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Once you decide to file a personal injury claim, you want to do everything you can to maximize your potential compensation. A crucial part of making a full recovery is ensuring you have adequate compensation to do so.
What you do after your injury matters, and there are distinct things you can do to make the most of your claim. Having an understanding of what aspects of your injury case are in your control can help you get the maximum amount possible. Here are ten ways to maximize compensation in your personal injury case.
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1. Preserve Evidence
The jury is going to decide your case by looking at the evidence. Even the other party is going to decide whether to offer you a fair settlement based on the strength of your case. That means the more you can do to preserve evidence, the greater the chance of winning your case is going to be.
You should take photos of the accident scene and your immediate injuries if you’re able to. It’s important to try to collect names and contact information for witnesses. If there’s a police report, you will want to get a copy as soon as possible. Your attorney can follow up on this information to collect detailed witness statements and prepare the case.
2. Get Medical Treatment
Winning your personal injury case means getting a fair payment for your injuries and other losses. To do this, you need an accurate picture of your damages. You will need doctors and other health care professionals to document your injuries and formulate a treatment plan. This documentation can encourage the other side to come to the table and offer a higher settlement.
You should get medical treatment, even if you’re unsure about the extent of your injuries. If your doctor recommends a treatment plan, you should carefully follow it. This should include seeking any necessary physical therapy and treatment for things like flashbacks and post-traumatic stress.
3. Value Your Claim Fully
Don’t assume that you’re limited to any one type of damages. There are several different types of damages you may suffer because of your injury. You may not even be aware of all of the kinds of injuries and losses that you have.
You can claim compensation for loss of regular use of body functions and physical injuries. These are in addition to recovering your out-of-pocket losses. An experienced Nevada personal injury lawyer can consult with you to evaluate these categories of damages individually.
4. Don’t Be Too Eager
When you’re hurt, it’s easy to want a check in your hands as soon as possible. Sometimes, accepting the first offer you receive can prevent you from maximizing your compensation.
To get the best recovery in your case, you have to let the other side believe that you’re willing to go the distance. This can mean rejecting the first, second or even third offer. It’s important to work with an attorney for an expert opinion about whether to accept or decline a settlement offer.
5. Explain Why the Offer Is Inadequate
Part of getting maximum compensation means convincing the other side you have a strong case. When you get an insufficient settlement offer, you can respond by explaining to the other side why it’s unacceptable, with documentation that reinforces your assertions.
This settlement rejection can show them that you’re committed to getting the compensation you deserve and that you have a strong case under Nevada law. An attorney can help you handle all of the considerations related to rejecting a settlement offer, and providing documentation on why it’s considered inadequate.
6. Don’t Forget Future Damages
A personal injury can bring losses both immediately and long into the future. You might not fully recover from your injuries before your case goes to trial. It’s crucial to make considerations about future recovery when negotiating a settlement amount.
You can include future damages as a part of your claim. In some cases, future damages might even comprise the majority of your losses. You need to work with medical professionals to document these losses and include them in your claim.
7. Build Your Case
Doing the work to build your case methodically can maximize your damages even if your case never goes to trial. This case preparation includes serving discovery demands to the other side and having your attorney conduct depositions or request records. You may need to be seen by various medical professionals, and your attorney might work with other expert witnesses to build the strength of your case.
Having a strong case prepared for trial can pressure the responsible party to offer you a fair settlement. If the other side senses that you’re not doing the work to build your case, they’ll be more likely to low ball your settlement offer. If they know you’re ready to go to trial and win, they’ll be more inclined to pay you an adequate amount.
8. Don’t Wait to File Your Case
After an injury occurs, you have time limits to bring your case. It’s important to bring your case as soon as possible because you don’t want to risk time running out. After the statute of limitations expires, you may not be able to recover at all. Also, filing your case lets you begin to gather evidence formally.
This can be a critical aspect of being able to preserve the evidence necessary to build your case. It also lets the other side know that you’re serious about getting a fair recovery and moving the case through the courts as quickly as possible.
9. Stay off Socials
Most people are familiar with the phrase that states that everything you say can and will be held against you in a court of law. Unfortunately, not all people realize that this phrase also applies to what you say on social media.
If you’re claiming devastating injuries, but your Facebook page tells a different story, it can ruin your case. The other side is watching, and your best bet is to keep quiet and let your attorney do the talking. It’s also a good rule of thumb not to talk about any aspect of your injury case with anyone, or anywhere until a settlement is reached.
10. Make a Good Impression
The other side is going to make a settlement offer based on what they think a jury might do at trial. Juries make their decisions based on what they see and hear at trial. It’s important to put your best foot forward.
This means being polite and respectful at all times and looking your best when you’re due in court. All of these little things can help you convince the other side that a jury is going to be sympathetic to what happened in your case. This small effort can nudge the other side to offer you a fair settlement.
An Attorney Can Help
A qualified personal injury lawyer can help you determine what needs to be done to help maximize your compensation. At each stage, they can help you build your case and communicate with the other side to pursue a fair settlement.
If your case goes to trial, your attorney will be there to help you present yourself and your case in the best way. The legal process takes patience, but your attorney can help you navigate Nevada’s complex legal system and pursue a course of action that results in the maximum compensation possible for your case.
Adam S. Kutner is a top 100 trial lawyer with 32 years’ experience and expertise that will benefit you
Call us at (702) 382-0000 anytime to schedule a free consultation. We will work to get you the maximum settlement as quickly as possible so you can move forward on your healing journey.
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Adam S. Kutner
PERSONAL INJURY LAWYER
With more than 32 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.