As with many other cases, your personal injury claim can be reasonably settled. This applies even if there are no disputes about your liability or legal responsibility for the accident that caused you harm. However, before your case can move to the settlement stage, you will need to submit a demand amount from the other party’s insurance company. You will need to calculate the case’s value to make a valid demand.
You will not be entitled to the full amount of compensation you deserve if you request a lower settlement amount. The other party will reject unreasonably high settlement amounts, and they may continue to pursue your case in court.
The goal of your personal injury case should be to get the maximum amount possible. This is more than just writing down a dollar amount on a piece of paper and giving it to the insurance company. You must take steps to support the amount you seek in compensation. Avoiding potential pitfalls can also be important.
You will discover that the knowledge, skills, and resources of a New York personal injury lawyer can be invaluable in assisting you with your personal injury claim.
Hire an Experienced Personal Injury Lawyer
You should choose a personal injury attorney to represent your case if you have been seriously injured by an accident, a defective product, or medical malpractice. It is crucial to choose a competent lawyer. Your case’s outcome can be affected by the personal injury lawyer you choose. Attorneys have different levels of experience and skills. There are also differences in the types of cases that an attorney handles and the amount of personal attention given to each client matter.
Ask questions when interviewing injury lawyers to determine if they have the resources and experience to handle your case.
How much experience does your attorney have in this area? A general practitioner can handle many legal matters, including real estate, contracts, and bankruptcy. Others lawyers are dedicated to representing victims of personal injury. While there’s no guarantee that an attorney representing injury victims will get better results than a general practitioner in every case, it is important to know how much of their work is explicitly dedicated to these cases. Your lawyer should be knowledgeable about the number of injury settlements or awards available in the court where you are prosecuting your case.
Is your lawyer a trustworthy trial attorney? Many “trial attorneys” rarely ever see the courtroom. To avoid trial, many “trial lawyers” will accept any settlement offer that is low in price. Hire an attorney who is skilled in more than just settling.
Who will work on your case? Many personal injury law firms function like “law factories,” where cases are placed on a standard track, and paralegals handle the case. Attorneys have very little to no interaction with clients or files. A firm might assign a junior associate to your case instead of the managing partner. Ask who will be handling your case before signing a retainer agreement. Make sure you feel comfortable with the agreement. You have the right to terminate your attorney and hire new counsel if you are not satisfied with their services.
The jury will decide your case based on the evidence. The strength of your case will determine whether the other party offers you a fair settlement. This means that the better your case can be defended, the higher your chances of winning. It is important to preserve evidence as soon after an accident as possible. You risk losing or misplacing evidence, witnesses may disappear, and memories fade over time.
Here are some tips for preserving evidence
- Photograph the accident scene, defective premises or product, and any visible injuries, such as swelling, cuts, and bruises.
- Note the accident site. You can also write down any landmarks, streets, or other information if you’re unfamiliar with the area.
- Report the incident. Call the police if you are in an accident. Report any injuries sustained on another person’s property to the occupier or landowner.
- Get Video Surveillance. You should be alert for any video surveillance cameras that might have captured the incident. Request a copy.
It is important to get contact information and the names of witnesses. You will need a copy of any police report. To gather detailed witness statements from witnesses and prepare the case, your attorney will need to follow up on this information.
Seek Medical Treatment
A fair settlement in a personal injury case is a fair payment for your losses and injuries. You will need to have a clear picture of the extent of your injuries to achieve this. Doctors and other medical professionals will be needed to assess your injuries and create a treatment plan. Documentation can encourage the other side and push them to offer a better settlement.
Even if you aren’t sure about the extent of your injuries, it is essential to seek medical attention. You should follow any treatment recommendations made by your doctor. You should seek any physical therapy or treatment for post-traumatic stress and flashbacks.
Stay Away from Social Media
Social media have destroyed many personal injury cases. Anyone can find and use comments and photos posted on social media sites like Facebook, Twitter, or Instagram. Defense attorneys will search the internet vigorously for information they can use against you in court cases involving personal injury. The writer witnessed defense lawyers using seemingly mundane photos as evidence that Plaintiffs have made a full recovery or exaggerated their symptoms. If you pursue a personal injury lawsuit or claim, please do not use social media.
Don’t Jump at The First Offer
Insurance adjusters will often start negotiations by offering a low amount. The adjuster uses this tactic to determine if you can understand your claim worth and your patience.
Your response to a first offer should be based on whether it is reasonable but too low or just a tactic to find out if you know what you are doing. If you feel the offer is reasonable, it’s possible to counter with a counteroffer. This shows that you are also fair and willing to compromise, which will impress the adjuster. You can quickly reach a settlement that you agree is fair by engaging in more negotiation. Do not reexamine all facts during negotiations. Do not forget to emphasize your strongest points, such as that the insured is entirely at fault.
Talk with Your Insurance Company Carefully.
All the clients are advised not to give any recorded statements to insurance companies unless they have an attorney present. The insurance company will use evidence against you to pay you the lowest amount. They will attempt to trick you in every way possible, but you will not know the details.
It is not always necessary to speak with an insurance company. After consulting with an experienced New York personal injury attorney, you should not speak to an insurance company.
Explain Why the Offer Is Inadequate
Maximizing compensation requires convincing the other side that you have a strong case. If you receive a low settlement offer, you have the option of responding by explaining why you aren’t satisfied with it and providing documentation to support your claims.
A settlement rejection can let them know that you are committed to receiving the compensation they deserve and that your case is strong under the law. An attorney can help you with all aspects of rejecting a settlement offer and provide documentation as to why it is considered insufficient.
Don’t Be Afraid to Speak Out About Past Injuries and Accidents.
Injuries victims may have been in an accident before or have suffered an injury previously. This is rarely a problem if you don’t speak up about any prior injuries. Sometimes, injuries from the past may have healed and are no longer symptomatic. Sometimes, an accident or malpractice can worsen an already existing injury. A plaintiff can be awarded damages for injuries caused by the negligence of another party in a negligence suit. This includes compensation for the aggravation, exacerbation, or worsening of a preexisting injury or condition.
Credibility is crucial for a personal injury victim. It can negatively impact your claim if you lie about prior injuries or accidents. Your claim’s value will be reduced or eliminated if your credibility is damaged.
Be Honest About The Extent Of Your Injuries.
The saying “Honesty IS the policy” applies to negligence and malpractice claims. To get more money, you should not exaggerate or embellish your injuries. This is not only fraudulent, but it’s also against the law.
It doesn’t matter if you are making an insurance claim or testifying before a court of law. It is crucial, to be honest at all times. Exaggerating your claim will actually make your case worse than it helps. Defense counsel may hire an investigator to investigate your claims. The defense will use evidence to prove that you have exaggerated or fabricated your claims in court.
Get to Work On Your Personal Injury Claim
You must work on your personal injury case to maximize your claim. You need to plan and hire a personal injury attorney familiar with this area. Your attorney will conduct further investigation and gather more information from eyewitnesses to build a strong case.
A strong case will allow you to press the accused and get a fair entitlement. If you don’t have a strong case, the other side will use your situation to try and reduce the settlement offer.
You Should File Your Case as Soon As Possible.
Do not wait to file your case after an accident. This is because the law demands that you file your case within a certain period. You also have the option to take legal action so you can gather all evidence necessary for your case.
This is a convenient way to preserve evidence that can be used to support your case. This shows that you care about your case and are willing to face the other side in court.