Suffering a personal injury due to someone else’s negligence can be devastating, both physically and financially. While no money can undo the harm done, obtaining fair compensation can provide critical resources for medical treatment, rehabilitation, and making up for lost wages. With the right approach, you can maximize your chances of getting the compensation you deserve.
Consult with a Personal Injury Lawyer
Research by the Insurance Research Council has shown that plaintiffs represented by an experienced personal injury lawyer receive settlements valued 3.5 times higher than those who settle independently. An attorney understands how to build a strong case, negotiate effectively, and take the matter to trial if needed. They can advise you on reasonable compensation amounts and fight for your best interests.
Document Everything Related to Your Injury
Be sure to seek prompt medical attention after any injury and follow all prescribed treatment plans. Keep detailed records of symptoms, doctor visits, medical procedures, therapy sessions, medications, assistive devices, and anything else relating to your injury and recovery. Also retain evidence such as photographs and videos from the accident scene, police reports, medical bills and expenses, pay stubs showing lost wages, and other financial losses.
Gather Evidence of Liability
In addition to evidence regarding your injuries and damages, you need to prove the at-fault party’s liability through negligence or misconduct. Helpful evidence can include eyewitness statements, video footage, defectively designed or manufactured products, inspection reports showing safety code violations, and records demonstrating inadequate training or supervision. Your lawyer can obtain much of this through the discovery process.
Calculate Your Damages
Work with your lawyer to tally up both economic and non-economic damages relating to your injury. Economic damages include medical bills, lost income and benefits, diminished earning capacity, and other monetary losses. Non-economic damages cover pain and suffering, permanent disability or disfigurement, loss of enjoyment of life, and emotional distress. While tricky to quantify, these damages can be significant, especially in serious injury cases.
Be Realistic About Settlement Offers
According to the U.S. Department of Justice, only 4% to 5% of personal injury cases go all the way to trial. Of those that do, the success rate for plaintiffs is about 50%. In most cases, it makes sense to settle prior to trial if a reasonable offer is made. Be realistic about what a jury may award if the case did go to trial. The median award for personal injury cases is around $31,000, but amounts vary widely by case specifics. Your lawyer can advise if a settlement offer seems fair or if rejecting it and heading to litigation may potentially produce a greater award.
Go to Trial If Necessary
If the at-fault party refuses to negotiate in good faith, taking the case to trial may become necessary. This is a lengthier and more complex process, but it may be the best way to maximize your compensation. Your lawyer will advocate aggressively on your behalf throughout the litigation process. The average award for medical malpractice cases is around $679,000, demonstrating that large awards are possible when cases go before a jury.
Suffering a personal injury can be devastating on many levels. While holding the at-fault party responsible cannot undo the harm done, obtaining fair compensation can provide critical resources to help you heal, restore your quality of life, and get back on your feet financially. With the right legal support and strategic approach, you can work to build the strongest possible personal injury claim.
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