Be very cautious about your social media posts and remember they are watching. You can’t deny that it is easily possible to make a document of everything in your life from social media. So, it is good if you avoid any posts related to your personal injury. It is recommended to better review your privacy settings and make the necessary changes.
The other side who is trying to avoid high payment of compensation is having sharp eyes on every action of you. The posts or comments on any of your social media accounts may overturn your case and reduce the chances of getting a fair settlement. It is one of the crucial actions from your side needed to stay away from social media and not to post anything related to your case or condition till the case is settled in a good way.
- Decide on how Much You Willing to Settle For
It is always appreciated and good for the deals to have a tentative amount of compensation in your mind before you are ready for any negotiations. You can discuss with a lawyer and get his support to obtain an idea on the strength of the case. This will help you to get a good figure on how much compensation you can claim or expect from the settlement.
It is very normal from the insurance company side to start the settlement process with the least amount possible. However, you should be in the ideal manner to give a counterfeit offer based on the extent of your injuries. You should be clear and very serious about recovering from the losses that you have suffered with a meaningful settlement offer.
- Be Honest About your Injuries and Accidents
Honesty is best everywhere, and now with your personal injury case too. You have to be entirely straightforward in all the aspects related to the case, and this includes your injuries and suffered losses. It is not a good practice to exaggerate anything for good. You have to keep in mind that the defense side would have hired someone to watch out and monitor all things about your claim.
Hence if you hide anything or overstate, it will be surely revealed during the trial. This will tend to weaken your side case and finally may bring impacts on the settlement.
- Avoid Any Statements to the Insurance Company
If you have any serious injuries or if the opposite side company of you is expected to face significant exposure, you can anticipate that the insurance may contact you. They will approach in order to get a recorded statement from you regarding the accident, shortly after the incident. Usually they will try to contact the personal injury victim after the accident happened and when they have been diagnosed with the injuries.
Remember giving a statement to your adverse company is never going to favor you in any aspects and instead, it may hurt your case. Since the statement is received immediately after the accident you may not be in the right position to make cautious words. Hence even your innocent comments or words can be perverted and may stand against you in the case.
- Continue all medical treatment
Don’t stop visiting the doctor and continue your medical treatment until you are declared to be discharged from the care. You should pay attention to the words of the doctor and continue the treatment plans as prescribed by him. If you fail to continue the treatment or leave a gap, then you give better chances to the at-fault party’s insurance carrier for denying the claim.
Insurance companies tend to make use of your delay in the treatment and use those things against you to pay a very low amount. Though it is a common problem found among the personal injury cases to have a lapse in the treatment scenario, still it is always considered as a red flag for a fair settlement.
- Hire an experienced Attorney
Since an accident is an incident that makes you emotionally weak, most often will not be in a position to make decisions on their own. Hence in those cases it is necessary to hire an attorney who is considered to have essential negotiation skills and can file the case on behalf of you. It is very important that you seek a trusted attorney for your personal injury so that he can help in maximizing personal injury settlement.
Use your diligence and dig into his experience, cases he handled and have a look at his verdicts and settlements in the past. It is also important to have a glance on his proficiency in handling personal injury settlement cases.
Adhere to the above steps, put in the effort to build a strong case for you and win over your claim for maximum compensation.