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If you were injured in an accident caused by someone else’s negligence, you might require extensive medical treatment and lose time from work. You may also experience a considerable amount of pain and suffering — and be unable to participate in the activities you once enjoyed. In such cases, it is necessary to file a personal injury action to hold the at-fault party accountable for your losses and recover the compensation to which you’re entitled. However, there are a few things you should (and shouldn’t) do to strengthen your personal injury claim and maximize your monetary recovery.
Here are several ways you can help strengthen your personal injury claim:
One of the best ways to strengthen your personal injury claim is to get prompt medical attention. Call 911 from the scene of the accident and allow the paramedics to examine you. Take an ambulance to the hospital or go to an urgent care facility immediately. Even if you do not think you were badly hurt, some injuries do not appear until weeks later. By seeking medical attention, a doctor can rule out any internal injuries and recommend a course of treatment that will prevent them from worsening.
If you suspect you may have suffered a head injury, early identification is critical. Be sure to review this helpful brain injury symptoms checklist to better understand what signs to look for and when to seek further care. In addition, your initial medical documentation can be crucial to show that your injuries were caused by the accident connected with the current claim — and were not pre-existing.
Proper documentation can help strengthen your personal injury claim by demonstrating liability and showing the extent of your injuries. Be sure to report the accident promptly. In a car accident, you should call the police to come to the scene and take a report. For premises liability cases, the incident should be reported to the property owner or manager. Take photos or video at the scene of the accident and obtain the contact information for any witnesses. Thoroughly documenting your case can make all the difference when it comes to the amount of compensation you will receive. Keeping a journal of how your injuries have impacted you on a daily basis can help to prove your non-economic damages. Medical records, bills, receipts for out-of-pocket costs, and proof of lost wages can establish your economic damages.
Following up with your medical treatment is crucial for both your health and to strengthen your personal injury claim. Consistent medical documentation and records of treatment — including office visits, surgeries and physical therapy — can demonstrate the extent of your injuries and show you are taking your claim seriously. If you fail to treat continuously, or there are gaps in your treatment, the insurance company may argue that you are not as injured as you claim to be to reduce your compensation.
The insurance company’s objective is to pay out as little as possible on your claim. Adjusters are trained to use certain tactics and trick you into admitting fault for the accident, or make statements about your injuries that can be misconstrued. To reduce your compensation, the insurance company will argue you are not as injured as you claim to be. It’s best to avoid speaking with the insurance companies entirely so you do not inadvertently say anything that can be used against you. Importantly, once you have an attorney, the insurance company can no longer speak with you directly.
While your personal injury case is ongoing, it’s best to refrain from posting on social media. Even if you don’t post about the accident, any photos you post or comments you make can be used against you in your case. For instance, posts showing you engaging in certain activities can be misconstrued by the other side and used to argue that your injuries are not as severe as you claim. Regardless of whether your account is set to private, the attorney for the other side can request your social media profile and messages sent through the platform during the discovery process.
Shortly after the accident, the at-fault party’s insurance company may make you an offer in the hope that you settle the case early — and they can avoid paying out more later. Never accept the first settlement offer or any other offer without consulting with an attorney. The first offer you are presented is typically for a low ball amount that doesn’t take the full extent of your damages into consideration. Although you might be eager to settle your claim quickly, you may be able to increase your compensation significantly by waiting until you have reached maximum medical improvement.
Retaining an experienced attorney as soon as possible after the accident is vital to strengthen your personal injury claim. They can help ensure you avoid any pitfalls from the outset and develop a strategy to maximize your compensation. An attorney can collect the evidence you will need to prove your claim, assist you with navigating the complexities of the legal process, and negotiate with the insurance company on your behalf. If the insurance company isn’t willing to settle your claim for a fair amount, a personal injury attorney will know whether a better outcome might be obtained by bringing your case into the courtroom.
Whether you were hurt in a car crash, slip, trip, and fall, work accident, motorcycle collision, or another type of accident, a knowledgeable attorney can help strengthen your personal injury claim — and fight to recover your rightful compensation. Proudly serving accident victims in Anchorage, Soldotna, Kenai, Palmer, Fairbanks, Juneau, Wasilla, and other areas of Alaska, The Trial Guy, Eric Derleth, is committed to representing clients for a broad scope of personal injury matters and strives to obtain their rightful monetary recovery. Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.
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