Upon deciding to pursue a personal injury claim, an individual should seek to do everything possible to receive the maximum potential compensation available. In order to achieve a full recovery after an accident, the claimant needs adequate finances to do so.
The steps a plaintiff takes after an accident are crucial to your lawsuit. Understanding the aspects of the case that are within the claimant’s control can help in the process of obtaining the maximum amount of compensation possible. Below are ten tips for maximizing compensation in a personal injury lawsuit.
Preservation of Evidence
Evidence will be presented to jury members who will decide the case. The strength of the evidence in a case will help determine whether the other party will offer a decent-sized settlement amount to keep the case from going before a jury. Preserving evidence can increase the odds of winning a case or getting a larger settlement.
Some pieces of evidence that need to be preserved are pictures taken of damage and physical injuries at the accident scene. It’s also important to gather contact information at the scene from all witnesses. In addition, get a copy of the police report as quickly as possible.
Obtain Medical Treatment
It is crucial for a victim to be able to present an accurate assessment of the physical harm suffered in an accident. To do this, it will require documentation from physicians and health care professionals that chronicles all injuries and also gives the scope of a treatment plan. Having such documentation is a powerful incentive for the other party to seriously consider offering an adequate settlement amount.
Even if an accident victim is unsure at the accident scene whether medical treatment is necessary, this individual should see a medical professional anyway. Then, if the physician recommends specific treatment, the victim should follow the instructions carefully. Courses of treatment could involve physical therapy or sessions to help with post-traumatic stress and flashbacks.
Fully Value the Claim
Some accident victims mistakenly think they are only entitled to compensation for a single type of damage. However, there are a number of various kinds of damage that victims can suffer due to an injury.
For example, an injured party may be able to receive compensation due to the loss of a regular body function, as well as emotional trauma experienced. Compensation for these damages would be in addition to the recovery of out-of-pocket expenses.
Learn how to calculate your personal injury settlement here.
Don’t Appear Too Eager
A claimant can strongly feel the need to quickly get compensated financially after an accident. However, taking the first financial offer made by the other party could potentially thwart the goal of getting the maximum compensation possible.
The other party needs to be convinced that the injured individual will go the full distance to obtain the best recovery. To achieve this, sometimes it is necessary for the victim to reject the first few offers. During this process, it is highly recommended that an injured party work with an experienced accident injury attorney for proper legal guidance.
Explain the Insufficiency of an Offer
It is crucial that the other side understands the strength of a lawsuit, or it may be impossible to get maximum compensation for the victim. If a low settlement amount is offered, the claimant should explain why it is not acceptable and also provide documentation to reinforce the assertion.
Remember to Include Future Damages
Losses and damages from a personal injury can extend far into the future. The injured person may not be fully recovered by the time the lawsuit goes to trial. Therefore, consideration must be given to include negotiations that will help cover future recovery costs in any settlement amount.
Future damages could comprise the bulk of a victim’s losses. This is one reason that an injured party should work with physicians and medical professionals to adequately document such losses for inclusion in the claim.
Build the Case
Methodically building a legal case can help maximize the amount of damages awarded even if the suit never makes it to the trial stage. Preparations such as serving the other side with discovery demands, requesting records, calling in experts, and conducting depositions are steps that a skilled attorney will perform. Without a strongly built case, the other side could only try to present very low settlement offers.
Don’t Delay Filing a Lawsuit
While the actual legal proceedings may take a long time, there are time limits for filing a lawsuit after an injury. For this reason, it is important to meet with an experienced attorney right away to discuss your situation. Once a case is filed, the official process of formally gathering evidence can begin.
Because evidence can be lost over time, filing a suit quickly can help ensure necessary evidence is preserved and also signals to the defendant how serious the plaintiff is in pursuing compensation.
Avoid Social Media
Many people do not realize that social media can work against them in the situation of a lawsuit claiming injuries. If a victim claims to have devastating injuries, yet shows a different story through postings on social media, this online evidence can completely ruin a lawsuit. It is usually best not to talk about the injury case with others until a settlement has been reached.
Make a Good Impression
Any settlement offer will be based on what the defendant believes a jury would decide at trial. Juries judge by what they hear and see during the trial. So, a claimant must present himself or herself very well.
This involves being respectful, polite and looking one’s best in court. These may seem to be of little significance, but they can be the reasons why the other party becomes convinced that a jury will side with the victim. In creating these thoughts in the minds of the opposing party, the result can be a larger, more substantial settlement offered to the victim.
Have You Filed a Lawsuit and Need Funds For Medical Bills?
Many personal injury plaintiffs find themselves in difficult financial situations as they either wait for a settlement to be offered or processed. During this time medical bills, legal fees, and other expenses will begin to rise.
The Legal Funding Group offers settlement loans and lawsuit cash advances for plaintiffs looking for financial stability. Contact us today to learn more or apply for lawsuit funds online.