10 Tips to Maximize Your Personal Injury Settlement
Follow these tips in order to maximize your personal injury settlement with the help of an experienced personal injury attorney.
Document Everything at the Scene
If possible depending on your physical condition, this is your chance to obtain the evidence that you will need to maximize your personal injury settlement. The burden of proof in personal injury cases will be on you, so document everything. Take pictures, keep notes of your interactions with the defendant, record the accident location, and get witness contact information. Some drivers have taken the proactive measure of buying an affordable dash cam in case of an accident so there will be video evidence to support a case against a negligent driver.
Make Sure There’s a Police Report
In “he said, she said” cases, it’s essential to involve an unbiased third party. You can file a police report after the incident, but it’s better to call them to the scene so they can record everything that happened first hand. It will be easier to recall everything that occurred immediately after the fact if you’re not in shock. If you don’t call the police, insurance companies may question how bad the accident really was if authorities didn’t get involved.
Don’t Speak to an Adjuster Without an Attorney
Adjusters will appear friendly and sound like they’re on your side, aiming to get the clearest picture of your accident. Their real goal is to pay the lowest amount possible to resolve your personal injury settlement claim. They are experienced professionals with a number of methods they will use to try and get you to admit some fault or lessen the impact the accident had on your life. Never agree to have a recorded statement without a personal injury attorney to support and advise you.
File Your Lawsuit ASAP
If you lag in filing your lawsuit, insurance companies may question how important the lawsuit is to your quality of life. It’s important to immediately contact a personal injury attorney about your personal injury case in order to begin figuring out your case. This will make it clear to insurance companies that a lawsuit is necessary in addition to allowing maximum time for your personal injury attorneys to prepare your case.
Document Your Day-to-Day Post-Injury
It’s vital that you’re both honest and accurate about your injuries in case you go to trial. Details are important to a jury, and the defendant’s lawyer will try and get you to confuse or misrepresent certain elements of your case so your claim appears fraudulent. Record-keeping is the easiest way to combat this tactic, and a thorough diary of your recovery will inform the jury of all the challenges you encounter post-accident. It will also be an important resource for you to use so you don’t get details muddled up by the proceedings, especially in the case of head injury.
Maintain Medical Appointments
Feeling better and getting better are two entirely different things. Maintaining your medical appointments isn’t just important to your health, it’s essential to your case. If you start to slack off, the insurance company may try to make the case that you’re being careless about your health and your own inaction is contributing to your pain and suffering. Don’t let your health or your personal injury settlement suffer– follow the doctor’s orders.
Have a Settlement Amount in Mind
This isn’t a situation where you write a number on a napkin and slide it nonchalantly across a desk, but agreeing to a minimum settlement figure with the help of your attorney will make negotiations easier from the get-go. This will give you firmer ground to stand on when adjusters start talking settlement numbers, as you’ll have your minimum range in mind. The adjuster may attempt a “take-it-or-leave-it” style offer to intimidate you, but with your minimum settlement figure in mind, there will be no pressure to acquiesce.
Allow Negotiation to Take Place
In personal injury settlement cases, your personal life can and will be used against you. Defense attorneys will be monitoring your accounts to look for inconsistencies in your case. Even something as simple as going out with friends can be misconstrued by the defense into a wild night out and a clear sign of minimal injury and rapid recovery. Don’t work against yourself and minimize your personal injury settlement by posting online.
Hire a Trial-Worthy Attorney
Most people don’t want their case to go to trial, but it’s better to be prepared for that possibility. Hiring a personal injury attorney with trial experience won’t just improve your chances in court– it may intimidate insurance companies into settling outside of court, rather than incur the costs of litigation. Avera & Smith has a team of experienced trial attorneys in Gainesville, FL that you can trust to stand up for you, your family, and your case.
If you have a medical malpractice case, you may want to read our 5 Tips for medical malpractice claims. If you have any questions, don’t hesitate to contact us.