Are you considering whether to hire a personal injury lawyer after an accident or injury? If so, you should consider how personal injury lawyers maximize your compensation for an injury claim.
You are going up against an insurance company or corporation with endless resources to fight your claim. Hiring a personal injury law firm evens the playing field to help you receive a fair financial recovery for your injuries. Read on to learn the ways that personal injury lawyers maximize the amount you receive for your claim.
Gathering Evidence to Prove Your Claim
Injured parties have the burden of proof in a personal injury claim. You must have sufficient evidence to prove all legal elements of your claim.
For example, if your claim is based on negligence, you must prove:
- The party owed you a duty of care
- That party’s actions breached their duty of care
- The breach of duty was the proximate and direct cause of your injuries
- You incurred damages and sustained injuries
Gathering evidence can be challenging for injured parties. A thorough investigation can be time-consuming and costly. A personal injury attorney has the resources to complete the investigation. They also understand the law and the types of evidence that can be used to prove your claim.
Calculating the Current Value of Your Damages
A personal injury claim includes compensation for several types of damages. Insurance companies undervalue damages, including downplaying damages for pain and suffering. Many people do not know about all the damages they could receive.
A personal injury lawyer evaluates the full extent of all damages, including economic and non-economic damages.
Economic damages are your tangible financial losses and include loss of income, medical expenses, and out-of-pocket costs.
Your non-economic damages are more difficult to calculate. They include your pain and suffering, permanent impairments, and diminished quality of life. A personal injury attorney considers the value of your emotional distress and mental anguish.
A personal injury lawyer gathers the property documentation to prove the extent of your damages. They may hire various expert witnesses, including medical specialists, financial professionals, and vocational experts, to assist in determining the extent and value of damages.
Defending You Against Contributory Fault Claims
Contributory fault laws can impact how much you receive for a personal injury settlement. The laws vary by state. Some states have a pure comparative negligence law, like California. Damages are reduced by the percentage of blame the victim has for causing their injuries.
Other states set a 50- or 51% limit for a victim’s fault in order for them to receive compensation. If their fault exceeds the limit, they cannot recover damages for their injuries. Four states and the District of Columbia bar all damages if a victim has any liability for their injuries.
Insurance companies often shift the blame to the victim to avoid paying a claim. Experienced injury lawyers understand this tactic. They are prepared to fight allegations of contributory fault.
Negotiating a Fair Settlement
Personal injury attorneys are skilled negotiators. They understand how insurance companies try to avoid paying fair amounts for injury claims. Your attorney knows the value of your injury claim. They use their negotiation skills to make compelling arguments for settlements based on the full value of your damages.
Litigating Your Case in Court
When you hire an injury lawyer, ensure the attorney has trial experience and is willing to take cases to court. Insurance companies know which attorneys are willing to argue cases in court, which can make a difference during negotiations.
Trial lawyers handle cases as if they are taking the case to court. Therefore, they are prepared to file a personal injury lawsuit if necessary. Effective trial preparation maximizes your chances of winning your case in court.
Work With an Experienced Personal Injury Lawyer to Secure the Compensation You Deserve
Hiring a personal injury lawyer increases your chances of receiving a settlement or jury verdict that adequately compensates you for your injuries and damages. Personal injury attorneys offer free consultations. Therefore, it is in your best interest to obtain legal advice before you decide how to proceed with your injury claim. Your case could be worth much more than the insurance company offers for settlement.
