What Is Personal Injury Settlement
When someone is injured, they may be entitled to compensation for their damages. These damages may include medical expenses, lost wages, and pain and suffering. The amount of compensation a person receives will depend on the specific facts of their case. However, one common form of compensation is a personal injury settlement.
A personal injury settlement is a negotiated agreement between a person injured by another person and the party responsible for their injuries. settlements can vary in size, but typically involve payments by the responsible party to the injured person.
The amount of the payment depends on a number of factors, including the severity of the injuries, the age and health of the injured person, and the financial resources of the parties involved.
If you are injured in an accident, it is important to speak with an attorney as soon as possible. An attorney can help you understand your rights and options after an accident.
You Can Talk To A Lawyer Early On In The Process
The single best step one may take to ensure the value of their case is to get a trusted legal team involved early. The legal process can be stressfully slow. However, some physical evidence in the field has an expiration date. This date may be much sooner than the statute of limitations, which is generally one year in Louisiana .
When you have our law firm on your side early, we can begin gathering evidence and developing a case quickly. Our team may be able to reach a fair and just out-of-court settlement and avoid going to trial in the first place.
Following the action items our team recommends can be another key to recovering a just payout. We speak from years of knowledge and experience. Following the advice of our legal professionals could help you avoid costly and common mistakes that would otherwise jeopardize your settlement or verdict.
Stay Off Social Media
What you say on social media can and will be used against you in a court of law. Many people think that what they say on social media is just between friends. In reality, what you say on social media is most likely admissible in court and will be usagainst you as a statement of a party opponent.
You can be sure that the other side is watching what you say on social media, even if your settings are set to private. Even things about your daily life that you might not think are related to the case can be used against you if you talk about them on social media. To increase your injury settlement, be very careful about what you post on social media.
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Dont Wait To File Your Case
After an injury occurs, you have time limits to bring your case. Its important to bring your case as soon as possible because you dont 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 youre serious about getting a fair recovery and moving the case through the courts as quickly as possible.
Look For All Available Insurance Coverage
If youre injuries are worth more than the policy limits, you need to make sure that you know about all insurance coverage.
In one case, my client was in a car heading straight through an intersection. She had a green light.
Another driver ran and a red light and they crashed. After the crash, this my clients car:
Unfortunately, my client broke her wrist and had surgery.
The at fault drivers insurance company paid me the $100,000 limits.
Now:
I could have just accepted the $100,000 limits. After all, that is what the insurance company told me under oath was the available bodily injury coverage:
I didnt take the insurance companys word for it. I asked the driver to sign an affidavit stating whether or not she was working at the time of the accident.
And then just two months later, USAA sent me this letter:
I ended up discovering $1 million in extra coverage! And my clients injury case settled for $200,000. Instead of $100,000.
In another case my client was riding his motorcycle down the street. A car was heading in the opposite direction.
The car made a left hand turn and hit the motorcycle rider.
You can see the damage to the front wheel of the motorcycle:
My client had a herniated disc.
You can see it here:
GEICO insured the at fault car.
The GEICO adjuster offered to settle for only $4,500:
Thankfully, I did not listen to the adjusters reasoning as to his $4,500 offer. Instead, I marched ahead and sent my client to the proper doctors.
The result?
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Contact A Personal Injury Claim Settlement Attorney Today
If youve suffered an injury because of someone elses negligence, you shouldnt have to suffer the financial consequences, too. Our compassionate personal injury lawyers can review your case and show you how to increase your settlement value so you get the financial recovery you deserve. us online today for a free consultation.
- About the Author
Beware Of Sly Insurance Companies
There are many sly and cunning insurance companies in Ventura County and all across California. So do not be surprised to find out that your insurer hired a private investigator to take photographs and record videos of your physical activities in public and even at home to compromise the integrity and severity of your personal injury claim.
Also, some insurance companies go the extra mile to spy on you on social media and dig out any Facebook, Instagram and Facebook posts that may raise doubts about the severity of your injuries .
Bottom line is this: keep a low profile on social media and stay away from engaging in any sort of activities in public that may raise doubts over the validity of your personal injury claim.
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After Youre Injured In An Accident Caused By Someone Elses Negligence You Should Follow These Tips For Increasing A Personal Injury Claim Settlement Agreement:
- Gather evidence on the scene While on the scene, try to get photos and videos of the area, your injuries, and anything that could have caused the accident. Get the contact information for any witnesses in case you need their testimony for your case.
- See a doctor Even if you dont think your injuries are serious, you should still get medical attention as soon as possible. Your symptoms may worsen, or you may have other injuries that arent obvious yet. Continue all medical treatment until youre fully recovered.
- Collect and keep all evidence to support your claim Your medical records, receipts, pay stubs, and other evidence will be essential to your case. While youre recovering, you should also document your pain, emotional stress, and treatment effects in a journal. These can all help you calculate your losses and show why you need the compensation.
- Dont talk to the insurance companies It may seem illogical not to speak to the insurance company when theyre the one you want to settle with. However, talking to them without an attorney puts you at risk of saying something they can hold against you, even if it seems innocent.
- Contact a personal injury lawyer Pursuing a personal injury claim isnt easy. Theres evidence to gather, insurance companies to communicate with, and losses to calculate. An experienced attorney can help you negotiate for maximum compensation and fight the insurance companys tactics.
Consider Your Best Options
Sometimes its in your best interests to go to trial. Other times, it makes the most sense to settle the case. There are good reasons that you should take your case to trial if you have a strong case, such as the other side not offering a fair settlement. However, when taking costs into account you may end up with more by settling your case, even if you receive a higher jury award at trial.
Its essential to know the pros and cons of when to settle a case and when to take it to trial. Whether to agree to a settlement or not is a very unique, fact-dependent question that is specific to your case. An experienced personal injury attorney can help you weigh the pros and cons when it comes to deciding when to settle the case.
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Average Personal Injury Settlement Amounts
After suffering injuries and damages in an accident, the financial burden can make it difficult for victims and their families to make ends meet. However, if you qualify to claim compensation with a personal injury lawsuit, you may get the financial relief you need and deserve. But how much can you get from a personal injury claim? What is the typical amount an accident victim can receive?
Understanding how much personal injury claim settlements can be will help you claim the maximum compensation for your losses. Our Las Vegas personal injury lawyers explain what you need to know about accident injury claim amounts.
Keep Copies Of Your Employment Records
Another way to get the most out of your injury settlement is by retaining copies of your employment records. This could include statements from your employer that describe your hourly or salary rate, the number of hours you have worked, the amount of money you have missed out on by being unable to work, and copies of your pay stubs.
This way, you can recover the full amount of compensation you lost by being unable to work. Furthermore, this could help to show your entitlement to a loss of potential future earnings. This could include contributions to your retirement savings accounts, salary increases, bonuses, and more.
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Pursue Noneconomic Damages When Possible
Under PA Code Title 75 , some drivers can pursue noneconomic damages while others are barred from doing so. Noneconomic damages include those that do not directly cost you money, but that you suffer nonetheless. They include pain and suffering, physical pain, and mental anguish.
Those who can pursue this type of damages fall into one of three categories:
- They opted for full tort insurance coverage
- They suffered injuries serious enough to meet certain criteria
- They met another exception to the limited tort rules
We can often identify exceptions to the limited tort rules or prove that a client met the serious injury threshold when the client did not believe they were eligible for pain and suffering damages. This is another reason why we recommend a free consultation with a member of our team before signing anything from the insurance company.
If you qualify to pursue noneconomic damages, it could double your car accident settlement or increase it even more. Do not overlook the possibility of pursuing pain and suffering damages.
Tips For Increasing A Personal Injury Claim Settlement
Essentially, personal injury cases look simple and straightforward. A persons negligence leads to injuries, you sue the person, and receive compensation. However, this isnt always the case.
The result of personal injury cases and the amount of compensation awarded depends on several factors. Key determinants of personal injury claim settlement include:
- The severity of the injuries
- State laws
- Kind of injury sustained
- Whether you seek professional counsel and how soon you do so
Since personal injuries sustained are different, personal injury cases significantly vary. However, while you cant control all factors, the following tips increase your chances of securing satisfactory compensation.
Navigating the legal system is complicated and intimidating for those without prior exposure to legal procedures. The procedure of filing a personal injury claim is complicated, and you shouldnt attempt it without proper legal help. Therefore, you should consider hiring an attorney to assist in navigating these procedures and represent you in court. Good personal injury attorneys, such as Virginia Beach injury law, will help build the case, sort out insurance issues, and act in your best interests.
Remember that the evidence list is non-exhaustive and can change depending on the case. Personal injury attorneys can make this investigative process productive.
Endnote
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Get The Adjuster To Justify A Low Offer
If in your first conversation, the adjuster makes an offer so low that it’s obviously just a negotiating tactic to see if you know what your claim is really worth, do not immediately lower the amount you put in your demand letter. Instead, ask the adjuster to give you the specific reasons why the offer is so low. Make notes of the conversation. Then write a brief letter responding to each of the factors the adjuster has mentioned. Depending on the strength of the adjuster’s reasons, you can lower your demand slightly, but wait to see whether the adjuster will budge before going any lower.
The next time you speak with the adjuster, begin by asking for a response to your reply letter. The adjuster should now make you a reasonable offer that can lead to a fair final settlement figure.
Request All Of Your Medical Records Bills & More Send Them To The Insurer
You need to request every one of your medical records, bills, diagnostic studies for your medical treatment. Dont rely on the adjuster to tell you what youre missing. They may not.
The insurance company needs this documentation to make you a fair offer. They wont give you money just because you tell them that you went to a doctor. They need to see medical records and bills.
Giving them your medical records and bills increases the full value of your case.
You should also send the adjuster excellent quality photos of your scarring. Dont send blurry photos.
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What You Need To Get The Most Out Of Personal Injury Settlements In California
Personal Injury damages are there to make sure victims of negligent accidents get the compensation they deserve. The tricky thing about insurance claims is that the liable party or insurance provider might trivialize the losses you suffered to reduce or refuse your payout.
To protect yourself from these underhanded tactics, there are several ways to make sure you preserve your personal injury claim. Here are a few things you need to do, as advised by prescreened Top Rated Personal Injury Attorneys in Los Angeles.
Tricks To Maximize Your Insurance Claim Settlement
After a car accident, do not forget to keep track of all prescriptions and medicines taken as well as all surgeries, procedures and treatment that you have undergone. When drafting your personal injury claim, your attorney will most likely need receipts for all medications and all medical items purchased.
Write down all of your health complaints. Whenever you feel as if your injury limits your physical activity, write it down. Whenever you feel something that may be caused by your injuries , write it down. The thing is: you will most likely not be able to recall tiny details like these a few months from now, which is why it is a good idea to keep a diary.
Establish other sources for compensation. You may be entitled to other insurance benefits. That is why it is highly advised to let a skilled lawyer review your insurance policy and determine whether or not you can maximize the total value of your personal injury claim.
Do not settle a claim without consulting an attorney. More often than not, insurers will try to provide you with unfair and low-ball initial settlement offers which do not take into account the full scope of your injuries and damages, and are basically a cheap way to buy you off.
Contact the Law Offices of J. Jeffrey Herman to get a free consultation about your particular case. Call our Ventura County offices at or fill out this contact form to find out about other tricks to maximize the value of your car accident claim.
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Work With Experts To Put A Price On Future Expenses
You will be able to increase your personal injury settlement by ensuring you consider your future costs as well. If your injuries are relatively minor and you are already finished with treatment and back at work, you may not have future losses related to your accident.
However, many people move forward with their accident cases while still facing additional treatment, more time away from work, and other future expenses.
If you work with an attorney, they can call in experts from the medical field, economists, and other specialists to determine your future care needs and put an accurate estimate on the costs and losses you will likely face. These estimates are added to your current damages to reach the total of your economic losses.
Have A Settlement Amount In Mind
As part of putting together your demand letter, you should have determined what you believe your claim is worth. Within that range, and before you speak to an adjuster about your demand, decide on a minimum settlement figure that you will accept. This figure is for your own informationso you can keep your bottom line in mind when under the pressures of negotiatingbut it is not something you should reveal to the adjuster.
You do not, however, have to cling to the figure you set for yourself. If an adjuster points out some facts you had not considered but that clearly make your claim weaker, you may have to lower your figure a bit. And, if the adjuster starts with an offer at or near your minimum, you may want to revise your figure upward.
Reservation of Rights Letter
If you receive a “reservation of rights” letter from the insurance company, don’t be alarmed or intimidated. This letter informs you that the company is investigating your claim, but that it is reserving its right not to pay you anything if it turns out that the accident is not covered under the policy. The letter simply protects the insurance company by preventing you from claiming that the company’s insurance policy covers your accident just because it began settlement negotiations with you.
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