A personal injury case in Ohio, Oklahoma, Tennessee, Illinois, Wyoming, or other parts of the United States can leave you physically deformed and mentally exhausted. It gets a lot more complicated when you have to deal with the rigors of a court trial, especially when you have to do so while still recovering. To avoid the stress and time implications of litigation, many personal injury cases always end up in a settlement between the parties.
However, it is essential to know what to expect when dealing with settlements, as that will help you prepare better and get a decent offer that reflects your injuries. This article provides key points to note regarding personal injury settlements.
Table of Contents
Understanding the Foundation of a Case
The foundation of personal injury cases is built on one key principle: the negligent act of another. It is from this foundation that you can then provide answers to other key questions that will determine the settlement you can get. Did the person owe you a legal duty of care? Did their failure to act directly cause you injury? And what kind of damages, physical, emotional, or financial, did you suffer due to it?
How well and quickly you can answer these questions is what will determine whether or not you have a compelling case. It also helps in boosting confidence when at the negotiation table with the at-fault party or their insurance companies.
The Role of Medical Treatment and Records
One of the first things your lawyer and the opposing party will look at when determining a settlement is your medical history. “Delays in treatment or lapses in medical attention may be held against you, even if your reasons were valid,” says Attorney Joe Ervin of The Law Firm for Truck Safety.
Therefore, keep records of every appointment, prescription, therapy session, and diagnosis for the injury caused by the incident. These are concrete proofs of your injury and treatment cost, and they can have a direct influence on the value of your settlement.
Nothing Is Too Little to Be Documented
The truth is, what you remember and record now could make all the difference months down the line. Therefore, maintain a personal journal documenting as much as possible after your injury. This includes bodily pain due to the injury, emotional struggles, doctors appointments, medications, and even social activities missed.
Did you need help getting dressed? Were you unable to hold your child, drive, or cook? These are not minor inconveniences but evidence of your pain and suffering. They humanize the pain behind the paperwork and make your experience real when settling.
Minimize Direct Communications with Insurance Companies
Be cautious when speaking to insurance companies, especially those representing the interests of the at-fault party. Their primary goal is to reduce the payouts or avoid them completely, not to protect your best interests. As much as possible, minimize or avoid any communication with insurance companies, no matter how well it is presented, without your lawyer present.
Also, do not accept any quick settlements because while those early offers may seem great, they do not reflect long-term costs or lost future earnings.
Evaluate the Actual Value of Your Personal Injury Case
In a personal injury case, you may be entitled to claim tangible and intangible losses. Tangible damages are measurable, and they cover hospital care, rehabilitation costs, missed wages, and damaged property. Intangible damages are more subjective, and they include physical suffering, emotional struggle, loss of companionship, and decline in the quality of life.
However, remember, not all damages have a receipt. The ache that lingers each night or the panic you feel while crossing the street all matter and should be factored in when determining compensation. A proper evaluation of your case is necessary before getting started on any settlement discussion with the at-fault party.
Conclusion
Settlements should reflect every damage, economic and non-economic, that you suffer and may continue to suffer as a result of the negligent act of another. To get it right, it is ideal that you have quality legal representation, and that is why the role a personal injury attorney plays cannot be overstated. If you are in Ohio, Oklahoma, Tennessee, Illinois, or Wyoming, you can contact an attorney today to get started.
