Maximizing a personal injury settlement involves a combination of careful planning, diligent documentation, and strategic decision-making.
By following the advice of legal and medical professionals, victims can increase the likelihood of a favorable outcome.
These tactics, which supplement our initial list of 10 ways to increase the value of a personal injury case, were originally presented at the PI Power Summit in Atlanta, where I shared them with an audience of local personal injury attorneys and medical professionals.
1. Carry Uninsured Motorist Coverage
Uninsured Motorist (UM) coverage is particularly valuable because it offers protection if you are in an accident with a driver who lacks sufficient insurance or has no insurance at all.
Unfortunately, most drivers do not carry insurance with adequate liability limits, and when they cause a car accident, you may be left with insufficient coverage.
UM coverage can cover all costs, including vehicle repairs, medical expenses, and a liability settlement.
In Georgia, UM coverage is optional, so be sure to choose to add it to your policy, providing an added layer of protection and ensuring that you’re not left vulnerable in the event of an uninsured or underinsured driver causing you harm.
2. Seek Immediate Medical Attention
The first and most critical step after any accident is to promptly seek medical attention, even if you feel fine at first.
While it may not be necessary to visit a hospital emergency room, be sure to make an appointment with your physician or visit an urgent care facility.
The impact of an injury may not be fully apparent immediately, and consulting a doctor ensures that your injuries are accurately diagnosed and treated.
Having a medical record that documents the injuries right after the incident also establishes a solid timeline of events.
Moreover, this medical evidence is crucial in proving the severity of your injuries to the insurance company.
A delay in seeking medical help will allow the insurer to raise questions about the extent of your injuries and will be used by defense counsel to undermine your case.
3. Provide A Complete Medical History
Insurers and their counsel scrutinize your medical records for inaccurate statements or omissions of relevant information.
The most common omission is the failure to disclose prior accidents or injuries.
Many people who have experienced prior injuries and made a full recovery do not disclose this information to their healthcare provider, as they do not see the relevance of an injury from which they have made a full recovery.
Unfortunately, the insurer will not take such a benign view of this omission.
Instead, their lawyers will allege you have purposely failed to disclose essential information that has a direct bearing on the cause of the pain and injuries you have sustained due to the negligence of their insured.
It is essential for your healthcare provider to have a complete history to establish medical-legal causation.
4. Follow All Medical Advice
What is best for your health is also what is best for your personal injury claim.
Once you have started treatment, make sure you follow all the medical advice of your healthcare providers.
This includes taking prescribed medications, undergoing all recommended procedures, and attending all follow-up appointments.
Failure to adhere to your doctor’s instructions can be used by defense counsel to argue that you were not seriously injured or did not take proper care of yourself.
Consistent medical treatment not only supports your claims but also demonstrates your commitment to recovery.
5. Avoid Posting on Social Media
In this age of social media, many people instinctively turn to their online platforms to share updates on their lives.
However, when involved in an accident, you must be careful about what you post.
Insurance companies and opposing lawyers will scour the internet looking for any posts or photos that could hurt your case.
Even something as innocent as a photograph showing you engaging in physical activity or having fun could be used against you.
To avoid jeopardizing your case, refrain from posting anything related to your injury, your recovery, or the incident itself until your case is settled or resolved.
6. Be Honest & Transparent with Your Lawyer
When working with your personal injury attorney, it is essential to be completely honest and transparent.
Share all the details of the accident and your injuries, even if they might not seem relevant or might make you feel uncomfortable.
The more information your lawyer has, the better they can prepare your case.
Hiding key facts, like prior injuries or anything that could affect your case, could have profound consequences later.
Lawyers require a comprehensive understanding to advocate effectively, and honesty is essential in establishing trust and presenting a compelling case.
If you’re a victim, remember — your lawyer works for you! Don’t hinder their ability to advocate for you by not providing them with the information they ask for.
Even if the information is sensitive or seems irrelevant, share it with them and let them advise you about whether the information is essential to the case.
7. Learn What Data Your Vehicle Collects
A vehicle’s black box, also known as an Event Data Recorder (EDR), collects a variety of crucial data that can be used to analyze the circumstances of an accident or assess vehicle performance during specific events.
The data typically includes information such as vehicle speed, engine throttle position, braking force, seatbelt usage, and the timing of airbag deployment. Some black boxes also monitor factors like steering angles, acceleration, and deceleration rates, providing a comprehensive snapshot of the vehicle’s performance in the moments leading up to an incident.
This data can be invaluable for accident reconstruction, helping to clarify what happened and whether the driver was following proper safety protocols.
In addition to the information related to the crash itself, the black box can also record data regarding the vehicle’s operational conditions. For example, it may capture engine diagnostics, vehicle system malfunctions, or warnings about potential safety hazards.
These recorded events can provide insight into whether mechanical failure or maintenance issues contributed to the accident.
While the data collected by a black box is not always accessible to the public, it can be retrieved by authorized professionals, such as law enforcement, insurance adjusters, or legal teams, to aid in determining liability and to ensure a fair resolution in legal or insurance matters.
8. Keep Track of Expenses & Losses
A crucial part of a personal injury case is determining the total amount of damage you have suffered.
This includes not only medical expenses but also lost wages, property damage, and emotional suffering.
Keep detailed records of all your medical bills, receipts for treatments, and any other expenses related to the injury.
If you have to take time off work, track the days missed and the wages lost.
Additionally, documenting any pain and suffering you’ve endured, including how it has impacted your quality of life, can be crucial for calculating non-economic damages.
9. Understand Health Insurance Subrogation Laws
When you file a personal injury claim and receive compensation, your health insurance company may assert a subrogation lien to recoup the amount it spent on your medical treatment.
Health insurance subrogation liens are a legal process in which a health insurer seeks to recover the costs of medical expenses paid on behalf of an individual who was injured due to the negligence or wrongful actions of another party.
If the insurer paid for your medical bills resulting from an accident or injury, it may have the right to collect reimbursement from the settlement or verdict you receive, even if it wasn’t directly involved in the legal process.
Navigating health insurance subrogation liens can complicate personal injury settlements, as these liens often reduce the amount of compensation you ultimately receive. If the insurance company has a subrogation claim, it will typically require reimbursement from the settlement amount, which could be a percentage of the total recovery.
However, there are negotiation opportunities.
In some cases, it is possible to reduce the lien amount through negotiations, especially if the settlement does not fully cover the medical expenses or if attorney fees are involved.
Understanding your rights and working with an experienced personal injury lawyer can help ensure the lien is handled properly, potentially allowing you to retain more of your settlement or award.
10. Be Patient Throughout the Process
Insurance companies are often quick to offer settlements, especially in personal injury cases. However, these initial offers tend to be much lower than the full value of your case.
It can be tempting to accept a fast payout, but this is rarely in your best interest. Instead, let your lawyer handle settlement negotiations and file a lawsuit if necessary.
Your lawyer will have a clear understanding of what your case is worth and will work to ensure that you receive a fair settlement. In many cases, the initial offer will be a low-ball figure that does not account for all of your current and future needs.
Personal injury cases often take time to resolve. Whether you are negotiating a settlement or going to trial, it is essential to be patient. Rushing the process can result in settling for less than what your case is worth.
While it may seem like a long wait, taking the time to gather the necessary evidence, following up with medical treatments, and carefully considering any settlement offers ensures that you will have a strong case. It’s also crucial to allow your lawyer the time needed to build your best possible case.
Personal injury cases can be complicated, but by following these ten steps, you give yourself the best chance of securing the compensation you deserve.
