How to Maximize Compensation for a Personal Injury Claim
A personal injury claim typically compensates you for the damages caused in the accident, but the amount can vary wildly, depending on the circumstances of your case. Some claimants will receive multi-million dollar settlements, while others barely receive enough to cover their expenses. Getting the most money for your personal injury claim requires understanding the process and making sure you use all of the resources available to receive your maximum settlement.
Have a Settlement Amount in Mind
Before you go to the negotiating table, have an amount in mind that represents the lowest amount you will accept. Of course, this figure can change, depending on what evidence the other side presents, but it helps to at least have an amount in mind that you will accept. This figure is for your reference, and you should not discuss it with the insurance adjuster. You and your attorney can decide on a fair settlement amount and work from there. That way you will be less likely to accept lowball offers.
Don’t Jump at the First Offer
It is common for insurance companies to make an initial low offer to lower your defenses and to test whether you understand the strength of your case. First, determine if the offer is low but reasonable. Sometimes the insurance company will offer a settlement that is lower than what you expected but still a reasonable amount based on your claim. If the offer is unreasonably low, it may be a simple tactic to see how little you will accept. Either way, talk it over with your attorney before making a decision.
Ask for Justification for Low Offers
If the insurance company makes a particularly low offer, have them justify it to you in writing. Take note of what points they mention and respond to them with your evidence. If you have compelling evidence like a photo of an open beer can in the defendant’s car or evidence of losses from your business or graphic photos of your injuries, use these to your advantage. This is where your skilled attorney comes in. In negotiations, he will be able to make a strong case for your biggest settlement.
Know When to Include Your Attorney
There are times when you can negotiate on your own and times when you need an attorney. You want to talk to a personal injury attorney if:
-You are expecting a large settlement for major pain and suffering
If you have been in an accident with a semi-truck, or have long-term injuries from your accident, you need a personal injury attorney to negotiate on your behalf. These accidents are complicated to sort through, and you will need more than a few dollars to aid in your recovery. Your attorney will be invaluable in large settlement cases.
-You anticipate future medical expenses
Most settlements look good on the surface, but it can be challenging to negotiate for future medical expenses. You may need long-term care, rehabilitation services, hospitalizations, and ongoing pain management. It can be difficult to factor in these expenses, and your attorney will have experience negotiating for future medical expenses.
-There is a question of fault
Determining fault is a major consideration in any personal injury case. There may be multiple parties at fault, so you will need a skilled attorney to determine the percentage of fault that each party shares. Likewise, if you share any of the faults for the accident, you could potentially be denied compensation if you don’t know how to navigate the tricky legal waters of fault determination. Consult your attorney.
If you have been injured in Louisiana, an Alexandria personal injury lawyer can help you to get the compensation you deserve.
ABOUT AUTHOR:
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront with every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.