Negotiating personal injury settlements after a personal injury can be stressful. Sometimes, insurance companies will make an offer that covers only a portion of your losses in exchange for allowing you to move on with your life.
However, there are several actions you can take to ensure you receive full and fair compensation once you’ve decided to file a personal injury claim. Whether you were injured in an accident due to someone else’s negligence or suffered a workplace injury, here are 8 steps you can take to maximize your personal injury case.
The moments after an accident can be imperative for gathering evidence for your claim. If you were in a traffic accident, for example, documenting everything about the scene can increase your chances of proving your case.
You can do this by taking pictures, gathering contact information from witnesses, and writing down a detailed narrative of what happened. In some situations, law enforcement may respond to an accident. Giving them a full account of what happened can also be used in your case.
An experienced San Antonio Car Accident lawyer can also help gather evidence by following up with witnesses and law enforcement, as well as evaluate other party’s claims.
Requesting a police report after an accident may also help strengthen your case. In some cases, police may determine fault in an accident. Other times, they may even pursue criminal charges in cases involving impaired driving, abuse, or negligence. Police reports are public records in Texas, so you are entitled to a copy of them.
Even if you are unsure about the severity of your injuries, getting yourself checked could reveal potential injuries that appear later. For example, head injuries and spine injuries that seem minor following an accident might worsen over time and diminish your quality of life long-term.
That is why seeking medical treatment right away is crucial to building your case and increasing compensation. Along with keeping track of medical bills, your doctor and care team can also provide documentation about the extent of your injuries and what course of treatment may be necessary.
Future damages, like medical bills, can even sometimes be worth much more than the costs of immediate losses. That’s especially true in instances where an injury may require treatment for the remainder of your life and prevent you from earning the same income you did before your injury.
For instance, if you fell and injured your spinal, you may be facing a long road to recovery. Your doctors can advise you on what future therapies or treatments you might require. Depending on your relationship with them, they may be able to testify or provide additional documentation that you can point to in your settlement or claim.
Detailed and meticulous record-keeping can strengthen your ability to negotiate a higher settlement amount and ensure you’re not leaving potential money on the table. This can be done by holding on and adding up the total cost of bills for medical visits, damage to your property, loss of past and future wages,
These are called economic damages, which are objective and verifiable monetary losses. If you were injured because of someone’s negligence, you might be entitled to recover these costs.
Now that you’ve tallied up your bills, other types of damages and losses are a little tricky to attach a dollar amount to. Nevertheless, they can also be included and impact the total value of your claim.
These are what are known as non-economic damages. Some common examples include pain, suffering, emotional distress, loss of enjoyment in life, lost sexual functions, and more.
One way to document these losses is to keep a journal of how you may be experiencing some of these symptoms after your accident. For example, you may want to include dates and times your mood changed, or no interest in previous hobbies.
Building a strong case can maximize your compensation even if your case is settled before going to trial. If you’ve followed the aforementioned tips, you hopefully have enough evidence to show:
A strong case can give you added leverage during settlement negotiations. If an insurance company, for example, knows you may have a strong case that you could potentially win in a trial, they may be more likely to pay you a higher amount.
In general, the earlier you can file a claim, the better. As time goes by, your recollection of an accident might become foggy or you may simply run out of time to file.
There are some important deadlines to consider when filing a personal injury claim. In Texas, the statute of limitations, or the time you have from the date of your accident, is typically two years.
However, the time limit is shorter if you are filing a claim against the Texas government. In these instances, you are required to notify the unit of government within six months of your injury.
Impressions count for a lot when filing a personal injury claim. If you claim an accident caused severe injuries, but your social media feed is littered with posts that suggest otherwise, you might sink your claim and settlement.
The parties you filed a claim against could use your posts to dispute the extent of your injuries and the value of the compensation you’re seeking. Although it may be tempting to post about your accident, a good rule of thumb is to avoid discussing your accident and claim with anyone until your case has concluded.
Experience matters when you or a loved one have been injured or died due to someone else’s negligence. Our team of dedicated personal injury attorneys at Khattar Law, PC, will fight to hold these parties accountable so you can restore what was taken from you.
We have helped thousands of clients handle a wide range of personal injury cases in the San Antonio area. Call us today at (210) 923-1234 for a free case review with a personal injury lawyer who can help you reach a fair and full settlement.