5 Ways to Get More Money from Your Personal Injury Case
You may be eligible for personal injury compensation if you are injured due to someone else’s negligence or intentional wrongful actions.
Hiring a lawyer is not enough. Personal injury cases are complicated, and circumstances may change during the trial, even when you are close to winning.
The defendant will try to pay less or nothing for your injury.
According to The Barnes Firm injury lawyers, a Los Angeles personal injury team, victims deserve every compensation they get. Only you understand the damages caused by the injury ― both physically and emotionally.
This guide explains what you need to know about personal injury and how to get more money from your case.
Types of personal injury damages
Plaintiffs with severe injuries are more likely to receive a much larger compensation than victims with lesser injuries.
There are two major types of personal injury damages: compensatory and punitive.
Compensatory damages are awarded to compensate victims for the losses caused by the injury. They can be either economic or non-economic.
- Cost of treatment for the injury
- Lost wages
- Future lost earnings
- Worth of property damaged
- Other financial losses
Punitive damages are awarded to discourage others from engaging in similar activities. It is usually awarded in cases where the defendant’s action, which resulted in the injury, is intentional or malicious.
The following may be considered in awarding the compensation:
- Pain and emotional distress
- Loss of consortium/companionship
- Inability to enjoy a normal lifestyle
How much compensation can I get for a personal injury case?
Your lawyer will consider different factors in estimating an amount to demand as compensation for your personal injury case.
However, a survey disclosed that most victims get $25,000 or less. Generally, on average, claimants get about $52,900 as compensation. The average medical malpractice settlement is about $679,000.
Meanwhile, there have been cases where plaintiffs won millions and even billions as compensation.
A typical case is the Tobacco Master Settlement Agreement, where seven tobacco companies paid an estimated $206 billion.
Another huge compensation was that of Tiffany Applewhite, who was awarded $172 million compensation against New York City after she suffered brain damage while waiting for an ambulance.
The level of your injury and the defendant’s insurance policy will play major roles in determining how much compensation you can get from your personal injury case.
Tips to maximize your personal injury claim
Defendants will find every loophole in your suit to get it dismissed or pay lesser than demanded. If you intend to maximize the compensation from your personal injury case, here are some tips:
Evidence is crucial for your case. A lot of lawyers charge contingency fees for personal injury cases. This means they will be entitled to a certain percentage of the compensation received from the defendant ― usually around 40 percent.
No lawyer will take up your case without evidence to prove your claim.
That is why it is vital to preserve all evidence about the incident ― photos, videos, audio, and documents.
These pieces of evidence will play a significant role in justifying your demand.
Get medical treatment
Seek medical treatment immediately after the accident. You will need a doctor’s report to confirm the severity of the injury and hospital bills to prove the cost of treatment.
Do not hesitate to inform your doctor about any pain you might be experiencing. Doctors make notes during the treatment of their patients. These notes are important when presenting the doctor’s report to the defendant.
Follow your doctor’s instructions. If you fail to do this and such action complicates your injury, the defendant might use it against you.
Avoid media sympathy
Do not post anything related to your injury on social media. Also, inform potential witnesses to do the same.
For instance, witnesses might post pictures or comments that contradict your claims about the injuries.
The opposing counsel and claims adjusters can find and use these comments or photos to discredit your claims.
It can destroy the integrity of your evidence and ruin your case.
Document the incident in a journal
Pen a time-to-time journal about your experiences starting from the day of the injury. It is easy to forget some occurrences but documenting them will help to keep track.
With this, you will be able to capture all the relevant facts while making it easier for your lawyer to help get evidence to support the claims in the journal.
Cover all loopholes
Not engaging in activities that could diminish the chances of winning your case will make your lawyer’s job easier.
First, file your case as soon as possible after the injury. Do not lie about your condition; likewise, do not exaggerate it.
Double-check with your witness, and ensure they only testify to the truth and do say things in their bid to help you inflate the compensation.
You deserve the maximum rightful compensation for your injury, but exaggerating to get more than usual can ruin your case.
Review 5 Ways to Get More Money from Your Personal Injury Case.