“How do I maximize my personal injury settlement?” It’s a question we’re often asked by our clients and fortunately, we provided some helpful tips.
If you have a personal injury claim, more likely than not your claim will end in a settlement between you and the party or parties at fault for your injuries (or their insurance company). You may want to consider taking the following steps to help ensure that you maximize the total compensation you receive from your personal injury settlement.
Steps for Maximizing Your Financial Recovery in Your Personal Injury Case
- Preserve evidence in your case — The success of your claim will hinge on the strength of your evidence. The more evidence you have to prove that you were injured, that the other side was responsible for your injuries, and the value of the losses you’ve incurred due to your injuries, the more likely the other side will be willing to accept a settlement closer to your preferred number. Make sure you take photos or video at the accident scene, get contact information from any eyewitnesses, request copies of accident or incident reports, and preserve surveillance footage of the accident. Your attorney can use this evidence to begin building your case.
- Seek medical attention — A full settlement means that you need to understand the total extent of your injuries. You should see a doctor as soon as possible following an accident to have your injuries diagnosed and to get a treatment plan and prognosis. With those in hand, you’ll be able to make a strong demand for full compensation of your medical expenses. You should also follow all treatment instructions and recommendations. Otherwise, the other side might argue that you aren’t as injured as you claim or that you’ve allowed your condition to get worse, potentially undercutting the value of your case.
- Pursue the full extent of your losses — Don’t limit your claim to seeking your medical costs. You may have suffered other losses due to your injuries, including lost wages from missed work, lost earning capacity if your injuries resulted in permanent disabilities, and even pain and suffering or loss of quality of life due to the physical and emotional effects of the accident.
- Don’t accept the first offer — Although you may be excited to get compensated for your injuries, the first settlement offer from the other side rarely represents the maximum compensation you could receive. Having legal representation can help you evaluate the true value of your claim and whether or not you should accept or reject a settlement offer.
- Have a rebuttal to the other side’s offer — When you do receive a low settlement offer, it can help to have persuasive arguments to explain why the offer was inadequate. By showing that you have a strong legal claim and you know it, you can put pressure on the other side to offer a fair and full settlement, since they’ll know you’re willing to go the distance to get full compensation and you are likely to win that compensation in court.
- Consider your future losses — Settlement negotiations often begin while you’re still undergoing recovery for your injuries. That means you’ll need to evaluate each settlement offer with an eye to ensuring that the total compensation amount also covers the losses you expect to incur into the future. Once you’ve settled your claim, you can’t come back to the other party to demand more money if you have future expenses.
- Build a strong legal argument and strategy — Preparing your case as if you were going to trial can be key to maximizing the value of your claim. This means conducting investigation and discovery and working with expert witnesses. If the other side thinks you’ve got a winning case, they’ll be more likely to offer a full settlement to avoid the time and expense of a trial they might lose.
- Timely pursue your claim — You only have a couple of years from the date of your injury to file a lawsuit in court to pursue your claim. Investigating and developing your case will take time, so you’ll want to move quickly to ensure you have enough time to prepare your claim.
- Avoid social media — Many personal injury claims get undercut by things injury victims post on social media. For example, in a social media post they may describe the accident differently from their official allegations. Or they may post photos or videos of themselves being active while claiming to suffer from debilitating injuries. Much of what you post on social media can be accessed by anyone, so you can help your case by staying off social media and letting your attorney do all the talking for your case.
Contact a Perth Amboy Personal Injury Lawyer to Discuss Your Case in New Jersey
Did you or a loved one sustain serious injuries in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at CourtLaw represent clients injured in Newark, Jersey City, Paterson, Elizabeth, and throughout New Jersey. Call (732) 442-5900 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 163 Market St. Perth Amboy, NJ 08861, as well as offices in New Brunswick, Roselle, East Orange, Jersey City, Elizabeth, Linden, Newark, Paterson, South Amboy, and Trenton.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.