There’s no minimum or maximum limit in personal injury compensation. Some cases go for tens or hundreds of thousands of dollars, while a few others reach millions or even billions. The largest payout to date (that isn’t a class-action lawsuit) is USD$150 billion, awarded to the family of a boy who died from skin cancer induced by his burns.
Billions may seem like a good amount, but all the factors have to be hugely in the plaintiff’s favor for this to be possible. Still, getting as much compensation as the law allows is in any victim’s interest for reasons like medical bills and lost wages. Here are some strategies for maximizing a settlement that personal injury lawyers swear by.
1. Seek Medical Attention Immediately
Not all causes of personal injury warrant dialing 911. That said, a record of such a call can support the victim’s claim because their injury was bad enough to have paramedics on the scene. Not to mention that it’s hard to refute a 911 call’s veracity, as it occurs in real time.
Even if there seems to be no injuries, it’s still a good idea to seek medical treatment right away. First, symptoms of certain injuries can manifest long after the date of the accident. Some of these include whiplash, traumatic brain injury (TBI), and psychological distress.
Another reason is that details of the accident “decay” over time. The more time that has passed since the accident, the easier for the other party to claim that the injury is unrelated. No hospital visit also means no medical records to support the victim’s side of the story, especially in the case of medical costs.
A Fort Lauderdale personal injury law firm or one in your area understands the importance of strong evidence in a personal injury claim. After all, there can be no compensation without proving that the other party had done something wrong and preventable. Working with one goes a long way, not just in representing the client in the legal system.
2. Be Careful About What You Say
It may be tempting to talk about things that ordinarily don’t happen to someone, like car or workplace accidents. However, lawyers see that as a nightmare because one Freudian slip risks unraveling months of building a strong claim.
Just as the plaintiff’s party is busy gathering evidence, so is the defendant’s. The latter will look high and low for evidence that lessens their culpability, if not frees them of it. One key source for them is social media, hoping to bank on a person’s tendency to post and share anything out of the ordinary, like their accident.
Social media content is public information; it doesn’t have the same legal protections as, say, medical records or passports. Even if the victim sets their posts to private, there’s no stopping the other party from finding out about the posts’ content. Because of this, lawyers urge their clients to be extremely careful about sharing their story or, better yet, keep quiet.
If the case goes public, legal experts still recommend keeping quiet. Clarifying details with the media is a good way to ruin one’s chances at winning the case or getting the maximum amount of compensation possible.
3. Avoid the First Offer
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The other party is just as eager to avoid having to deal with a costly legal battle. To that end, they may make the victim an offer in exchange for dropping their complaint or agreeing not to sue them in the future. If you encounter this, turn it down.
Given that it’s in the other party’s best interest to pay less, lawyers are aware enough of the risk of lowballing. You’ll find no shortage of incidents where insurance companies offer far less than what the victim deserved.
Lowball offers, while fast, tend to discount other equally important factors like the victim’s long-term medical and financial needs. They even become more suspicious if treatment is still ongoing. Even if an offer is made in good faith, it’s always a good idea to consult your personal injury lawyer before doing anything else.
4. Factor In Non-Economic Damages
Non-economic damages refer to losses not measured in money. Some examples include:
- Pain and suffering caused by injuries
- Emotional distress (e.g., anxiety, depression)
- Loss of enjoyment of life
- Harm done to family relationships
- Disruption to daily routines or activities
Unlike economic damages like medical bills and lost wages, non-economic damages don’t come with an itemized computation. Instead, lawyers calculate them either by multiplying the total economic damages by 1.5 to 5 (multiplier method, depending on the severity of injuries) or assigning a daily value to each of the damages (per diem method).
Despite the calculations, the legal system treats non-economic damages as subjective. The defendant can dispute the figures, especially if they aren’t based on solid evidence. Regardless, getting a reasonable amount allows the victim to maximize compensation, which also includes economic and punitive damages.
Get the Compensation You Deserve
Injuries can be life-changing, but not always in a good way. Imagine being unable to work or live life properly due to a mishap that you didn’t wish to happen. Get the compensation you deserve with these tips, and work with a personal injury lawyer for the best effect.
