Achieve Higher Compensation in Personal Injury Cases: A Guide

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Ready to leave no dollar unclaimed in your personal injury case?

Insurance companies are hoping you will. They want to settle your case fast, before you have a chance to do your homework. They bet on the idea that you will make mistakes, sign away your rights, and take the first offer that comes your way – just so you can finally put this whole nightmare behind you.

Here’s the thing:

Settling quickly (without doing your research) and “just getting over it” probably won’t be what’s best for you in the long run.

By arming yourself with information and following a few simple rules, you can increase the amount of money you end up with and make sure you’re getting the settlement you actually deserve.

What’s inside

  • How much having a lawyer really changes things.
  • The critical importance of documentation.
  • Timing and negotiation strategies that add thousands to your settlement.
  • Common mistakes that kill your case value.

How Strong Legal Representation Changes Everything

This will shock you…

Studies show that the presence of a lawyer at the table can increase payouts nearly three times higher. Not double. But 2.5 times. And this is after you pay attorney fees and costs.

Insurance companies know that when people are by themselves, they can offer very lowball settlement numbers. The companies know that people are desperate and make mistakes. So, they use pressure tactics that work.

But when a personal injury claim professional is involved, it all changes.

They know what a case is worth. They understand how to value injuries and the legal tools available to you. They also have the most extensive understanding of what documents are necessary to build your claim. Inexperienced adjusters try to downplay, minimize, and depreciate your value, but seasoned attorneys know how to fight that.

Insurance adjusters process claims all day, every day. They know all the tricks of the trade to pay you as little as possible. You don’t want to take on that experience all by yourself.

Critical Documentation That Increases Your Payout

Wait for it…

If you think having an attorney helps, wait until you hear how big a difference documentation can make. Insurance companies will pay you for “pain and suffering.” But you have to prove it.

Let’s start with the medical record. A doctor’s note for every medical appointment. Every prescription filled. Every physical therapy session.

The insurance company will poke holes in any weakness. Did you miss a doctor’s appointment? Great. Your injuries can’t be THAT serious. Did you delay treatment? Excellent. We have some more ammo.

Missing any medical appointments or treatment gives the insurance company something to point to in order to argue that your injuries and pain aren’t as severe as you claim.

You also need:

  • Photos of your injuries at various stages of healing.
  • Witness statements from the scene of the accident.
  • Documentation of time missed from work.
  • Documentation of how your injuries affect your daily activities.
  • Receipts for all accident-related expenses.

Don’t leave anything to chance. Have solid, specific examples that document your injuries. Vague statements of “pain and suffering” will not get you very far.

Timing Strategies That Add Thousands To Your Settlement

Holy smokes…

70% of people that held out for a better deal received settlements that were $30,700 higher than those who took the first offer.

Thirty thousand dollars more just by saying no to the first offer.

Insurance companies dangle some cash in front of you hoping you will take it. Hold out for something better. Your case is worth more than their first offer.

If you rush and settle quickly, you will almost certainly accept something way too low.

The trick here is to wait until the time is right. And in most cases, that’s when you reach your maximum medical improvement. This is when your recovery is complete or your condition has stabilized. Only then can you truly project the costs of your injuries (including future medical expenses).

Common Mistakes That Destroy Your Claim Value

The best way to mess up your settlement is to make one of these mistakes…

Talking to Insurance Adjusters Without Representation

Insurance adjusters are salesmen. They are friendly. They will cajole you. But their job is to pay you as little as they possibly can.

Don’t make a recorded statement. Don’t sign anything without first speaking with an attorney.

They are trained to use subtle pressure and intimidation tactics to get you to say something that can be twisted around and used against you later.

Accepting Quick Settlement Offers

The first offer is almost always less than your case is actually worth. The insurance company knows that most people are just ready to be done with this stuff. They are betting on your desperation.

In about 95% of cases, the insurance company will pay. They just want to pay as little as possible.

Delaying Medical Treatment

Missing doctor’s appointments, not following up on recommended treatment, and waiting too long to see a doctor. Anything you can do to delay the medical process is going to give the insurance company something to hang their hat on.

If you were really injured, you would have seen a doctor immediately. Delaying medical treatment is a surefire way to make your injuries seem less serious and reduce your settlement.

Posting on Social Media

Insurance companies are watching your social media accounts. You think that photo of you grinning at your friend’s birthday party doesn’t mean anything? Think again.

Don’t post about the accident or your injuries. Don’t even mention the case. Stay off of it.

Understanding Settlement Value Factors

Personal injury cases have a wide range of settlement values depending on the specific circumstances of the case.

The severity of the injuries sustained is the most critical factor. Broken bones, traumatic brain injuries, and permanent disabilities will garner significantly higher settlements than soft tissue injuries. Average settlements vary from $10,000 to well over $75,000 but catastrophic injuries can result in seven-figure payouts.

Your economic damages also play a big role. Medical bills, lost wages, and future lost earning capacity can all factor into the final number.

Don’t forget the “non-economic” damages:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disfigurement or scarring

These factors can actually make up the majority of the settlement value once proven.

Wrapping This Up

Three things are the most important elements to maximize your personal injury claim compensation: strong legal representation, thorough documentation, and smart timing.

An attorney on your side drastically increases your settlement value. Documenting everything properly and waiting for the right time to accept a settlement can increase the final number by tens of thousands.

You’ve already suffered enough in pain, medical bills, lost time from work, stress, and anxiety. Don’t leave money on the table by making easily avoidable mistakes or settling too soon.

You deserve the full value.

Lalitha

https://sitashri.com

I am Finance Content Writer . I write Personal Finance, banking, investment, and insurance related content for top clients including Kotak Mahindra Bank, Edelweiss, ICICI BANK and IDFC FIRST Bank. Linkedin

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