If you or your loved ones have been a victim of an injury, you need to know what to do and not to do after the accident. It is not necessary that an accident will only lead to physical injuries, it could also lead to emotional trauma and loss of wages due to an injury. If you want to take steps to protect the legal rights after an accident has taken place, you will have to know the basics of the personal injury case and then learn about the tips you can use to increase the claim settlement.
A personal injury case is a legal dispute which will arise when an individual suffers injury or harm due to an accident and somebody else could be responsible for the same. This case could be formalized through a proceeding in the civil court or it could be resolved through the informal settlement process even before the official lawsuit is filed. In a formal lawsuit, the personal injury case will start when the individual chooses to file an official, civil complaint against another individual or another business or corporation alleging that they acted irresponsibility with an injury that led to the harm. Alternatively, in case of an informal settlement, majority disputes will be resolved through an informal settlement. Only those who are personally involved represent the sides. The settlement will be in the form of a negotiation which will be completed with a written agreement where each party will forgo any action and will choose to end the matter by paying an agreeable amount.
Here is how you can increase the claim settlement:
- No insurance company will be willing to pay money willingly. The company has a legal procedure where it will thoroughly investigate the facts of the accident in addition to a prior history of the medical conditions.
- You should never discuss anything with the insurance company unless you hire an attorney for the case. You can ask your family, friends or acquaintances to speak to the insurance company because their statements will not be used. If you say something, the statements might be used against you in the court of law. Do not discuss the case with anyone other than your attorney or your doctors.
- Be very open with your attorney with regard to the prior accidents of any pre-existing injuries and complaints. A lot of good cases are lost because the injured individual forgets to share important details or chooses to hide previous injuries from his attorney.
- Provide your attorney with the names and addresses of the doctors who treated you in the past. Most companies will try to get all the past medical records so as to prove that an injury existed before the accident and this could reduce your claim amount.
- The insurance company will keep complete records of every claim that is ever made and this information will be shared with other companies on their Database. When they have your information, they will be able to find virtually any claims you ever made. According to Jeffrey Preszler from Preszlerlaw.com, if an injured plaintiff and a defendant are both found to be at fault, the plaintiff’s recovery may be reduced according to their degree of contributory negligence.
- Get medical assistance and tell all the details to your doctors. The value of the claim will be measured according to the treatment and diagnosis by the doctor. If you are absolutely honest with the doctors, you will be able to receive maximum compensation for the claim. The doctor will only treat what he observed and what you tell him.
- Keep a list of all the prescriptions and the medicines you take. Save all the bottles of medicine and provide complete details of the medication.
- Maintain a diary of all the expenses you might have incurred since the accident. It should include a complete list of all the expenses no matter how big or small. It will help you remember details and you will be able to justify how the injuries have impacted your daily life.
- Begin thinking of the witnesses who could help you with the case in the future. It could be anyone who can testify with regard to the pain or suffering you have gone through.
- You need to keep the attorney informed about everything that can affect your case. Never ever sign any papers without consulting the attorney first and any application to the insurance company or a change in doctor should be immediately reported to the attorney.
- There is a possibility that you might be entitled to other insurance benefits and your attorney can help you coordinate with the submission of the same and it could also maximize your total recovery amount.
- Do not settle the claim before its time. Do not accept the first offer that is made to you. At times it takes many months to settle a claim and it could take longer for a case to be resolved. Some injuries take a lot of time to become evident which is why it is not in the best interest for the case to be settled too soon.
- Always know the Statute of Limitation. There is a period within which the personal injury cases need to be settled and the lawsuit will have to be filed so as to preserve the claim. Only when the claim is filed on time, it will be taken up in the court of law.
Keep these tips in mind when you or any member of your family suffers from an injury. In order to ensure that the claim is filed on time and you receive the maximum settlement, you will have to meet the requirements of the court. Hire a professional and experienced attorney who will be happy to guide you throughout the case and will also represent you in the court of law. He will ensure that there is enough evidence for you to receive the maximum compensation.
