If you’ve suffered an injury in an accident, you might wonder what steps to take next. You're in pain, missing work and the medical bills are piling up. The insurance company is calling, but you're unsure if you can trust them. You may be entitled to a settlement, but how do you get it?
The key is to hire an experienced personal injury lawyer. A good lawyer will fight for your rights and get you the money you deserve. They know how to build a strong case, negotiate with the insurance companies, and take your case to trial if needed.
Get Medical Treatment Right Away
After getting hurt in an accident, the most important thing to do is see a doctor. Don't wait, even if you think your injuries aren't that bad. Some injuries take time to show up. And the longer you wait, the harder it will be to prove your case later. Insurance companies will use gaps in treatment against you.
Tell the doctor about all your symptoms and pain. Be specific about what hurts and how much. Follow their advice for treatment, referrals, and restrictions. Go to all follow-up appointments. This builds a record of your injuries from the start.
The medical records will be key evidence in your case. They document the injuries and treatment. They show you did everything you can to get better. Skipping or delaying treatment makes it look like you weren't hurt.
A personal injury attorney can help ensure that you find care if you don't have insurance. Many doctors will treat you with just a "letter of protection." That's a promise from the lawyer that your medical bills will get paid out of the settlement.
Don't Talk to the Insurance Companies
After an accident, the other side's insurance company may contact you immediately. They want to take your statement about what happened and your injuries. Do NOT talk to them! They want you to say something they can use against you later.
Adjusters may also offer you a settlement right away before you know the full extent of your injuries. They want you to take a lowball offer and sign away your rights.
The best thing to do is tell the insurance company to talk to your personal injury lawyer. Your lawyer will handle all communication with the insurance companies.
Gather Evidence to Support Your Claim
To win your case, you need evidence that clearly shows:
- The other party was at fault for causing your injury
- The extent of your injuries and damages
A personal injury lawyer knows what evidence to look for. They will investigate the accident, gather records, and build the strongest case. This may include:
- Police accident reports
- Photos of the accident scene
- Witness statements
- Medical records and bills
- Professional medical opinions
- Pay stubs and tax returns to prove lost income
- Testimony from friends and family
It's important to have someone working on this immediately while the evidence is fresh. Physical evidence can disappear quickly. Witness memories can fade. Let your lawyer worry about building the case so you can focus on healing.
Know What Your Case Is Worth
Many factors go into the value of a personal injury case. These include:
Type and Severity of Injuries
The more severe and long-lasting your injuries, the more your case is likely worth. Permanent injuries, disabilities, and disfigurement increase the value. Injuries that fully heal are worth less.
Medical Bills
You are entitled to compensation for all medical bills related to the accident. This includes ambulance services, hospital stays, doctor visits, surgeries, therapy, medications, medical equipment, and more. It also covers future anticipated medical needs.
Lost income
If your injuries kept you from work, those lost earnings are part of your damages. You can also include lost earning capacity if the injury affects your ability to work and earn in the future. Bonuses, commissions, self-employment, and other non-salary income count.
Pain and Suffering
You can recover from the physical pain and emotional distress caused by the accident and injury. This includes depression, anxiety, PTSD, sleep loss, limitations on activity, and loss of enjoyment of life.
Other Damages
You may sometimes get punitive damages to punish the other party for extreme misconduct. If your loved one dies, you can pursue wrongful death damages. Your personal injury lawyer will identify all damages you can claim.
Be Prepared for a Fight
Winning a personal injury case is rarely easy. Insurance companies don't just hand over fair settlements. They will make you fight for it. Their goal is to pay out as little as possible.
The insurer may question the extent of your injuries or the need for treatment. They may blame you for the accident or claim you had pre-existing conditions. They have high-priced lawyers looking for any reason to deny your claim.
A personal injury attorney levels the playing field. Your lawyer is your champion against the big insurance companies. Personal injury attorneys know the tactics insurers use. They know how to fight back and get you the best outcome.
Most personal injury cases settle out of court. But you need a ready lawyer who can take your case to trial if needed. This shows the insurer you mean business. Otherwise, they will not offer a fair settlement.
Your lawyer may need to file a lawsuit to get the insurer to negotiate in good faith. A trial is risky for both sides. The insurer knows your lawyer may convince a jury to award you far more than they want to pay.
Don't Let the Clock Run Out
Personal injury cases have strict deadlines called statutes of limitations. You only have a limited time after the injury to file a lawsuit. If you wait too long, the court will dismiss your case.
The exact deadline depends on the type of case and the state. Some may be as short as one year. Others may be two to three years, or rarely, longer. But you never know what may delay your case. So, the sooner you take legal action, the better.
Choose the Right Lawyer
Your choice of lawyer can make or break your case. Don't trust your case to just anyone. Personal injury law is complex. You need someone focusing only on personal injury cases, not a jack-of-all-trades.
Look for a personal injury lawyer with many years of experience and a track record of success. Check their online reviews and ask about their reputation in the legal community. Insurance companies know that lawyers are willing to fight them in court. Those are the lawyers who get the best settlements.
Ask how many cases the lawyer has handled like yours. Have they taken cases to trial? What results have they gotten for their clients? Don't be shy about asking tough questions. You are putting your financial future in this lawyer's hands.
Most personal injury lawyers offer a free consultation. Schedule consultations with several lawyers. Ask them to explain the strengths and weaknesses of your case. See how comfortable you feel with them. Go with the lawyer you feel has the best skills, experience, reputation, and rapport.
Learn more: What Questions Should I Ask a Personal Injury Lawyer?
Consider a Settlement Offer Carefully
Most personal injury cases end in a settlement. This is an agreement for the insurer to pay you money to release all claims. To get the best settlement, you need to be willing to fight for it in court. Insurers don't pay fair settlements to people they don't think are a threat to go to trial.
Once your personal injury lawyer has built your case, they will make a demand to the insurer. The initial demand is higher than your lawyer expects to get. It leaves room to negotiate. The insurer will make a counteroffer, which is usually far too low.
If the insurance company offers a settlement, review it carefully with your lawyer. Have your lawyer explain how much you will net after legal fees and expenses. Make sure it will cover your future medical needs.
Once you settle, you likely can't go back for more money later. Consider the settlement offer in light of the strength of your case. How bad do your injuries impact your life? Is there a risk of losing at trial? What is the range of likely outcomes? What are the chances of collecting the judgment?
Most personal injury lawyers work on contingency, meaning they only get paid if you win. Lawyers working on this fee arrangement are highly motivated to secure the best possible settlement or verdict for you. Trust their advice on whether the offer is fair.
Remember, you have the final say on accepting an offer or going to trial. Your lawyer will advise you but won't pressure you. Don't be pressured by the insurer, either. Take the time to understand your options and make your best choice.
Take Your Case to Trial
If the insurance company won't settle for a fair amount, your only choice may be to take them to court. A personal injury trial is a battle of evidence before a jury. Going to court is a big decision. Make it carefully with your lawyer's guidance.
Your lawyer must prove the other party was negligent to win at trial. This means they failed to be careful in their legal duty, which caused your injuries.
Your lawyer must prove:
- The other party owed you a duty of care
- They breached that duty
- The breach caused your injuries
- You suffered actual damages
Your lawyer will present your evidence and call witnesses. The insurer's lawyers will cross-examine your witnesses and present their case. Then, your lawyer can cross-examine them or present rebuttal evidence.
Both sides will make closing arguments. Then, the jury will deliberate and reach a verdict. The jury decides if the defendant is liable. If so, they decide how much money to award you.
Trials are always a gamble. Juries can be unpredictable. You may get a big award, or you may get nothing. Smart insurance companies settle when they know you have a strong case. It's not worth the risk of a massive jury verdict.
The threat of a trial is your biggest bargaining chip in settlement talks. Insurers will pay more to settle strong cases they might lose at trial. That's why your choice of lawyer matters so much.
File an Appeal if Needed
If you lose at trial, the fight may not be over. You can ask a higher court to review the case for errors. This is called an appeal.
An appeal is not a new trial. You don't get to present new evidence. The appeals court just reviews whether legal mistakes affected the outcome. Common grounds for appeal include:
- The jury received improper instructions
- They improperly excluded or included evidence
- Juror misconduct
- The verdict goes against the weight of the evidence
Appeals are complicated and technical. Not all lawyers have experience with appeals. Make sure to hire a personal injury lawyer with appellate experience.
If you win your appeal, the court may overturn the verdict or order a new trial. The insurance company may then be willing to settle to avoid another trial.
Collect Your Judgment or Settlement
You still need to collect the money once you have a final judgment or settlement. The insurance company will usually send a check to your lawyer's trust account.
Your lawyer will deduct fees and expenses and then give you your portion of the money. In big cases, your lawyer may set up a structured settlement. This pays out the money over time for tax benefits or to protect you from spending too fast.
In rare cases, the insurer may not pay. They may file an appeal or even declare bankruptcy. If so, your lawyer must take more legal action to collect your money. Insurance may not cover punitive damages at all. Your lawyer may need to go after the defendant's assets directly.
Your personal injury lawyer's job isn’t complete until you receive compensation. Collecting the money is a key reason to have a lawyer in the first place. Make sure your lawyer has experience with this final phase of the case.
Trust Your Case to a Personal Injury Lawyer
Winning a personal injury case is never easy. You need to overcome jury bias, sympathetic defendants, and stingy insurers. Having the right lawyer in your corner can make all the difference.
Personal injury law is a specialty. You don't want a divorce lawyer or a criminal lawyer dabbling in your case in their spare time. Look for an experienced personal injury lawyer who handles cases like yours daily.
Reach Out to A Personal Injury Lawyer Today
Reach out to a personal injury lawyer today. Remember, the lawyer only gets paid if you win. And most lawyers will advance case expenses, so you're not out of pocket.
There's no downside to at least going to a free consultation with an experienced personal injury lawyer after an accident. But there is a huge potential upside. The lawyer only profits if you do. That's a powerful incentive to get you the most money possible.
