If you are negotiating a settlement with the insurance company, you can increase the settlement value of your personal injury claim by establishing liability and presenting evidence of the actual value of your case. Your attorney can estimate your total case value based on your medical expenses, lost wages, property damage, pain and suffering, and other factors.
It is important to keep careful records and all documents relevant to the case so that your lawyer can present them to the insurance company as proof of your damages. Furthermore, you may want to seek legal consultation and representation from an attorney who can take on the insurance company on your behalf.
How To Maximize Your Settlement
The next steps you take immediately after an accident may determine what the insurance company is willing to compensate you. Therefore, you should understand your legal options and what actions you may take if you want to increase your personal injury settlement.
Some ways that you can get the maximum compensation possible include:
- Seek medical treatment immediately
- Collect and preserve all evidence
- File your personal injury claim as soon as possible
- Aim for the full value of your claim
- Do not accept the first offer without review
- Include past, current, and future damages
You may also want to seek legal consultation from a personal injury attorney. An attorney can guide you through the legal process and help you avoid common pitfalls. For instance, they can advise you on proper communication, public relations, how to act professionally, and why you should not accept the insurance company’s first offer.
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Damages That You Can Claim in a Personal Injury Accident
To increase your personal injury settlement, an attorney can work with you to explore all possible damages you have suffered. The most common damages in a personal injury case include:
Medical costs may make up the most substantial part of your claim. Make sure you obtain all medical reports, invoices, and receipts so that your lawyer can calculate the total amount of your expenses. Medical expenses may include ambulance services, ER visits, medical procedures, recovery room stay, medication, medical devices, rehabilitation, or in-home services.
Lost Income from Work
You may have missed several days of work during recovery. As a result, you lost pay and benefits. Your employer can submit documents as proof of lost wages. This evidence may increase your personal injury settlement and count toward your case value.
Non-economic damages often include pain and suffering or loss of consortium. Pain and suffering can range from severe physical discomfort, post-traumatic stress disorder, or loss of companionship. You may also be able to include any counseling or therapy you received to cope with your injuries.
How To Establish Your Personal Injury Claim
To receive a higher settlement from the insurance company, you must first establish that someone else is responsible for your injuries and subsequent damages. Your personal injury attorney can build your case by providing evidence such as:
- Accident report
- Medical records
- Eyewitness accounts
- Expert testimony
- Photo or video footage
Your lawyer can investigate your case to determine the facts and establish who is responsible for your injury. Furthermore, they can develop a legal strategy to fight for a higher settlement and get you the maximum compensation based on your case value.
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Negotiating with the Insurance Company
The most challenging part of winning a personal injury claim or a lawsuit is engaging with the insurance company. If you have no legal experience, an insurer may take advantage of you or deny your claim with zero accountability. Additionally, you may not know how to navigate the complex legal system.
When an insurance company does offer a settlement, it is often too low and does not reflect the actual value of your damages. Your lawyer can become your most valuable advocate, engaging with the insurer on your behalf to give you legal leverage. If the insurance company does not settle or denies your claim, your attorney can file a lawsuit and represent you in court.
Therefore, you do not have to settle for the insurance company’s decision.
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You Do Not Have To Accept the Insurance Company’s First Offer
Insurance companies are hesitant to pay personal injury settlements. An adjuster may try a variety of tactics to elicit a certain response. For instance, they may delay the process, deny the claim, submit a low offer, or complicate the issues. At the very least, they may attempt to make you feel that you have no leverage to negotiate a settlement. In essence, the insurer is counting on you to accept the first offer.
However, you have the legal right to deny a low offer or challenge a claim denial. Your lawyer can continue to fight for a fair settlement and work toward getting you the maximum compensation possible for your damages. So, do not accept the insurance company’s decision regarding your case.
Seek Medical Attention to Increase the Settlement Value of a Personal Injury Claim
Another way to increase the settlement value of a personal injury claim is to seek medical attention. Your personal injury lawyer can use your medical documents to connect the accident to your injuries and work to hold a responsible party liable.
Your medical records can also help them estimate the value of your case. For example, if you suffered severe injuries, you may require long-term medical care, such as physical therapy. You will want your settlement offer to account for such future accident-related expenses.
Get Help from a Personal Injury Lawyer in Indianapolis, IN
Sevenish Law Firm, P.C. represents victims in personal injury accidents. We handle a wide range of accident cases in Indianapolis, Indiana. Call us for a free case review with a personal injury attorney who can help you fight for an agreeable settlement, but do not wait too long. Indiana’s statute of limitations, IC 34-11-2-4, only allows you two years to file a personal injury lawsuit. Call us today.