When you’ve suffered an injury due to someone else’s negligence, obtaining fair compensation can make a significant difference in your recovery journey. And while it’s fairly easy to obtain some compensation, you’ll have to be strategic to maximize your compensation.
The Basics of Personal Injury Cases
Personal injury cases arise when someone suffers harm – typically a physical injury – as the result of someone’s else’s negligence. Common types of personal injuries include slips and falls, car accidents, product liability, medical malpractice, and certain types of assault.
At the core of every personal injury case is the concept of negligence. And in order to have a chance at winning a personal injury case and getting the payout you deserve, you must begin here.
“In a personal injury claim or lawsuit, the first step in proving that another person was negligent is to establish that he or she had a duty of care in the situation that gave rise to the injury,” Nolo explains. “The injured person (the plaintiff) will then need to show exactly how the other party (the defendant) failed to meet that duty—in other words, how the defendant’s conduct ‘breached’ the duty of care. Once this breach is established, the last step in proving negligence is to show that the plaintiff suffered real injuries that were caused by that breach.”
This might all sound complicated – and in some ways it is – but there are legal processes in place to make proving negligence and earning compensation attainable for those who have been affected.
3 Tips to Max Out Your Compensation
Personal injury cases are not criminal cases. Instead, it’s a violation of state civil law. That means the guilty party isn’t at risk of going to jail. Instead, the outcome typically involves financial compensation for the medical bills, pain and suffering, and lost wages of the victim.
“Compensatory damages are intended to restore or put injured victims in the state they would be in if not for their injuries,” Bamieh & De Smeth explains. “By assigning a dollar value to their injuries, these damages will help restore the victims’ financial, emotional, and physical states.”
Here are some ways to ensure that dollar value is maximized so that you can reach a faster and fuller recovery:
1. Document Everything
Without any concrete evidence, your personal injury claim comes down to a “he said, she said” outcome. And the court of law is almost always going to favor a defendant when there’s a lack of evidence. (You know…the whole innocent until proven guilty thing.) With that being said, it’s important that you document every possible detail. This may include:
- Clear photos, files, and medical records of injuries and treatment
- Doctor’s notes, prescriptions, therapy session records, hospital bills, etc.
- Lost wages due to your injury (including documentation of regular income and time missed)
- Evidence of property damage (photos, videos, and other documentation)
On top of all of this, it’s helpful to maintain a journey where you describe your injury and how it’s impacting you on a daily basis. This might not be concrete evidence, but it can prove helpful for your attorney.
2. Prepare for Insurance ‘Games’
Insurance companies are frequently involved in personal injury cases. Their role is to manage risk and, when necessary, pay out claims when an insured party is found liable. However, you have to remember that insurance companies are for-profit entities, and minimizing claims is in their financial interest.
There are several strategies that insurance companies commonly use to reduce the amount they pay out. They may:
- Dispute the extent of your injuries or argue they were pre-existing
- Assert that you share some or all of the blame for the incident
- Delay the process, hoping you’ll accept a lower settlement out of desperation
- Use statements you make against you, often taking them out of context
Your attorney will know how to approach insurance companies and avoid playing their tricky games. However, it’s also important that you get familiar with how this process works so that you don’t say or do something that could compromise the value of your claim.
3. Use a Skilled Personal Injury Attorney
Never try to handle your personal injury claim on your own. Representing yourself is a lot more difficult than it may seem. When searching for an attorney, set your criteria and be meticulous.
For best results, look for an attorney who specializes in personal injury law and has experience with cases similar to yours. Check reviews and ask for references to assess the attorney’s reputation.
Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if they win your case. (But make sure you understand their fee structure before hiring.)
Give Yourself an Advantage
If you’re going to go through the effort of filing a personal injury claim, you might as well maximize your compensation by being as strategic as you possibly can be. Remember, it all comes down to hiring a good lawyer and letting their expertise guide you!