Most personal injury lawsuits never make it to trial; rather, the parties typically settle out of court. This usually involves negotiations or mediation, which are conducted by a personal injury attorney. Settling gives the accident victim the chance to negotiate for the highest possible amount of compensation. Conversely, if the case proceeds to trial, the defendant may fight and attempt to avoid paying anything at all.
If you were injured in an accident, the most important thing to keep in mind about a personal injury settlement is that once you sign the settlement paperwork, the case is over. You waive any rights to proceed further against the defendant or to ask for additional money. If the settlement amount does not fairly compensate you for your injuries, you will have to bear any additional financial costs yourself.
Having an experienced personal injury lawyer by your side during the proceedings isn’t the only important factor in recovering a fair settlement. The actions you yourself take can also influence the final dollar figure. So, what can you do to maximize your compensation after an injury?
Get Immediate Medical Care
The first thing you should do after being in an accident is seek immediate medical attention. Doing so isn’t just vital to protecting your health but also your legal rights. Not all injuries are immediately apparent. Some may not manifest until hours or even days after the accident, with common examples being:
- Concussion
- Whiplash
- Back injury
- Soft tissue injury (muscles, ligaments, tendons)
- Internal bleeding and injuries
- Bone fractures
Failing to see a doctor may aggravate your injuries, delay healing, and cause further complications. In addition, in a legal case, a significant delay between the accident and treatment will make it appear as though your injuries were not as bad as you claim. It will give the defendant a chance to blame you for making your own injuries worse. The defendant may even argue that factors unrelated to the accident, such as pre-existing conditions or a separate event, contributed to or worsened your injuries.
By receiving prompt medical care, you can begin documenting your injuries and recovering from them while protecting your legal interests. Follow all prescribed treatment plans, take your medications, return for follow-ups, and see any specialists to whom you are referred.
Gather the Right Evidence
When you hire an attorney, they can assist you with gathering evidence. However, in the immediate aftermath of an accident, you are in a unique position to begin collecting at least some of what you will need on your own. This evidence includes:
- Pictures and videos depicting the accident scene, injuries, and property damage (including personal property)
- Identifying information related to the at-fault parties (e.g., for a car accident, the vehicle make and model)
- Eyewitness names and contact information
- Details about the weather and prevailing conditions (e.g. inadequate lighting)
- The location, time, and date of the accident
- Your own personal notes about the events surrounding the accident
This evidence could be more difficult to obtain later. It may even lead to surprising discoveries that impact your case significantly. For instance, evidence that reveals further details about the damage done to the vehicle may indicate that the vehicle’s manufacturer was partially responsible for the accident, whether due to a defective part or design flaw.
Be Careful About What You Say
It is important that you say only what you need to about the accident, relaying the basic facts to law enforcement, property owners, and other individuals who need to know. Apologizing for the accident could be construed as an admission of liability on your part. Limit your communication with the at-fault party and any insurance companies.
The insurer representing the at-fault party may contact you and request a recorded statement. Do not give one, but instead, refer the claims adjuster or representative to your attorney. Insurers use recorded statements to try to deny or underpay claims, so an attorney should handle all communications with them.
You should also avoid posting about the incident on social media. This includes comments about the nature and extent of your injuries. Many individuals inaccurately self-diagnose, but in the process, inadvertently give the defendant an argument to use against them.
Avoid Undervaluing Your Claim
The objective of a personal injury settlement is to resolve all outstanding legal claims against the liable party or parties. This means receiving compensation for all your damages, some of which can be easy to overlook or difficult to calculate. Your settlement should account for:
- Medical bills: This may include ambulance care, hospitalization, surgery, prescription medication, adaptive medical equipment, physical therapy, and nursing care.
- Lost earnings: While recovering from your injuries or tending to legal matters related to the accident, you will miss time from work which should be compensated.
- Lost earning capacity: You may not be able to work at the same productivity level as before the accident, costing you potentially significant amounts of future income, bonuses, benefits, and retirement.
- Non-economic damages: These are called “non-economic” because their value isn’t strictly defined by a mathematical calculation. This includes pain and suffering, mental anguish, decreased quality of life, and other losses.
- Property damage: Damage and loss of personal property, including vehicles and items that were on your person, are covered here.
Keep in mind that many of these are losses that you may incur in the future. Your attorney may call upon expert witnesses to assess your current state and make reasonable estimates about your future medical needs, economic losses, and other damages.
Why Working With a Personal Injury Lawyer is So Important
The right attorney will understand how to value your case, file the necessary legal paperwork, and walk you through the personal injury claims process and settlement procedures. Since you won’t get another chance to ask for more money after settling, it is important that the final dollar figure includes all past, present, and projected future damages. Working with a skilled personal injury law firm can give you the confidence you need to recover and move on from the accident.
