When you have suffered a personal injury, whether from a car accident, a slip-and-fall, or medical malpractice, receiving compensation is crucial. The number of personal injury cases being filed is increasing each year, according to the United States Courts.
Taking legal action can certainly be worth it. Getting fair compensation can enable injured accident victims to recover physically, emotionally, and financially.
If you are a personal injury victim, you can seek compensation by filing a personal injury claim or lawsuit against the responsible party. An experienced personal injury lawyer can help you build a solid case, but there are some actions you should be mindful of. This guide will discuss various strategies and tips provided by Kiley Law Group’s Manchester, New Hampshire, lawyers to help maximize your compensation.
Tip #1: Seek Medical Treatment Immediately
The first and most crucial step in maximizing compensation is to seek immediate medical attention as soon as possible. Even if you are not sure of the extent of your injuries, medical treatment can address all of them, including the ones you cannot see or feel yet.
Some injuries you may suffer are:
- Soft-tissue injuries
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs)
- Whiplash
- Burn injuries
- Amputations
- Internal organ injuries
- Cuts and lacerations
- Joint dislocations, such as shoulder or hip dislocation
Delayed medical attention can not only worsen your injuries but also erode your legal case. Insurance companies often question the severity of your injuries if medical attention is delayed. Thus, medical professionals such as general physicians need to document and treat your injuries.
Other healthcare professionals, like orthopedic surgeons, neurologists, and psychologists, can offer insights that create a clear link between your physical injuries and the incident. Be sure to follow your treatment plans and take your medications as prescribed. All this demonstrates how you are taking your injuries seriously, which helps strengthen your claim to compensation.
Tip #2: Consult a Personal Injury Lawyer
It is not always wise to handle a personal injury case on your own. You give yourself greater chances of achieving fair compensation when you work with a lawyer. Personal injury attorneys are experienced in examining claims, know how to spar with insurance adjusters, and are well-prepared to fight for your maximum compensation in court.
The invaluable skills of personal injury attorneys are crucial in helping victims secure a fair settlement. Below are a few examples of these skills.
Reliable legal advice
Personal injury lawyers in Manchester are well-versed in injury law. They are familiar with local and state laws, as well as legal procedures. Experienced lawyers can offer the best legal guidance tailored to your unique case.
Case evaluation
A personal injury attorney will evaluate the strength of your case, potential damages, and the chances of success. This initial evaluation is crucial to understanding the potential compensation you may be entitled to receive.
Negotiation skills
Personal injury lawyers know how to negotiate with insurance companies to attain fair compensation. They can keep you from accepting lowball offers and help you maximize your final offer.
Legal representation
The US Department of Justice once reported that, more often than not, personal injury cases are settled out of court. But, if necessary, a personal injury lawyer can represent you in court and fight for your rights. His or her legal experience can prove very helpful in your case.
Tip #3: Gather Evidence and Documentation
The strength of your personal injury claim lies in the evidence you provide. If you file a personal injury lawsuit, a judge and jury determine the outcome. You will need to prove that someone else’s negligence caused your injuries. So make sure to gather and preserve all accident-related documentation that is available.
Our Manchester personal injury lawyers want to emphasize the importance of gathering the following evidence:
- Accident reports
- Witness statements
- Photos and videos of the accident scene
- Medical records and medical bills
- Property repair or replacement estimates
- Pay stubs, tax returns, and other documents to prove lost wages
Do not leave anything out. You need to gather as much evidence as possible.
Remember that the other party will attempt to pay as little compensation as possible. An experienced personal injury lawyer, though, can aid you in gathering evidence and presenting it in a way that helps your personal injury lawsuit.
Tip #4: Calculate All Damages for Your Personal Injury Case
It is essential to calculate the value of all damages to maximize compensation. Don’t assume that you are only limited to compensation for physical injury or property damage. A Manchester personal injury lawyer can discuss with you the different categories of damages.
There are two types that may be available to you: economic and non-economic damages. Economic damages include medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and loss of consortium.
Our Manchester personal injury lawyers want to emphasize the importance of documenting non-economic damages. For instance, you can support your non-economic damages claim by:
- Keeping a journal documenting your emotional and physical pain, recording how this is affecting your daily life and activities
- Documenting your therapy sessions and the psychological impact of the accident on your mental health
- Keeping records of any lifestyle changes or limitations that are the result of your accident
- Gathering testimonials from friends and family who have observed how the accident has caused you pain and suffering
When calculating damages, don’t forget to consider any long-term or future expenses. It may take you a long time to recover from your injuries. Your recuperation could even take longer than the duration of your case.
Nevertheless, a skilled lawyer can calculate the damages you need for long-term recovery. These include ongoing medical treatment or physical therapy.
Tip #5: Be Careful When Dealing With Insurance Companies
Once you have gathered all the necessary evidence, it is time to negotiate with the insurance company. Lawyers in Manchester recommend that accident victims (1) exercise caution when handling insurance companies and (2) follow the guidelines outlined below.
Avoid recorded statements
Insurance adjusters have an arsenal of tactics that they use to trick accident victims. They may request to record their conversation with you, but don’t provide a recorded statement to the insurance company without first consulting your attorney. Anything you say can be used against you.
Do not accept the first offer
Insurance companies often try to minimize their liability and payouts. Insurance companies frequently offer low initial settlements in the hopes that victims will accept them.
Many personal injury victims have accepted lowball settlements, unfortunately, because they lacked knowledge of legal proceedings but failed to seek the help of an experienced attorney.
You don’t need to make the same mistake. Instead, always consult your lawyer before considering a personal injury settlement offer.
Do not sign any documents
Avoid signing any documents or releases without legal counsel present. The documents may include legal jargon that the average person does not understand, and you could unknowingly sign your rights away. Some releases may even waive your right to future claims or additional compensation.
Do not exaggerate or minimize facts
When communicating with the insurance company, avoid speculation. Insurance adjusters might use uncertain statements to create doubt in your case or reduce their liability. Keeping your statements based on verified facts is essential.
Secondly, do not admit fault or offer unnecessary information. Admitting fault can be used against you and may affect your ability to recover damages. Leave the determination of liability to your legal team and relevant investigations.
Tip #6: Don’t Wait Too Long to File Your Case
Personal injury attorneys stress the importance of understanding the statute of limitations in New Hampshire.
In New Hampshire, the statute of limitations for personal injury cases is typically 3 years from the date of the accident. If you do not file your personal injury claim within this period, your case will most likely be dismissed.
Tip #7: Keep Your Case Details Off Social Media
In today’s digital age, many people tend to overshare personal details on social media. However, this is not advisable in the case of a personal injury claim. Insurance companies and opposing counsel often monitor social media profiles. They do this to find discrepancies in your claim and use these against you.
Avoid posting anything related to your accident, injuries, or court case on social media. Essentially, anything you post could be taken out of context and used to undermine your personal injury claim. This is why we recommend our clients maintain strict confidentiality regarding case details between them and their attorneys.
Tip #8: Maintain Respectable Conduct Throughout the Legal Proceedings
When you have been injured, your medical bills are piling up, and the insurance company is delaying your compensation, your patience can wear thin. Although the back-and-forth of negotiation can be tiring, it is important to maintain respectable conduct.
In a personal injury lawsuit, the jury will make its decision based on what the jurors see and hear at trial. Being polite and respectful at all times can help you earn the jury’s respect and sympathy. This behavior could also inspire the opposing party to offer you a fair settlement.
Consult a Manchester, NH Personal Injury Lawyer Today
Are you facing the aftermath of an accident caused by someone else’s negligence? At Kiley Law Group, securing maximum compensation for your injuries and damages is the goal of our lawyers.
The experienced lawyers of Kiley Law Group have obtained more than half a billion dollars on behalf of injured clients. We have been helping accident victims recover financially for over 40 years, and we want to help you, too.
If you have been involved in an accident resulting in serious injuries, contact our experienced legal team. Fill out the online form or call us at (603) 825-4939 to schedule a free case evaluation.
