Personal injuries caused by someone else’s negligence can happen to anyone and at any place. You might slip and fall in an unsafe building, be a victim of medical malpractice, get injured in a construction site, or use a defective product unknowingly.
Whichever way it happens, a majority of personal injury cases are settled outside a court and through monetary compensation. The insurer of the party found liable compensates the victim for things like medical bills, therapy fees, emotional suffering caused, and lost wages.
However, making a claim does not automatically mean that you will get the settlement amount that you asked. The final amount may be less, more, or even none at all. An insurance adjuster’s role is to tone down your claim to the least possible amount.
This is why it is critical to understand the different ways that you can maximize your compensation in a personal injury case.
1) Contact an Experienced Personal Injury Lawyer
The number one rule to maximize your chances of winning a personal injury case is to get an attorney who has specialized in such cases. A Montana personal injury lawyer has in-depth knowledge of personal injury laws. They have also dealt with a multitude of insurance adjusters and knows the tricks employed to convince claimants to accept a lower-than-deserved compensation.
2) Get Medical Attention
It is critical to get medical attention, whether you think that you are physically injured or not. If the doctor prescribes a treatment plan, ensure that you follow through to completion. A treatment plan can be used as evidence to make a causal conclusion that there were damages caused by negligence.
Without a doctor’s report, it becomes easy for the insurer to claim that the injuries caused were insignificant and not worth the stated compensation.
3) Collect and Preserve Evidence
The insurance company is going to try and fight the claim to the lowest possible amount of compensation. One of the ways they will do this is by gathering any form of evidence against your case. You should also collect any form of evidence you can find that supports your claim.
This includes photographs of the scene or injuries, witness statements, a copy of the police report if any, product pictures, video surveillance, and so on.
4) File Your Case Immediately After It Happens
Personal injury laws differ across states, but they all have time limitations. There are specified time limits within which you can file a personal injury case. After this, your case might be disqualified or end with you having to settle for less compensation. This will also help to present evidence when it is still fresh in people’s minds.
5) Calculate Your Current and Future Damages
In most personal injury cases, the claimant is yet to incur full damages by the time their case starts. Future damages may include therapy fees, continued mental health issues, lifetime disability, inability to work, more defamation, among others. To maximize your compensation, ask your personal injury lawyer to help you in valuing the entire claim.
6) Avoid Updating Your Socials
The insurer will use any type of evidence to prove that your asking compensation is more than the actual damages. This includes your social media updates.
An innocent post, comment, reply, or picture can easily tear down a case you have worked so hard to build.
7) Do Not Exaggerate Your Injuries
Not only is exaggerating your injuries considered a fraud, but it can also take away your right to claim. Credibility is an important factor in personal injury cases.
If the insurance company ascertains that you are not being honest, your case has little to no chances of proceeding further.
