- Strong evidence, thorough medical records, and a basic understanding of your state’s personal injury laws can help increase your personal injury settlement.
- Keeping a journal of how your accident affected you may improve your chances of securing non-economic damages, which are often higher than your financial damages.
- To avoid decreasing your settlement, do not skip medical appointments or talk about your case on social media.
- A skilled attorney with strong advocacy skills can tell your story in negotiations and court to maximize your settlement.
Victims in personal injury cases deserve full compensation for their financial, physical, and emotional damages when they are harmed by someone else. The time after an injury can be stressful, and plaintiffs often worry about increasing their personal injury settlement to ensure financial security.
You can take many steps to increase the chances that an insurance company or court will understand the full extent of your damages and award you maximum compensation. Partner with our nationally recognized personal injury lawyers at Meirowitz & Wasserberg so we can advise you throughout your case based on our decades of combined experience and success.
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How To Maximize Your Personal Injury Settlement
Many factors can help maximize your chances of getting full and fair compensation for your injuries after an accident. Some strategies can increase your damages, while others help prevent the other party’s attorney or insurer from successfully arguing that you deserve less.
Gathering Strong Evidence
Personal injury lawsuits hinge on who was liable for the accident that caused your injuries. If you were partly to blame, that decreases your compensation. You need strong evidence to maximize the other party’s liability and minimize yours.
Keeping Medical Records Safe
Your medical records are available electronically through your healthcare providers, but it’s best to have backups just in case. Keep hard copies of your medical records in a safe place. Store them all in one place so it isn’t difficult to find them later.
Seeking Medical Attention
Your safety comes first, so seek medical attention immediately after your injury. Keep up with all of your follow-up appointments and see the specialists your doctor recommends.
Seeking Mental Health Treatment
Ignoring the trauma of a car crash, fall, or other accident can have lasting impacts on your mental health. You can seek compensation for non-economic damages, such as pain, suffering, and emotional trauma in a personal injury lawsuit, but you must have evidence. Treatment records and testimony from a mental health professional can strengthen your case.
Keeping a Journal
Write down the details of your accident while they’re still fresh in your mind. Keep track of the effects of the accident, such as your physical or emotional pain and suffering. This information will help your attorney tell your story effectively, which is critical to winning non-economic damages.
Hiring Legal Counsel
There are several things to look for when choosing an attorney. Choose an experienced law firm with a history of success winning damages in your type of claim. Ask questions and ensure you feel comfortable talking to them. Open communication often reveals significant details about your accident and damages, and a lawyer who truly understands the situation can help insurance adjusters and juries empathize with your circumstances.
Considering All Liable Parties
Your attorney can determine who to sue, and you can help by giving a complete account of your accident. For example, if a driver rear-ends you and claims their brakes didn’t work, the brake manufacturer may be liable. Businesses have deeper pockets and higher insurance limits to compensate you than most individuals.
Understanding State Laws
The New York personal injury statute of limitations is normally three years from the date of your accident. If you don’t file a lawsuit within this statutory period, you’ll likely lose your chance to seek compensation. Some claims, such as for medical malpractice, have different deadlines. Partner with our accomplished attorneys quickly so we can file your lawsuit on time and begin negotiating with the at-fault party.
The New York pure comparative negligence statute also plays a part in determining how much your case is worth. You can collect compensation as long as you are not 100 percent responsible for your harm, though your percentage of liability reduces your compensation proportionately. For example, if you were 20 percent responsible, you could collect 80 percent of your damages.
If you’ve been in a car accident, another way to maximize your compensation is by stepping outside of the no-fault insurance system. Before filing an auto accident lawsuit, you normally must exhaust available no-fault personal injury protection (PIP) coverage. However, New York law allows you to file a personal injury lawsuit if your basic economic damages are over $50,000 or you suffered a “serious injury.”
What To Avoid When Negotiating a Settlement
To protect your claim and right to compensation, there are certain things you should avoid doing after an accident. These include:
- Not consulting with a lawyer – The other party will likely have a team of attorneys and insurance adjusters on their side. You need someone to protect your rights.
- Not providing enough documentation – If you fail to keep track of your damages, you may not have the evidence you need to get full compensation for your physical, financial, and emotional losses.
- Skipping doctor appointments – Attorneys and insurance adjusters can use missed appointments to claim that your injuries aren’t serious or weren’t caused by the accident.
Talking about your case on social media – The other party can twist your words to claim that you were partly or entirely responsible for your accident. To avoid giving them ammunition, do not post about your accident on social media.
How Can a Personal Injury Lawyer Help?
Even if you already filed your initial claim, an experienced attorney can help increase your personal injury settlement. Again, the other party will have a team of lawyers and insurance adjusters working to minimize your settlement value. So, you need a strong advocate to protect your rights and increase your personal injury settlement. Our skilled attorneys will guide you throughout your claim by:
- Providing expert advice.
- Collecting evidence to strengthen your case.
- Consulting medical, financial, and other experts to calculate the full value of your damages.
- Filing important case documents correctly and on time.
- Negotiating aggressively with the at-fault party and their representatives.
- Going to trial if a fair settlement is not reached.
Our accomplished attorneys are well-versed in New York negligence law and give every client the individualized attention they deserve. When you choose us to handle your case, we will strive to maximize your compensation and ensure your case is always a top priority.
“These guys are the best! I am so relieved I went with Meirowitz & Wasserberg, LLP as my personal injury law firm. They accepted the challenges with my particular case (being that I was pregnant during my incidents) and managed to settle for more than I thought possible! Highly recommend, and I’ll forever be grateful to my attorney.” – Ester Nawrot
Contact Our Experienced Personal Injury Lawyers Today
Meirowitz & Wasserberg is a nationally recognized personal injury law firm made up of award-winning trial attorneys. We have successfully handled hundreds of injury claims and recovered over $500 million in high-value case results for our deserving clients.
We have the resources, skills, and legal expertise to handle your claim from start to finish. Our skilled attorneys are here to evaluate your claim and explain how we may be able to increase your personal injury settlement. Call (844) 446-9529 or contact us online to schedule a free consultation.
