Ninety-five percent of civil cases are settled. When you have a personal injury case, all that matters is that you receive the compensation you deserve.
LA Century Law is a team of personal injury lawyers who have recovered millions of dollars in compensation for our clients. Here, we share some tips on how to increase your personal injury settlement.
10 Ways To Increase a Personal Injury Settlement
1. Document your injuries thoroughly and accurately.
The foundation of any personal injury settlement is the injury. You must prove the injuries that you have, which means having documentation. Your testimony about your pain and physical limitations is helpful but, alone, is not enough.
You need detailed medical documentation that identifies what injuries you have. You must show how they resulted from the accident.
Documentation must explain how the injuries affect you and likely future medical expenses.
2. Dive into damages—you may deserve more than you think.
The insurance companies aren’t on your side. They don’t want you to know your case value. California law outlines what kind of compensation you can receive for a car accident. Compensation may include economic and non-economic losses.
Some of the types of compensation that people can claim aren’t well known. For example, pain and suffering may be more than you realize. Learning about the different types of damages can help you make sure to include valuable categories that apply to your case.
3. Journal your pain and limitations.
Increasing personal injury settlement often depends on the small details. You must prove how your injuries impact your life. When you are in the midst of it daily, you feel the effects of your injuries. For example, it can hurt to get into the car or walk upstairs. You may experience pain throughout the day.
Months later, in a deposition, or on the witness stand, detailing this day-to-day struggle can be more difficult. Keeping a journal helps you record what happens each day and can help you be an effective witness in your case. A lawyer can guide you in how to keep an effective journal.
4. Understand the importance of consistent medical treatment.
Do everything you can to follow your medical care plan. It may seem counterintuitive that adhering to your medical care can maximize your personal injury settlement. However, you don’t want allegations that you aren’t as injured as you claim or that you’re not doing everything you can to heal from your injuries.
5. Gather strong evidence to support your claim.
Strong evidence can increase your settlement. If the insurance company knows they’d likely be ordered to pay the amount if you took your case to trial, they’re more likely to offer a fair settlement. Building the evidence means you’re not solely relying on your statements, although your testimony may be an important part.
To gather evidence, you use discovery to demand records, conduct depositions, and ask for admissions of facts. You identify witnesses and contact them. You may inspect a vehicle or accident site or may conduct tests and experiments.
6. Work with expert witnesses to bolster your case.
Expert witnesses can be important to increase a personal injury settlement and may be needed for any part of a case. For example, an expert may explain the duty of care and how the defendant’s conduct failed to meet that duty of care. They may explain damages, provide an accounting of likely future damages, and verify that injuries are the result of the accident. Experts can provide information and data that can’t be presented in other ways.
7. Keep quiet on social media.
Sometimes the best personal injury tip is what not to say. It’s best not to post on social media.
Even if you think it has nothing to do with the accident, you might say something that may be mistaken or taken out of context. The defense may suggest that you’re not as injured as you claim if you’re out doing the activities you’re posting about. They may even say the fact that you can post means that your pain and suffering aren’t what you say it is. It’s best to stay off social media for now.
8. Identify any counterdefenses.
You can expect the defense to attempt to minimize compensation. Responding to this means thinking ahead. You must identify what the defense is likely to say and counter it. Think of the case from their perspective and identify weaknesses. Then, prepare evidence and arguments to refute their defenses. If you formally file your case in court, read their reply carefully to identify raised defenses.
9. Be willing to go to trial.
The more detailed your case preparation, the less likely it is that your case will go to trial. This may seem counterintuitive, but the defense needs to know that you’re always ready and willing to take the next step. For example, you may need to file a summons and complaint in court. You may have preliminary motion hearings and submit pre-trial documents. These steps show the defense that you’re serious.
10. Don’t accept the first offer.
Often, the insurance company makes a low first offer and hopes you accept it. But if you know what your case is truly worth, you can continue to negotiate. You may submit a demand letter to the insurance company or continue settlement negotiations.
Tips for Negotiating with Insurance Adjusters
One of the best pieces of personal injury claim advice is patience. It can take time to investigate, evaluate, and build the case. You must be willing to continue the case and even take it to trial. It can be hard to know when it’s time to accept an offer and when you should continue moving forward. A lawyer can represent you and provide valuable guidance.
Contact an Experienced San Bernardino Personal Injury Lawyer
Do you need personal injury claim advice? Do you want to increase your personal injury settlement? Contact LA Century Law., San Bernardino personal injury lawyers.
With a 99% success rate and highly regarded in the legal community, we increase personal injury settlements. Call or message us now.