If you are in the middle of a personal injury claim you may have been offered an insurance settlement by the responsible party’s insurance company. If you and your personal injury attorney feel that your case is a strong one and warrants a larger settlement, you may be considering taking your claim to trial. While a lawsuit may result in more compensation than a settlement, it can take longer and is not without risk.
If your case is borderline or weak, you could even receive less than an insurance settlement offer. A qualified personal injury attorney is in the best position to determine the strength of your case and a fair settlement offer. Even with a strong case, there are some things that you can do to strengthen your personal injury claim.
Strengthen Your Burden of Proof in Personal Injury Claim
If your personal injury attorney feels that litigation is in your best interest, there are some things that you can do to strengthen your case, or at least not cause any harm. You should know that even when able to prove liability in a personal injury claim, your actions could significantly affect the amount of settlement you receive. Here are some tips to strengthen the proof in your case:
1) Seek medical treatment right away – don’t delay in seeing a doctor, even if your injuries seem minor. A soft tissue injury may get worse over time, early visits to a doctor, ER or urgent care center will document your injury right after the incident. Be sure to continue with all recommended treatments and follow up appointments.
2) Save all receipts and bills to support your claim – you must show proof of medical bills, prescriptions, hospital records, pay stubs and all related documents supporting your claim. Make sure you get a printed copy before you leave every hospital or doctor visit as these are mostly stored online.
3) Don’t say too much following an accident – you may have been in shock following a car accident or any other type of injury. It’s best to not say too much or tell your side of the story at the scene, until you’ve had time to calm down or speak with a car accident attorney. Details could emerge that would help your case, but saying too much too soon can jeopardize your case.
4) Don’t talk to the other party’s insurance company – If you are contacted by the other party’s insurance company, you should know that their job is to find a weakness in your claim to reduce the amount of a settlement or deny it altogether. Say as little as possible to any insurance adjuster that contacts you and be aware that anything you say can come back to hurt your case.
5) Be careful what you post on social media – social media gets a lot of people in trouble for various reasons and public social media accounts can be a gold mine for insurance adjusters. Do not post any photos of activities that contradicts your claim such as playing sports or celebrating when you should be home recovering from your injuries. Images and posts can seriously damage the strength of your case.
Follow these tips when in the middle of a personal injury claim and always work with an experienced personal injury lawyer. A capable attorney will be able to tell you what your case is worth and offer sound advice on what type of offer you should accept for fair compensation.
Schiff & Associates has been recovering compensation for personal injury victims for more than 35 years. We have recovered hundreds of millions of dollars for members of our community with skilled negotiation and litigation. Contact us to find out what your case is worth and what you can do to strengthen your personal injury claim.
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