Tips for Increasing your Personal Injury Settlement
We are often asked what we should do or avoid doing in order to increase the value of my personal injury case. Below are some tips to keep in mind after an accident.
1. The first mistake – talking with the insurance adjuster.
This can be on your accident benefits side or lawsuit side of your claim. The adjuster’s interests conflict with your interest. It is often easy to forget this because adjusters can be very friendly at times. Their interest is in favour of the insurance company – to save them money. Your interest is to get as much money from the insurance company as possible. Avoid talking with the adjuster if you can. Let your lawyer do the talking for you.
2. The second mistake we often see is people who do not get medical attention right away, or at all.
It is extremely important that you attend treatment as soon as possible after an accident. The first opportunity you will get is with the ambulance attendants. Do not reject ambulance assistance. If the paramedics ask if you’d like to go to the hospital please do so. Get checked out. Discuss how you’re feeling with the medical professionals. They will document your injuries. Down the road when you’ve decided to bring a claim to the insurance company, you will appreciate that you took this important step. You complained and discussed with the medical professionals from the start. Also, if you do not receive medical treatment right away the insurance company will assume you are not injured and therefore do not deserve compensation. These are issues that will come up at trial if you do not settle your case.
3. The third mistake is having unrealistic expectations of your personal injury case.
It is important that you understand the true value of your case and to appreciate that it will take a long time to reach the ideal settlement. Personal injury cases often take years to settle. Keep in mind, it is not appropriate to settle a personal injury case until all options are explored. A diagnosis, prognosis and treatment recommendations are necessary before a settlement can be reached. This can take a long time. You need to see the doctors and medical professionals. You need to get imaging done. You may need to get surgery. We will need to know the results of the surgery and other complications that may arise from it. Do not expect your personal injury case to take six months to one year. Expect to wait a while before a settlement can be reached. Taking the time to settle your case will ultimately lead to a larger settlement.
Communicate regularly with your lawyer
It is important that you keep in touch with your lawyer on a regular basis. Provide your lawyer with regular updates so that he can keep your file updated. This is especially the case if you see any specialists or other doctors that your lawyer may not know about. If any new imaging such as MRIs are done, then please provide the results to your lawyer.
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Do I need a lawyer for a minor car accident injury?
The need for a lawyer in a minor car accident injury often depends on the circumstances. If injuries or damages are minor, you might manage without legal assistance; however, consulting a lawyer can ensure you receive fair compensation.
What are the fees of a personal injury lawyer in car accidents?
The fees of a personal injury lawyer in car accidents typically operate on a contingency basis, meaning they only get paid if you win your case, usually taking a percentage of the settlement or verdict.
Can I sue for whiplash injuries from a rear-end collision?
You can sue for whiplash injuries resulting from a rear-end collision if you can demonstrate that the accident was caused by another driver's negligence.
Can I claim compensation for whiplash from a bus accident?
You can claim compensation for whiplash resulting from a bus accident if you can establish that the accident was caused by the bus driver's negligence. It's advisable to consult with a personal injury attorney to guide you through the claims process.
Do personal injury law firms offer free initial consultations?
Many personal injury law firms offer free initial consultations to prospective clients. This opportunity allows you to discuss your case without any financial commitment and obtain valuable legal insight on your potential claim.
What is the role of a personal injury lawyer in a car accident?
The role of a personal injury lawyer in a car accident is to advocate for victims' rights, navigate the legal complexities of claims, secure fair compensation, and provide guidance throughout the entire injury recovery process.
How do I prove whiplash injury in a personal injury claim?
Proving whiplash injury in a personal injury claim involves documenting medical evaluations, securing diagnostic imaging results, and obtaining statements from healthcare professionals regarding the injury's impact on daily life and activities.
How do I find the best personal injury law firm near me?
Finding the best personal injury law firm near you involves researching local firms, checking client reviews, and evaluating their experience in handling cases similar to yours. Schedule consultations to assess their approach and compatibility with your needs.
How much does a whiplash lawyer cost in the US?
The cost of hiring a whiplash lawyer in the US typically varies based on the complexity of the case. Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case, often taking around 25% to 40% of the settlement.
How does a personal injury lawyer investigate a car accident?
A personal injury lawyer investigates a car accident by gathering evidence, including police reports, witness statements, and accident scene photos, while assessing damages to effectively support their client’s claim for compensation.
Can a personal injury lawyer help with car accident insurance claims?
A personal injury lawyer can indeed assist with car accident insurance claims by navigating the complex legal process, negotiating with insurance companies, and ensuring you receive fair compensation for your injuries and damages.
What is the average settlement for whiplash injuries?
The average settlement for whiplash injuries typically ranges from $2,500 to $10,000, depending on the severity of the injury and other factors such as medical expenses and lost wages.
What qualities should I look for in a personal injury lawyer?
The qualities to look for in a personal injury lawyer include experience in personal injury law, strong communication skills, a proven track record of successful case outcomes, empathy towards clients, and a commitment to advocating for your best interests.
What makes a personal injury law firm the best in the industry?
The qualities that make a personal injury law firm the best in the industry include a proven track record of success, strong client advocacy, comprehensive case knowledge, responsive communication, and a commitment to maximizing client compensation.
What are the long-term effects of whiplash on the spine?
The long-term effects of whiplash on the spine can include chronic neck pain, reduced mobility, and potential degenerative changes, such as arthritis or herniated discs, which may impact overall spinal health and functionality.
What are the most common car accident injuries that require a lawyer?
The most common car accident injuries that require a lawyer include whiplash, traumatic brain injuries, spinal cord injuries, fractures, and soft tissue injuries. These conditions often lead to significant medical expenses and long-term impacts, making legal representation essential for proper compensation.
Can I get compensation for whiplash from a motorcycle accident?
Compensation for whiplash resulting from a motorcycle accident is possible. If you can demonstrate that the accident caused your injuries, you may be entitled to claim damages for medical expenses, pain, and suffering.
Can a personal injury law firm guarantee a successful outcome?
A personal injury law firm cannot guarantee a successful outcome. While they can provide expert guidance and representation, the result of each case depends on various factors, including evidence and circumstances surrounding the incident.
What should I document after a car accident?
Documenting the details after a car accident is essential. Record the accident scene, including photos of vehicles, injuries, and surroundings, gather contact information from witnesses, and obtain police and medical reports to support your personal injury claim.
How can I expedite my personal injury claim?
To expedite your personal injury claim, promptly gather all necessary documentation, communicate effectively with your attorney, and respond quickly to any requests from insurance companies or legal representatives involved in your case.
What evidence is crucial for a whiplash claim?
The evidence crucial for a whiplash claim includes medical records confirming the injury, documentation of accident details, and witness statements. These elements collectively support the legitimacy and extent of your claim, facilitating the compensation process.
What common mistakes to avoid in injury cases?
Common mistakes to avoid in injury cases include failing to seek medical attention promptly, not documenting evidence thoroughly, providing recorded statements without legal advice, and missing deadlines for filing claims. These missteps can significantly impact your case outcome.
How can I strengthen my injury case?
To strengthen your injury case, gather comprehensive evidence, including medical records, accident reports, and witness statements, while maintaining detailed documentation of your injuries and their impact on your life.
What is the process of filing a claims lawsuit?
The process of filing a claims lawsuit involves several key steps: first, consult with a personal injury lawyer to evaluate your case; next, gather relevant evidence and documentation; then, file the complaint in the appropriate court; and finally, proceed through discovery and possible settlement negotiations or trial.
How does insurance affect personal injury settlements?
Insurance plays a crucial role in personal injury settlements by determining the available compensation for injuries sustained in accidents. The at-fault party's insurance typically covers medical expenses, lost wages, and damages, influencing the settlement amount.
What are typical timelines for personal injury cases?
The typical timelines for personal injury cases can vary widely but generally range from several months to a few years. Factors such as case complexity, negotiation processes, and court schedules all influence the duration.
Can I switch lawyers during my case?
You can switch lawyers during your case if you feel it's necessary. However, it's important to consider the timing and any potential impacts on your case before making the change.
What can I expect during a consultation?
During a consultation, you can expect a thorough discussion of your case details, an evaluation of your injuries, and an explanation of your legal options. Our goal is to provide clear guidance and support as you navigate the compensation process.
How do contingency fees work in personal injury cases?
Contingency fees in personal injury cases mean that the attorney only gets paid if you win your case. This fee is typically a percentage of the compensation awarded, aligning the lawyer's interests with yours in achieving a successful outcome.
What compensation can be claimed for emotional distress?
Compensation for emotional distress may include damages for pain and suffering, loss of enjoyment of life, and mental anguish resulting from an incident. This compensation aims to address the psychological impact of the injury sustained.
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