After suffering injuries because of another person’s negligence, you’re taking action. You’ve filed a personal injury claim. You’ve hired the right legal representation and you’re ready for the court hearing. As you and your personal injury attorney iron out the details of your case, you may wonder how you can maximize personal injury compensation.
After all, you need as much of a payout as possible to cover your medical bills, lost wages, and pain and suffering, both now and in the future.
What you do after your injury is crucial. It can add to or take away from your credibility and ultimately the money you receive.
In this article, we’ll discuss ways you can maximize your personal injury compensation so you can walk out of the courthouse satisfied. Our team is experienced in handling insurance companies and ensuring that our clients receive the maximum amount of compensation they are due.
How Do You Maximize Personal Injury Compensation?
Here are 9 ways you can maximize your personal injury settlement:
Preserve evidence. The judge or the jury will decide your case based on the evidence you present. Even the at-fault party’s insurance company will decide if to offer you a fair settlement based on the strength of your case. This means the more you can do to preserve evidence, the better your odds of winning will be. Immediately after a car accident, for instance, take photos of the scene of the accident and your immediate injuries if you’re able to. Write down the names and contact information of the witnesses and other drivers involved in the accident. Also, get a copy of the police report. Further, your personal injury lawyer should follow up on this information to get detailed witness statements and prepare your case.
Seek medical treatment. To win your personal injury lawsuit, you must receive fair compensation for your injuries and other damages. You can achieve by having an accurate picture of your damages. You’ll need to see doctors and other medical professionals to document your injuries and come up with a treatment plan. This documentation may encourage the defendant and their legal team to come to the table and offer a higher settlement. You must seek medical treatment, even though you’re unsure about the extent of your injuries. And if your doctor recommends a treatment plan, you must follow it. This includes seeking any necessary physical therapy and treatment for things, such as post-traumatic stress and flashbacks.
Value your claim fully. Don’t limit yourself to one type of damages. There are several damages you may be eligible for because of your injuries. You might not even know about all the injuries and losses that you have suffered. You can seek compensation for loss of regular use of body function and even pain and suffering damages. Also, you can claim out-of-pocket expenses related to your injuries. An experienced Decatur personal injury attorney can help you evaluate these damages individually and determine how much compensation you’re eligible for.
Be patient. After suffering injuries in an accident, it’s easy to want a check in your hands as soon as possible. Often, accepting the first settlement offer you receive can hinder you from maximizing your compensation. To get the maximum possible compensation for your injury, let the other side believe you’re willing to go the distance. That means rejecting the first, second, or even the third offer until you get a fair offer. Also, it’s crucial to work with a personal injury attorney for an expert opinion about whether to accept or decline a settlement offer.
Explain why the offer is insufficient. Part of getting maximum compensation entails convincing the other side you have a solid claim. When you get a lowball settlement offer, respond by explaining to the other side why it’s unreasonable with documentation that validates your assertions. This’ll show them you’re committed to getting the compensation you deserve and that you have a strong case under Georgia law. An experienced personal injury lawyer can help you handle all the considerations related to rejecting a settlement offer and providing documentation on why the offer is insufficient.
Remember future damages. A personal injury can cause both immediate and long into future losses. You may not recover fully from your injuries before your personal injury lawsuit goes to trial. Thus, it’s essential to make considerations about future recovery when negotiating a settlement amount. Include future damages as part of your injury claim. Sometimes, future damages may comprise most of your losses. You need to work with an attorney and medical professionals to document these losses and include them in your lawsuit.
Build your case. Doing the work to build your lawsuit methodically can maximize your compensation, even if your case doesn’t go to trial. The case preparation includes serving discovery demands to the defendant and having your personal injury attorney conduct depositions or request records. You might need to see various medical professionals, and your lawyer may work with expert witnesses to strengthen your case. Having a strong case ready for trial can pressure the responsible party to offer you reasonable compensation. If the other side feels you’re nothing to build your case, they’ll most likely lowball your settlement offer. However, if they see you’re prepared to go to trial and win, they’ll be more inclined to offer you a good settlement offer.
Don’t wait to file your personal injury case. After an injury occurs, you have time limits to file your claim. In Georgia, the statute of limitations or time limits for civil cases, such as motor vehicle accidents, wrongful death, and other personal injury claims is two years from the date of the personal injury or death. This means you must file your personal injury claim with the court before the statute of limitations expires; otherwise, you might not recover compensation at all. Filing your case as soon as possible allows you to begin to gather evidence formally. This can be a crucial part of preserving the evidence needed to build your case. Also, it lets the other side know that you’re serious about discovery and moving the lawsuit through courts as quickly as possible.
Avoid social media. Most of us are familiar with the phrase, “Everything you can and will be used against you in a court of law.” However, few people realize that this also applies to what you say on social media. If you’re claiming severe injuries, but your Instagram tells a different story; this can ruin your case. The other party and their legal team are watching; let your attorney do the talking. Also, it’s a good idea to avoid discussing aspects of your case with anyone, or anywhere until a settlement is reached.
What is a Good Settlement Offer?
People determine a good settlement offer based on whether both parties walk away from the situation satisfied. Often, this means that the at-fault party pad more than they desired, and the settlement was as much as the plaintiff wanted. There are many factors to consider when accepting a settlement offer. If you can get close to the value of your claim in your settlement, then the offer is reasonable.
Another thing you and your attorney must consider is the liability. If the other party is fully at fault for the assault or accident, then your settlement offer shouldn’t be reduced because of the risk of losing the case. If you only have an 80% chance of winning based on liability, it’s a brilliant idea to think about taking 20% less money in a settlement.
However, there are some cases where it’s unclear who is at fault. In personal injury claims, the blame may not rest on one party. This means many parties may be responsible for your personal injuries and pain and suffering. If your case involves several parties, your settlement offer must account for the fault of everyone connected to your accident. This is a challenge because, in the state of Georgia, you’re eligible for compensation only if you’re no more than 50% at fault.
Thus, if you are, for instance, 30% responsible for your accident, consider accepting about 70% of damages for your settlement.
For severe personal injury cases, get in touch with a personal injury lawyer before accepting a settlement offer. The experienced personal injury attorneys at Marks Law Group have decades of experience helping clients in Decatur and throughout Georgia receive a fair settlement.
Contact Our Experienced Decatur Personal Injury Lawyers Today!
The team of dedicated staff and experienced personal injury attorney at Marks Law Group has expertise in many aspects of Georgia’s personal injury law. We fight to make sure our clients and their families receive the maximum compensation, medical care, and support they deserve. It’s our job to act as your advocate and trusted advisor through this difficult time, and we’ll help you navigate the complex legal, medical and insurance issues related to your personal injuries.
To schedule a free initial consultation, call us today at (404) 939-1485, or chat with us online to learn how we can help. Don't wait, contact us today!