Many times, you don’t even realize that you have a fair claim to any personal injuries unless a legal representative explains it to you. If the damage is severe, opting for compensation can help you get proper treatment in a well-to-do healthcare facility, thus speeding your recovery.
About 96% of personal injury cases are settled outside the court. However, you shouldn’t accept a lower compensation amount, just because you want to avoid the hassles of going to court. If you’re eligible for a fair trial, you shouldn’t let go of this chance at any cost.
In this guide, we’re going to explain what you should and what you shouldn’t do to increase your chances of getting fair compensation for personal injuries.
Stay in touch with your doctor
The first step to claiming a fair compensation amount is getting an idea about the nature and extent of your injuries. If you’ve had an accident, because of the driver’s negligence, you should have a concrete idea about the type of claim you’re eligible to make. Your doctor will be able to help you with that.
Some injuries may take longer than others to reveal symptoms, and every injured person gets two years to place a claim for compensation. During this period, you should be in constant touch with your doctor as well as your attorney. That way, you will be able to document all the medical and some additional expenses.
Keep a note of all your symptoms
Don’t leave any information out while visiting your doctor. Keep a record of all your symptoms and narrate the same to your doctor. Explain the difficulties you’re experiencing in your day-to-day activities in clear, concise terms.
For example, if you’re suffering from back pain after the crash, explain it in detail like it’s preventing you from sitting at your desk for long hours or bending and unloading your washing machine. It will help your physician to analyze and document your case correctly, which you may need to present in the court.
Analyze your losses and maintain documented evidence
Besides medical symptoms, you may even suffer from a loss of income during the recovery phase, or your personal life may get hampered. Keep a journal and write those down to help your attorney develop a strong case.
When it comes to compensating for personal injuries, quality of life is a significant factor to consider. Even if you’ve missed your daughter’s birthday because of your injuries, you should write it down. It will help the jury properly assess the impact of the accident on your personal life.
Decide on the type of settlement you want
You should discuss the kind of agreement you want, depending on the extent of your injuries and the period of recovery, with your attorney. Justin Kimball from Preszlerlaw-ns.com says that if you’ve won a settlement from a personal injury lawsuit, there are several ways that you can receive your money, including something called a structured settlement.
Some of the fantastic benefits of a structured settlement regarding a catastrophic injury are the financial security it offers over the years, lesser chances of mismanagement, its flexibility, and tax-free nature. A structured settlement is a win-win situation for both the insurer and the plaintiff.
Are there any witnesses? Track them down
If there are any witnesses to the accident, which left you injured, you should ask your attorney to track them down and get their addresses or phone numbers if possible. Once your case goes to court, you may face enormous difficulties finding them.
Generally, the police are responsible for creating the list of witnesses, but if the accident isn’t too complicated, they may not do that at all. However, if your attorney goes that extra mile to get some witnesses at your back, you can raise a fair claim to the insurance providers, who won’t be in a position to deny it.
Don’t be late in filing your case
The Statute of Limitations is the deadline for filing a personal injury case, which extends to two years from the date of the accident. It’s advisable not to miss that deadline, as you may not be allowed to pursue a claim after the specified period.
Talk to an experienced lawyer beforehand to get your case ready to be presented in the court within the deadline of two years. In most cases, there is enough time to calculate the expenses as well as to anticipate the full potential of the injury.
Don’t make a statement without your legal representative
Suffering from a severe injury can impair your logical reasoning, but you shouldn’t do anything in haste. Yes, you can file a police report, but that’s it. Don’t go about telling everyone that you’re to blame as well for the accident. It may cost you the chance to receive fair compensation for your medical and other expenses.
Be calm, and let your attorney handle the rest. After he/she explains the situation to you along with your rights to any compensation for personal injuries, you’ll be able to file a proper case and get fair compensation. So until your lawyer arrives on the scene, it’s better to focus on getting yourself treated.
Don’t accept the first offer of the insurance provider
In the case of an out-of-court-settlement, it’s unwise to take the first offer of the insurance provider, which is generally quite low. It would be best if you discuss with your attorney to decide a minimum settlement score beforehand so that you won’t be fooled into accepting whatever the insurer offers.
At the beginning of any negotiation, you should carefully analyze the first offer and see if it’s reasonable. If it appears so, you shouldn’t agree to the offer right away but make a counteroffer, which is lower than your initial offer but more than the minimum amount you have in mind. That will give out the message that you’re willing to compromise.
In the case of raising a claim for personal injuries, it’s unwise to go ahead without the help of a legal representative. It will minimize your chances of getting a fair amount from the insurance providers. You shouldn’t even make any statement without discussing it with your attorney or post anything on social media.
Yes, you can take pictures of the injuries you’ve suffered or damages to your car, in the case of an automobile accident to back your claim. Whatever you do, remember that a single mistake can weaken your case and reduce your chances of reaching a fair settlement.