An injury can be a huge interruption to a person’s life. Yes, there are the medical costs to think about, which can be enormous and debt-inducing just on their own. But there’s also the time a person might have to take away from work and family, the lost finances from their job, and pain and turmoil that might last for months.
Yes, sustaining an injury can truly be a life-altering event. That’s why it’s important to get the compensation you deserve. If you’ve been injured as a result of the negligence of another person, you have a right to compensation for your damages under the law.
Do you know how to win a personal injury case? Every case is different, but there are some tried and true tips worth remembering if you find yourself in this unfortunate situation. Read on and we’ll walk you through them.
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1. Decide on an Ideal Settlement Amount
A lot of winning a personal injury case is knowing the right amount you would need to be ‘made whole again.’ This isn’t always as easy as it might sound.
A settlement for a personal injury case covers a lot of ground. There are medical bills for doctor’s visits, medications, surgeries, and therapies. These are known as hard costs, which are numbers that are easily quantified due to the receipts and concrete dollar amounts that can be referenced.
Other hard costs include lost wages, which is the amount an individual lost from not being able to go to work. If you add these numbers up, you will begin to get a sense of what a settlement amount might cost. Often, the costs of an attorney for the case itself is included as well.
But there are also costs worth considering that are not as easy to quantify. How do you put a dollar amount to the pain and suffering that a person has gone through? It can be difficult but landing on the wrong number can destroy the momentum of a case.
It’s best to have an expert step in and help you come to a number. Too high can make it difficult to achieve, but too low and you may be selling yourself short and not getting the compensation you need. A personal injury lawyer can help you land at the right number and put your case on the right track.
2. Don’t Take the First Offer Given
Insurance companies operate by attempting to limit how much money they give out in a case. That’s how they stay in business. That’s why the first settlement number they’re likely to give to you will be a low-ball offer.
This is a tactic and a strategy. By offering a low number as their initial offer, they’re testing to see how much the victim understands. If they’re willing to accept the lower offer, it means the victim does not really know how much their case is worth. The insurance company gets off easy, and the victim doesn’t get the financial support they really deserve.
If the initial offer is offensively low, don’t budge. If it’s low but somewhat reasonable, show the insurance company you’re willing to compromise and go slightly lower than your ideal number.
3. Don’t Shy Away from Emotion
Many people assume that the law is an area where emotion shouldn’t enter. First-time clients attempt to shy away from emotion and base their case only on cold, hard facts. While the reasoning behind this line of thought makes sense, it’s actually not how you should be preparing for a personal injury case.
People must remember that the biggest part of a claim is pain and suffering. It can be very difficult to put a dollar amount to something that can’t be concretely valued. Thus, emphasizing the emotional aspects of your case can help to support your demands in this area.
If there is photographic evidence that helps to share how terrible the accident was, you should share them. If there is an anecdote that helps to demonstrate how difficult it was for the victim in the weeks following the accident, you should share it.
This is the kind of evidence you need to make a strong case against an insurance company. It should not be put in a drawer and left unused, and it does have a role to play in settlements and in court cases.
4. Listen to Your Doctor Closely
It’s vital that you get proper medical attention following an accident. It’s just as important that you follow your doctor’s orders as closely as possible after visiting.
Why? The insurance company is planning to pay up based on your injuries and your doctor’s treatment. If it can be proven that you are not following your doctor’s orders exactly, the insurance company may have grounds to deny compensation for these charges.
They may even be able to make a case that your injuries exist or are getting worse due to your inability to follow directions. This might not be the case, but you don’t want to give the insurance company attorneys the grounds to make this case.
Following your doctor’s orders exactly will help you to get healthy and get back on your feet. It will also ensure that your case stays strong.
How to Win a Personal Injury Case
Do you know how to win a personal injury case? It takes a lot of work and experience to properly build a case, establish fault, and provide the needed evidence. The above tips and tricks can help to increase your odds and keep success in your favor.
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