How to Fight for a Bigger Personal Injury Settlement

If you’ve been injured as a result of someone else’s conduct, you’re likely in a position to negotiate for a personal injury settlement; this payout is designed to compensate you for all objective and subjective expenses you incurred as a result of negligence. 

With the help of a lawyer, you can fight for a bigger personal injury settlement in many cases.

But how exactly do you do it?

Hiring the Right Lawyer

Everything starts with hiring a personal injury lawyer. Your lawyer is going to help you through every step of the process, from initially going over the details of your accident to negotiating on your behalf. If negotiations fail, they’ll even be responsible for representing you in court.

Accordingly, one of the best moves you can make is hiring the best personal injury lawyer you can afford. Lawyers with more expertise, experience, and skill are going to be fiercer, more competitive negotiators, therefore putting you in a more favorable position. 

On top of that, they’ll also provide you with better recommendations, more support, and clearer communication along the way.

Types of Damages in Personal Injury Cases

There are many types of damages that you can win in a personal injury case, such as:

·       Medical expenses. One of the biggest categories is going to be medical expenses; you’re entitled to compensation for medical expenses incurred because of someone else’s negligence, including bills for appointments, prescription medications, physical therapy, and more.

·       Property damage. You’re also entitled to compensation for property that has been damaged as a result of negligence.

·       Lost wages. If you’re out of work because of the accident, the negligent party will owe you lost wages. This is typically calculated based on what you would have made otherwise.

·       Pain and suffering. Pain and suffering may be a bit subjective, but it’s still compensable as a matter of law. If you endured or continue to endure significant pain, it may be compensable.

·       Loss of consortium. If you lost a parent, spouse, or other significant loved one, you may also qualify for loss of consortium damages.

·       Punitive damages. In very rare cases, the negligent party may also be responsible for punitive damages, designed to punish them for particularly egregious behavior.

Improving Your Position

So how do you improve your position to win on these damage claims?

·       Seek proper medical help. Even as a victim, you have a duty of care to yourself. After the accident, it’s your responsibility to seek proper medical treatment; otherwise, the negligent party can claim that some of your injuries are a byproduct of your lack of action, or worse, that there’s no way to prove your injuries were a result of the accident. Get to the hospital as soon as possible for a thorough examination, follow all medical advice, and make sure you attend your follow-up appointments as well.

·       Keep receipts. Additionally, it’s important for you to keep receipts. You’ll need to prove damages you’ve sustained, so be ready to present objective evidence to that effect. Medical bills, car repair bills, and receipts for purchases you had to make because of the accident can all be valuable.

·       Gather as much evidence as possible. Along similar lines, you should gather as much evidence as possible. Your lawyer will help you with this, but you should be ready to present photos, videos, witness testimony, and other pieces of evidence to help your cause.

·       Trust your lawyer. Finally, make sure to trust your lawyer’s advice. Your lawyer has a fiduciary responsibility for you, and they stand to benefit from winning you a larger settlement. Accordingly, you should follow their recommendations as precisely as possible.

Negotiating Strong

When you begin negotiating for a settlement:

·       Be patient. Remain patient during this process. Negotiations can be stressful, uncomfortable, and even irritating. But if you rush too quickly to close the process, you might agree to a settlement that isn’t in your favor. Instead, take your time and be willing to push for what you want.

·       Consider your options carefully. Always review your options carefully. A settlement offer may not be perfectly in line with your vision, but is it reasonable?

·       Weigh the pros and cons of a potential trial. Most disputes are kept out of court, on purpose, by both parties. However, there are some situations where you should be willing to go to trial. It could set you up for a more favorable negotiating position or put more pressure on the other party to find an agreeable solution.

With the help of a good lawyer and the strategies in this guide, you can improve your negotiating position and ultimately win a bigger personal injury payout. That said, there are no guarantees in this space, so remain patient and open-minded about the possibilities.