
Getting the best possible settlement for your personal injury claim requires preparation, evidence, negotiation skills and patience. However, you don not have to stick to the traditional process and end up getting less than what you deserve. Here are some of the most effective tips for maximizing your injury claim payout.
Hire an experienced personal injury attorney
An attorney who specializes in these types of cases and has a successful track record can make a big difference in the outcome. They know how to value claims properly, negotiate effectively and take your case to trial if the insurance company does not offer a fair settlement. The best San Luis Obispo personal injury lawyer will usually work on a contingency fee basis. As a result, you don not pay them unless they recover compensation for you.
Get prompt medical treatment
It’s crucial to get medical care right away after an accident, even if you don not feel that badly hurt at first. Downplaying injuries or waiting to get treatment can reduce the value of your claim. Get fully evaluated and follow all the doctor’s treatment recommendations. This documents the extent of your injuries and shows the insurance adjuster you are serious about getting well.
Gather evidence supporting your injuries and losses
Keep track of medical expenses, costs related to missed work or lost income, property damage repair bills, costs for household and caregiver assistance if disabled and any other monetary losses from the accident. Also document intangibles like pain and suffering through a journal or statements from others impacted by your accident injuries. Photos or video of accident damage, visible injuries and rehabilitation progress also help support settlement negotiations.
Give a well-documented demand letter to the insurance company
Work with your attorney to develop a professional demand letter listing all your accident-related damages and injuries down to specific dollar amounts after youhave completed medical treatment. Provide medical records, expense documentation and associated evidence. The insurance company will use this to come back with a settlement offer, which your attorney can then negotiate upwards.
Be flexible in negotiations
Approach settlement talks cooperatively and don not start out with unrealistic expectations. Be willing to justify your demands with evidence and listen openly to counteroffers. Maximize common ground with the adjuster and use skillful back and forth discussion to demonstrate the validity of your claim rather than just stubbornly sticking to a rigid number.
Hold your ground on important points impacting case value
While keeping negotiations friendly and flexible on some aspects, don not automatically cave on key pieces like the severity of injuries, pain and suffering levels, missed work time spans or treatment needs still required. Calmly stand firm if you have solid documentation these issues support higher compensation than what the insurer wants to spend.
Use your trial option for leverage if needed
Insurance companies often settle stronger cases for more money right before trial to avoid courtroom risks and litigation costs. If negotiations reach an impasse despite your reasonable stance and supportive documentation, your attorney can recommend setting a court date. This may prompt the insurer to come back to talks with a better offer.
Consider settlement add-ons
On top of the base settlement or jury award amount, you may be able to negotiate case-specific concessions like all remaining medical bills related to accident injuries paid should complications arise needing additional treatment. Future medical costs, especially for permanent conditions like loss of limb or spinal cord damage, can be part of settlements also.
Don not rush the process
Settlement talks depend on building case evidence through the full course of medical treatment and gathering documentation about all monetary damages incurred before demanding payouts. Move promptly if injured to start this process but then continue working with your attorney methodically over the ensuing weeks or months as your losses mount and medical prognosis clears.
Final Words
With smart strategic negotiations, patience through the process and skillful legal guidance maximizing case evidence, injury victims can often settle claims for top dollar even with resistant insurance carriers. Do your homework in advance and don not jump at quick offers that seem low for what youhave gone through. Taking time to build negotiating leverage based on true accident costs frequently results in greater compensation in the end.