How to Maximize Your Personal Injury Damages

by Greg Baumgartner on Sep. 03, 2018

Accident & Injury Personal Injury Accident & Injury  Car Accident 

Summary: Here are seven tips to help maximize your damages with a personal injury claim.

Here are seven tips for maximizing your personal injury compensation after an accident.

 

1). Document the Accident

 

Whenever possible, it is best to obtain as many facts as you can regarding the accident, including taking photographs of the scene, noting any witnesses' contact information, getting pictures of vehicles or instrumentalities, and preserving evidence.

 

The injured person has the burden to prove their case, and independent witnesses and photographs can go a very long way in that regard. The importance of an early investigation by personal injury lawyer and of the client documenting information at the scene cannot be overstated. This is especially true with 18-wheeler accidents or other complex injury cases.

 

2). Seek Prompt Medical Care

 

The sooner you see a doctor after your accident, the better off you will be as far as a personal injury claim goes. Long delays in initial treatment can make the proof in your case much harder than it should be. Usually, a person will delay seeking medical care, hoping the problem will disappear without medical help. In other words, the person tries to tough it out, and the consequences are that it hurts their personal injury claim.

 

3). Get Specialists Involved When Needed

 

One of the most important aspects of a personal injury claim is identifying the injuries sustained in the accident. Many primary care physicians are not equipped to test for or deal with injuries that require specialist care. Whether it is a neck or back injury requiring the input of an orthopedic surgeon or a closed head injury that may need a neurologist or neuropsychologist, obtaining specialist help when needed is important for your case. The more serious the injury, the more likely it is that you will need a specialist to diagnose your problems and help you recover faster.

 

Likewise, specialized testing should be utilized whenever possible to diagnose the injury immediately after the accident. Hospital emergency rooms are geared to dealing with life-or-death situations and generally will not order expensive, sophisticated testing unless they believe the situation might be potentially life-threatening at the time. If you have a spinal cord injury, x-rays will only show fractures and will not show problems with your discs, which require an MRI or CT scan for proper diagnosis.

 

4). Always Follow Your Doctor’s Orders

 

Following your doctor’s instructions to the letter is important for your speedy recovery and demonstrating your commitment to recovery. Failure to follow your doctor’s instructions can infer that the injury may not be as serious as it is. Personal injury victims look poorly in front of juries when cross-examined on their failure to follow their physician’s instructions.

 

5). Avoid Lapses In Treatment

 

One common problem of personal injury victims is the dreaded lapse in treatment scenarios. It is a red flag to the insurance company evaluating the case and can make it very hard to settle your claim before trial. Further, lapses in treatment tend to suggest that the injury was not serious or the problems faced by the victim were insufficient to seek medical care. As in failing to follow your doctor’s orders, failing to get care timely usually results in a lesser monetary recovery.

 

6). Don’t Give Statements To The Adverse Insurance Company

 

If you are in a serious accident or one in which the adverse company could face substantial exposure, you can expect the insurance adjuster to contact you and request a recorded statement from you shortly after the accident. Often this happens the day after the accident and before many people have been diagnosed for all of their injuries. Giving a statement to the adverse carrier never helps your cause and certainly can hurt your case. Innocent comments can be taken out of context and used against you.

 

7). Hire The Best Personal Injury Attorney

 

Personal injury victims should thoroughly research attorneys before signing any paperwork with the lawyer. Too often, a victim will hire an attorney a friend or family member has recommended, only to find out later that the attorney is either not a personal injury lawyer or the best attorney for their case.

Consumers must make educated choices regarding the attorneys they are considering before retaining one. We recommend that you research lawyers and meet with several before choosing to ensure that the attorney has the experience and track record necessary for your type of claim.

 

Also, be wary of the law firm that will pawn off your case to new other attorneys in the law firm, and you end up with the short end of the stick. If you feel the lawyer talking with you may not do the work, ask specifically who will be doing the work on your case and who will answer you on the status of the case. If you cannot get a commitment from the attorney meeting with you that they will individually handle your case, you may want to consider another alternative.

Get a lawyer with expertise in the area of law for your case. If you were hurt in an accident with a big rig, find a law firm with a reputation for excellence with 18-wheeler accidents. Learn more.

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