Personal injury laws give accident victims a cause of action to seek economic and non-economic damages for a personal injury claim. Damages are the remedy when another party causes you to sustain injuries, financial losses, and emotional distress because of negligence, intentional torts, or other wrongdoing. The courts cannot undo what happened to you, but they can hold the at-fault party financially liable for your losses.
Most personal injury lawyers solve cases through settlements. The parties negotiate a settlement that requires the at-fault party to pay the injured party a specific amount of money. The injured party releases the at-fault party for all liability for the claim.
Liability insurance companies are involved in many personal injury cases. The companies handle the settlement negotiations with the injured party. However, insurance companies prioritize their best interests. In other words, the insurance company pays as little as possible to settle the claim. Insurance adjusters use numerous tactics to undervalue and deny claims.
What Should I Do After My Accident?
Knowing what to do after an injury or accident is important to maximize your compensation for a personal injury claim. There are many steps you can take after your accident to increase the value of your claim. You should:
Preserve Evidence After the Accident
In at-fault states for personal injury claims, you have the burden of proving the other party caused your injuries. Therefore, preserving evidence increases your chance of receiving fair compensation for your claim.
If you are in an accident, take pictures of the accident scene and make a video to preserve evidence. You should also ask eyewitnesses for their names and contact information.
Seek Prompt Medical Treatment
Medical records help prove that you sustained injuries and the extent of those injuries. Regardless of whether you believe you sustained injuries in an accident, it is wise to see a doctor as soon as possible.
Delays in medical treatment could hurt your personal injury case. Failing to follow your doctor’s treatment plan could also reduce your chance of receiving maximum compensation for your claim.
Document Damages
Economic damages are your financial losses, including medical bills, lost wages, and out-of-pocket expenses. Keep detailed records of all payments and expenses related to the accident, your injuries, and your recovery. Also, keep records of your loss of earnings and income.
Non-economic damages represent the pain and suffering that you experience. They include emotional distress, physical discomfort, and loss of enjoyment of life. Start a pain and suffering journal to write down the details of your recovery, including your emotional state, pain levels, and things your injuries prevent you from doing.
Determine the Value of Your Damages
Economic damages equal the total of all financial losses. If you sustained a permanent impairment, you should include future damages for ongoing medical treatment, loss of earning capacity, and other expenses.
Non-economic damages are challenging to value. There is not a standard formula that all parties use. Instead, the value of your pain and suffering is based on the factors in your case. Factors include the type and severity of injuries, permanent impairments, scarring and disfigurement, and emotional suffering.
Insurance companies offer the lowest amount they believe injured parties will accept. They take advantage of the fact that most people do not understand personal injury law and how to value damages correctly.
If you sustained serious injuries or a permanent impairment, it is best to seek legal counsel before accepting a settlement offer. If you accept a settlement offer, you give up your right to file a lawsuit, even if the settlement is below the value of your claim.
Should I Hire a Personal Injury Lawyer for My Personal Injury Lawyer?
Hiring a personal injury lawyer improves your chances of recovering the compensation you deserve for a personal injury claim. An attorney understands personal injury laws, the rules of evidence, and how to maximize the value of damages. Your attorney will negotiate a fair settlement based on the factors in your case. If the insurance company refuses to negotiate in good faith, your lawyer can pursue a claim through the court.
Most personal injury attorneys offer a free consultation. Call one today if you want help with your legal claim.
