Steps to Settle a Personal Injury Claim: What To Do And Avoid
Personal injury accidents are sadly a common situation in California. In fact, the National Safety Council reports a 16.1% increase in serious injuries year-over-year. These incidents typically involve an individual who has been harmed as a result of the negligent actions of other parties, usually from a wet floor in a slip and fall accident, vehicle accident, motorcycle crash, defective products or drugs, pedestrian accident, and others.
When a personal injury accident happens, the injured person must be able to prove that the responsible party was at fault in order to file a claim and get a fair settlement compensation for their medical expenses, emotional distress and damages. If both parties fail in settlement negotiations and can’t agree on a favorable deal, the case can go to trial.
If you or a loved one has been injured, it is important to know how to reach a favorable personal injury settlement. As an award-winning law firm with a wide range of experience in personal injury cases, the Farahi Law Firm team created a list of steps to settle a personal injury claim successfully!
Navigating Personal Injury Negotiations: A Guide to Doing It Right
Below are the dos and don’ts when you’re trying to get the most value out of our personal injury case and lawsuit settlement negotiation:
What to DO
#1 Preserve Evidence
On the legal representation side, preserving evidence is crucial in a claim for personal injury lawsuit settlement because it is the primary means of proving fault and establishing non-economic and economic damages. The more evidence that can be collected and preserved, the stronger the case (and the settlement award) will be.
#2 Get Medical Treatment
Getting medical treatment, physical therapy and medical care is necessary when negotiating a personal injury settlement amount to establish the extent of the injuries and medical treatment required, this can help to document the injuries and link them to the accident.
#3 Value Your Claim
This helps you to determine the amount of settlement compensation you are entitled to receive. A proper evaluation of the personal injury claim takes into consideration the nature and severity of the injuries, the physical pain, the medical expenses or health care medical bills, monetary losses, and additional bills, like attorney fees, incurred as a result. Also, other expenses such as loss of wages or non-economic damages such as loss of quality of life or anxiety or depression in their daily life.
#4 Build your claim
Even if you have been following the Farahi Law Firm tips to negotiate a personal injury settlement and you already know the value of your case, it is necessary to review it with your legal team. An experienced personal injury lawyer can help you to build a successful case and get the reasonable settlement compensation you deserve.
#5 Make A Good Impression
Keep in mind that not all claims can be agreed upon at first. Sometimes it takes time and it can be moved to a litigation process. If your case is taken to court, it is important to give an amazing first and all-time impression. The jury can be influenced by the way you behave.
What NOT To Do
#6 Downplay Your Injuries
After an accident, some injured parties downplay their pain and type of injuries. Even if you think your physical injury is not too severe, don’t minimize them. An aggressive insurance adjuster or the defense of a third party can use this against you and reduce your financial compensation or additional damages.
#7 Don’t Wait To File A Case
Even if you’re focusing on your medical treatment first and you think you have enough time to file a case, it is important to know that every second it passes after an accident, can impact your settlement. Waiting too long to file a case can affect your personal injury settlement.
#8 Don’t Forget Future Damages
A personal injury accident can cause severe injuries and psychological damages that need prolonged medical treatment. Even if your injuries aren’t that fatal, keep in mind that property damages, lost wages or medical bills can still be a bother in the future. When you seek a fair settlement agreement, it is important to think about the future medical expenses and compensatory damages that you need to cover.
#9 Don’t Post On Social Media
Sub rosa. Aggressive claims adjusters and insurance companies will be using everything they got to minimize your settlement. Information posted on social media is one of the main pieces of evidence they use to try and deny accident victims the maximum compensation possible.
#10 Don’t Accept The First Offer
As mentioned, insurance companies and claims adjusters try everything to close the claim as fast as they can. To do that, they can offer a quick settlement check for your medical bills and they will not respect your injuries, special damages, and legal rights. Don’t sign anything and decline their offer before seeking legal advice. You must have an experienced attorney review your case and their offer first.
Negotiating a Fair Personal Injury Settlement
Keep in mind that not all personal injury cases are the same, and even if we share with you a good strategy of how to negotiate, it is necessary to have an expert team of accident lawyers by your side to help you through the steps to settle a personal injury claim.
At Farahi Law Firm, we have experience dealing with insurance adjusters. We know they can be tricky and will try to downplay personal injury victims’ claims. To be safe from such situations that can reduce your bodily injury settlement, here are five things you should never say to an insurance adjuster:
- Don’t say you are the fault party. Never admit fault or say something similar. Wait until your attorney comes to accident scene and talk to him first to understand the situation and find out if you do have liability.
- Don’t answer any questions. Aggressive adjusters will try to ask about your version of the incident. Don’t tell them anything unless your personal injury lawyer is by your side to help you.
- Don’t tell him about your physical or emotional condition. Wait until your medical records and statement record (made by personal injury attorneys) is ready. A simple “I’m fine” can change it all.
- Speculate about the accident. Even if you have a notion of what may happen about your accident, don’t make suggestions or speculate, as this can affect your judgment.
- Don’t say yes to a settlement offer. As we already discussed in this article, adjusters may offer you a settlement to end your claim. Don’t sign anything until you reach a personal injury attorney.
Call An Award-Winning Personal Injury Attorney
Justin P. Farahi is an award-winning attorney dedicated to taking care of clients and getting the maximum reasonable settlement they deserve.
Farahi Law Firm has a powerhouse team of attorneys, medical professionals, and case handlers that know how to deal with insurance companies on your behalf. We are here to hear about your accident, understand your case, and give you access to the medical treatment and legal advice you need to file a personal injury claim and fight for justice.
We work 24/7. Reach us and get free initial consultation of your case. We speak English, Spanish, and Filipino.
