Maximizing Compensation After a Personal Injury: Key Tips

With only one in every 20 personal injury cases ending up in trial, you (and your lawyer, obviously) got to know how to maximize compensation in case of a settlement. And, if you think compensation is easy money, then think again. You and your lawyer will need to go through a duel with the insurance company to reach a favourable compensation.

In this article, we will walk you through some practical tips that can actually help you maximize your settlement. From proper documenting to preserving evidence and anything in between, we will explain everything to you without the legal jargon.

So, let’s get to it.

What most insurance companies don’t want you to know

When you file a personal injury claim, you may expect to receive fair compensation. And, that’s how it should be, you were injured by someone else’s fault and now the at-fault party should pay for its fault in full.

However, real life is different (and in some cases opposite) to what you might expect. The insurance company, representing the at-fault party will try to weaken your case, so that you may end up with minimal or even no compensation at all.

Insurance companies are businesses, and they will try their best to save every penny they can, it doesn't matter if it comes at the cost of your well-deserved compensation.

Most insurance companies will:

• Delay the case unnecessarily
• Offer ridiculously low settlements
• Blame the victim
• Not consider the severity of your injuries
• Misrepresent the policy terms
• Ask for a recorder statement (so, you can mess it up yourself)
• Denying liability (partially or completely)

That’s probably one of the biggest reality checks after an injury. But this is how the world works. Anyway, with the right knowledge and doing what’s needed you can still walk out with a decent compensation to cover for most of your damages.

7 Tips to maximize compensation after a personal injury

Let’s simplify the legal landscape for you with these 7 practically tested tips. These will help you outsmart the insurance companies and rival lawyers, and get you what you truly deserve: A handsome settlement.

1. Document everything

First things first. Document everything after the incident. Don’t miss any minor details, take clear photographs of the scene, your injuries, collect names and details of the witnesses.

The documentation does not end here. Immediately seek medical attention and document the physician's findings. Not all injuries appear immediately after the incident, so wait a few days, see the physician regularly and keep a record of all his/her findings.

2. Watch what you speak on the accident scene or on social media

Always remember, the rival lawyer or insurance company is on the hunt for any misstep from you. Don’t give any statements on the accident scene or on social media that can be used to weaken your claim.

Stay away from social media for a while, and if you can’t, don’t talk about the incident over there. Never talk to any insurance adjuster without your lawyer and when you do, don’t talk about whose fault it was.

3. Hire an experienced personal injury lawyer

Insurance companies have a high budget, and they will hire the best lawyer to cut corners from your settlement. So, don’t let them walk over you by opting to fight your own case, and hire an experienced personal injury attorney to fight the case for you.

Self-representation is risky, even when you are struggling with physical and emotional trauma. For pro se injury cases, the success rate is 5% and even in those rare wins the compensations are minimum.

4. Don’t settle too quickly

Most insurance settlers test the water with a lowball settlement; don’t fall for that. It's really hard to resist the temptation to accept the first settlement they offer, especially when you are in dire need of money.

Access both the present and future implications of your injury, have a figure in mind, and do not settle for any less than that. If they are offering something without you pressing on them, then it means they will not hold for long.

In most personal injury cases, it's about who gives in first, so you stay patient, and know what your settlement is worth.

5. Consider only ‘No win, No fee’ law firms

Take the attorney’s fee out of the equation and hire a law firm that takes no fee unless they win the case for you. It takes great pressure off you, when you know that you can pay the lawyer’s fee after you win the claim.

Without this added pressure, you can be much more relaxed and not fall for the first settlement offer by the insurance company.

6. Factor in future damages

Some injuries can have long-lasting implications, so consider them when you file for a claim. You may need rehabilitation, ongoing medical assistance or therapy sessions to fully recover from the injury. Consult a physician who can understand and document any future damages associated with your injury.

7. Be patient with the legal process

In the US, a civil case takes nearly two years to reach a resolution. So, you cannot be impatient with the legal proceedings, as they go at their own pace. Yes, it can be frustrating to wait for the compensation, but rushing is never an option. It can end up really bad for you, as you may not get what you badly needed.

So, be patient and hold on to your end tight while your attorney builds a strong case and negotiate effectively on your behalf.

Take away

Getting the desired compensation in a personal injury case is like attempting the impossible. The insurance companies (or rival lawyers) will trick you in any way possible, making you settle for far less than what you deserve.

However, by knowing how to maximize injury compensation and having the right personal injury attorney by your side, you can get the desired compensation with ease and grace.

So, don’t panic! Contact Hillstone Law when in doubt, and enjoy our unmatched No-win, No Fee guarantee.