How To Make Sure You Get Compensated for Personal Injury

A personal injury claim is a legal right to compensation. If someone else’s misconduct caused you to suffer a physical injury, it’s likely that a personal injury claim has arisen in your favor.

A classic example is when someone broadsides your car after running a red light. If you get hurt, you can demand compensation from the at-fault driver. Your compensation might not be limited to your medical bills; it can also include things like your pain and suffering.

Do Not Apologize or Admit Fault for the Accident

In some areas of the country, “I’m sorry” doesn’t necessarily mean you were wrong. Instead, it just means you’re trying to be polite. However, the opposing party will definitely use your good manners against you.

Likewise, don’t admit fault for the accident. You might find out later you were wrong and that the accident was actually the other party’s fault.

Seek Immediate Medical Treatment

Seeking medical treatment serves two purposes:

- It serves your medical needs, and
- It generates evidence you will need for your personal injury claim.

Go to the hospital, at least for observation, if your body suffered any impact in the accident, even if you don’t think you are injured.

Some injuries don’t produce symptoms for hours or even days after an injury. Medical records are some of the most credible evidence you could possibly hope for.

Talk to a Personal Injury Lawyer

Personal injury attorneys typically offer free initial consultations, and they almost all work on a contingency fee basis. That means their legal fees are based on the amount of money you win.

It doesn’t matter whether you win this money in court or at the settlement table; your lawyer gets a certain pre-agreed percentage.

You might think it’s not worth it, but considering how much a good lawyer can raise the value of your claim, you’re likely to end up ahead this way.

Imagine, for example, agreeing that your lawyer gets 35% of your winnings. If your lawyer triples the amount of money that you win, they almost double the amount that you take home even after you pay your legal fees.

Stay Off Social Media

Do NOT talk about your case on social media. The insurance company might be watching, and social media posts generally qualify as valid evidence. Don’t upload a photo of you enjoying yourself at a party, even if it’s an old one.

Your best bet is to suspend your social media accounts entirely while your claim is pending. Tell your friends not to post anything about your accident as well.

Claim Non-Economic Damages

Don’t forget to claim non-economic damages. Non-economic damages compensate you for intangible losses such as pain and suffering. Pain and suffering compensation very frequently adds up to more than half the total value of a personal injury claim.

Do Not Accept ‘Lowball’ Offers From the Insurance Company

Wait until you get a good offer before you settle. The insurance company will, as a matter of routine, issue you a lowball offer at first, just to see if they can get you to take it.

You might be facing high medical bills, but don’t let desperation get the best of you. Let your lawyer estimate the true value of your claim, and don’t settle for (much) less.

File a Lawsuit When Necessary

As stated by Tillmann Law Personal Injury Lawyers there are at least two situations when you should file a lawsuit:

- The statute of limitations deadline is looming, and
- Settlement negotiations have broken down.

Either one of these circumstances justifies you filing a lawsuit. Filing a lawsuit doesn’t mean you’ll necessarily go to trial. You can always withdraw your lawsuit in exchange for a settlement.

Under no circumstances should you miss the statute of limitations deadline to file a lawsuit, because that will kill your claim immediately. In Oregon, the personal injury statute of limitations deadline to file a lawsuit is usually two years after the date of the accident.

Contact a Personal Injury Lawyer for a Free Case Review

Most personal injury attorneys offer free initial consultations. If you believe you might have a case, it’s almost certainly in your best interest to take advantage of this opportunity. During your appointment, the lawyer can review your case and shed light onto your legal rights and options.

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Posted - 04/08/2024