8 Ways To Win Your Personal Injury Claim

win personal injury claim

When you're injured by another person's negligence, with no fault of your own, you may think that it's enough to cash in on whatever the insurance adjuster gives you. You've suffered a lot from your physical injuries, so why risk the inconvenience of asking for more, right? Especially if your recovery has been difficult, you may be trying to avoid reliving the incident as much as you can.
However, try going beyond your current distress and contemplate how the injury affected your ability to return to work. Carefully examine the adjustments you needed to make to do the simplest of daily chores. Have you considered where you would get support for your continuous rehabilitation? What about the injury's impact on your partner or children?

These questions can make you pause and consider filing a personal injury claim so you can receive compensation for all the pain and suffering you and your family went through. Since you're up against some tricky insurance adjusters who only have their interests in mind, you’ll need to do everything in your power to make sure you get a fair amount. And most of the time, it’ll be more than their initial offer.

Ways To Win

Whether in a settlement or a lengthy trial, your main goal is to receive appropriate compensation for your tragic experience. Focus your vision on the possibility that you’ll win a personal injury settlement, as described in detail in this post. To ensure that outcome, you'll need to remember the following tips:

1) Gather And Protect Evidence

Evidence is vital in personal injury claims. Have photos of your injuries and the area where they happened. You would also need to obtain copies of your medical records and hospital bills. Witness statements, police reports, and your recollection of the event can also help build your case. Make sure to keep copies of all necessary documents and present them to the adjuster or the court.

2) Seek Medical Treatment 

Always seek medical treatment even if your injuries seem minimal. It’s best to consult with medical experts early on, as they can assess the extent of your injuries and prevent future complications. Your doctor can even attest to the extent of your injuries to justify your claim.

3) Consult A Personal Injury Lawyer

Since you’ll be dealing with insurance companies that have it in their best interest to give you as little money as possible, you’ll need a professional to advocate for your rights.
Personal injury lawyers are adept at analyzing your claims. They may even have access to additional resources (access to CCTV footage, government records, expert testimonies, etc.) to boost your case.

4) File Within The Statute Of Limitations

You can't expect to win your personal injury claim if you don't file your case within the prescribed statute of limitations for your state, which can be anywhere from one to six years from the date the injury occurred. Your case may feature unique circumstances like defective products or dangerous medications whose effects do not manifest quickly, which will allow your lawyer to use the 'discovery of harm rule' as a basis.

5) Enter Into Negotiations

You might be strapped for cash due to your substantial medical expenses, but this shouldn’t cause you or your lawyer to accept a low offer for compensation. You can ask your lawyer to draft a response letter to show that you’re willing to compromise and negotiate an injury settlement.

6) Explain Why An Offer Is Inadequate

Insurance adjusters are bent on retaining money for themselves, so they'll give try to give you a low offer. This will test you and your lawyer's bargaining power, so you'll need to emphasize emotional points expressing why you think they should reconsider.
Show them a picture of your wrecked car, a video of your therapy sessions, or point out that injuries hinder you from caring for your children. Give them an estimate of your lost work opportunities and how you'll need to make personal and family adjustments to your disability.

7) Be Patient 

Negotiations in and out of court take time, so you need to be patient while waiting for the insurer's response to your counteroffer. Even when you think that they’re using time against you, just remember that your struggle will be worth it in the long run.

8) Put Your Best Foot Forward 

It would help if you’re consistent with your claims throughout the case. Refrain from posting about your injuries on social media, as this could negatively affect your claims. Should your case go to trial, you'll need to prepare yourself mentally to recount the experience and answer any questions about the incident.
Turning a personal injury claim into a winning case requires you to maximize all available resources so you can convince the insurance adjuster or the jury that you deserve more for the injuries you sustained. An experienced personal injury lawyer can help build your case and advocate fair compensation for your suffering and lost opportunities.

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Posted - 04/19/2021