Published
Accidents happen when we least expect them. Unfortunately, accidents can leave us with more than just bumps and bruises. The aftermath of an accident may involve physical pain, emotional suffering, and significant financial losses.
If you were involved in an accident that was not your fault, seeking a personal injury settlement may be your path to justice. A personal injury attorney can help you seek fast compensation by negotiating a settlement on your behalf. But what should you expect when negotiating a settlement, and how can you prepare for the process?
Factors That Affect the Value of Your Personal Injury Settlement
What is a personal injury settlement, and how can you help your settlement claim along to achieve a fast but satisfactory resolution?
A personal injury settlement is the out-of-court resolution between you and the individual responsible for the incident that resulted in your harm or damages. Settlement agreements may also be reached with the liable party’s insurance company.
A settlement is meant to compensate you for your losses, but many factors come into play when determining the value of an injury case. Each case is unique and must be evaluated based on its specific circumstances. The following factors may impact your settlement’s worth.
The severity of your injuries
The severity of your injuries can heavily influence the monetary value of your personal injury claim. The more badly you are hurt, the more extensive medical treatment you may require.
Your injuries may even result in long-term disability. Cases involving disability tend to have higher settlement values.
Medical bills and rehab expenses
The amount you have spent or will spend on medical bills may be a significant consideration when determining the worth of your compensation claim.
Your medical expenses may include:
- Therapy
- Immediate medical care
- Rehabilitation services
- Specialized equipment
- Hospital costs
- Surgeries
- Medications
Emotional distress
Personal injury cases may involve emotional harm suffered by the injured party due to the accident. A plaintiff may also feel emotional distress due to the pain of being injured.
Compensation for emotional distress may be awarded depending on state law and how your case is presented in court.
Liability
Proving negligence is a crucial component when seeking compensation for personal injury claims. If it can be proven that another party’s negligence or intentional wrongdoing caused the injuries you suffered, you may receive a fair settlement.
Insurance policy limits
Insurance companies typically have maximum payout limits outlined in coverage policies. These policy limits may cap how much compensation you are eligible to receive. You may need to file a lawsuit if your expenses exceed your policy limits and settlement negotiations fail.
Each case is unique with its own set of circumstances. There is no one-size-fits-all formula for calculating the worth of a personal injury settlement, which is why you should speak to a lawyer to make sure your expectations are realistic.
How to Prepare for Settlement Negotiations
Preparing for a personal injury settlement is crucial to achieve the best outcome possible. Here are some steps you can take to help strengthen your compensation claim.
Consult an experienced personal injury attorney
Hiring a skilled personal injury attorney can make all the difference in the success of your claim and the size of your settlement. The right attorney should know how to navigate the complex legal process and advocate on your behalf.
Gather evidence
Proper evidence is essential to pursue a successful claim. You may be able to provide certain types of evidence, such as texts or emails between you and the at-fault party regarding an existing hazard, from before the accident. However, the collection of evidence is best left to your legal team – as there is a wide range to seek out.
Your legal team will know what evidence may help your claim and can gather it lawfully. Remember, gathering evidence with the proper methods can help the admissibility of the evidence if your case goes to trial.
Your legal team can collect evidence such as the following:
- Police accident reports
- Photographs of your injuries and videos from the accident scene
- Witness statements and camera surveillance footage
- The at-fault party’s social media
- Other supporting documents
This evidence can strengthen your claim and provide a solid foundation for negotiation.
Maintain employment records
You may be eligible for more monetary compensation if you cannot work or if your injuries have affected your future income-earning ability. Thus, it’s worth it to track your lost income carefully.
Your lawyer can advise you on the documentation needed to prove your lost wages. You may need to provide pay stubs, financial statements, or employer letters to verify your missed wages or diminished income potential.
Document all expenses related to your claim
You should document any out-of-pocket costs related to the incident, such as transportation to doctor’s appointments. Such documentation can help prove the financial impact of your injury so you can get an appropriate settlement amount.
Act fast to protect your rights
In Connecticut, the limit for filing a personal injury claim is 2 years from the date of injury or else the date when the harm was either discovered or reasonably should have been found out.
Once these legal deadlines expire, you could be left without legal options or compensation. Therefore, you must act fast to protect your legal interests – by hiring a personal injury lawyer to handle your claim.
Communicate effectively
Communication is vital when working towards a fair settlement. Stay in regular contact with your attorney, respond promptly to any of his or her requests for information, and keep the legal team updated on changes in your condition or treatment.
Be prepared to negotiate
Settlement negotiations involve back-and-forth discussions between the parties involved. During the negotiation process, each side will make offers and counteroffers until an agreement is reached. Therefore, you must be open to discussion. Still, you should know and stick to your bottom line – what you will and won’t accept as a settlement.
Thus, you deserve a lawyer who is not afraid to aggressively fight for your best interests. By following these steps and working closely with the experienced personal injury attorneys of Gould Injury Law, you can increase your chances of achieving a fair settlement.
Mistakes to Avoid During the Settlement Process
The following are common mistakes you should avoid during the settlement process.
Failing to seek immediate medical attention
Act fast to seek medical attention. We often say this, but why is doing so important? Delaying or neglecting medical treatment after an accident can harm your chances of receiving fair compensation.
Insurance companies may argue that your injuries are not so severe if you fail to seek immediate medical attention. So don’t risk your claim’s success.
Document all medical treatments and follow your doctor’s instructions for a speedy recovery.
Settling too fast for too little
Donot rush into a fast settlement before you know the full extent of your injuries and damages. Once you accept a settlement offer, you waive your rights for future claims related to that incident.
Insurance adjusters may start with low initial offers in hopes that you will accept less than you deserve.
Don’t be tempted by an offer of quick cash. Instead, consult an experienced personal injury attorney who can negotiate on your behalf and help you seek a fair settlement amount.
Providing recorded statements without legal guidance
Insurance adjusters may request recorded statements from you about the incident or ask leading questions designed to weaken your claim later on. Do not provide any recorded statements before consulting an attorney. He or she can protect your rights throughout the process.
How an Attorney Can Help Your Personal Injury Case
Are you coping with an injury caused by someone else’s negligent or reckless actions? Hiring a skilled and experienced attorney to negotiate your settlement offers the following benefits.
Accurately assessing your claim’s worth
Determining the value of a personal injury claim is no easy task. Many factors must be considered, such as the extent of your injuries, lost wages, future medical expenses, pain and suffering, and so on.
One key benefit of having an attorney on your side is that he or she can accurately assess the value of your claim.
Bringing their firsthand knowledge and experience to the table, attorneys can accurately assess the value of your claim by considering your:
- Medical bills
- Lost wages
- Property damage, and;
- More
Negotiating with the insurance company
Attempting to negotiate a settlement deal alone may be a difficult, uphill battle – but why?
Insurance adjusters are trained to prioritize the insurer’s interests over yours. The insurance company may offer you an unfair settlement amount or deny your claim altogether. Therefore, talking to an adjuster without a lawyer present can seriously hurt your claim.
The best way to pursue compensation and protect your interests is by consulting a personal injury attorney. With a legal representative fighting for your best interests, you stand a better chance of receiving a fair settlement.
Gathering evidence and documentation
In addition to negotiating with insurance companies on your behalf, your attorney can gather evidence and documentation to strengthen your case. These records can support your injury claims and establish the impact of your injuries on your life.
Evidence and documentation that can help your case include:
- Doctor’s notes
- Hospital records
- Diagnostic test results (X-rays, MRIs, etc.)
- Prescription information
- Pictures of the accident scene
- Images of injuries
- Damage to vehicles or property
- Contact information of eyewitnesses
- Documentation of lost wages or income due to injuries
- Employer statements verifying time missed from work
- Receipts for medical expenses
- Invoices for property damage or other relevant costs
- Witness statements describing the accident
- Emails, text messages, or letters related to the accident
- Correspondence with the at-fault party or their insurance
- Personal documentation of pain, suffering, and the impact on daily life
- Reports filed with businesses or property owners where the incident occurred
- Any other information that could support your claim
Filing paperwork and handling communications
Dealing with a personal injury claim can involve a lot of paperwork. Communication with insurance companies, medical providers, and other parties involved in the accident may be necessary. Your legal team can handle all this, letting you focus on recovering from your injuries.
If settlement negotiations fail or it becomes necessary to file a lawsuit, having an attorney by your side is essential. He or she can guide you through each step of the trial process.
Seek Fast and Fair Compensation With Gould Injury Law
At Gould Injury Law, seeking justice and fair compensation matters to us. Our team of experienced personal injury lawyers is dedicated to protecting the rights of injured clients while also achieving fast results.
We understand that each case is unique. That’s why we want to take time to listen to your story, gather evidence, and build a strong case on your behalf. We aim to achieve the best possible outcome for your case by negotiating a fair settlement with the insurers or taking your case to trial.
Don’t wait too long after an accident occurs to seek compensation. When it comes to settling a personal injury claim, time is of the essence – and the longer your negotiations drag on, the more stress and financial burdens it can place on you. When you hire us, though, our legal team will work fast to help you seek justice.
Our fast and efficient attorneys can evaluate your case and advise you on the next steps you need to take. To schedule a free case review, call 888-WIN-FAST or complete our contact form. One of our representatives will get back to you as fast as possible.