Maximizing Compensation in a Personal Injury Lawsuit

Tips for Getting the Most Out of Your Lawsuit

Personal injury settlements can vary widely. No matter the extent of your injuries, you want to receive the maximum compensation possible from your personal injury claim. Unfortunately, not everyone achieves this goal. Those who do maximize their recovery do it because they work with reputable counsel, like Cava Law Firm. We strategize and execute a plan to make it happen. Keep reading to learn about how a qualified personal injury lawyer can help increase your settlement.

Retain a Qualified Attorney

A personal injury settlement is not straightforward. Often, you will be negotiating with a big insurance company that wants to deny as many claims as possible. Insurance is a big business and their main goal is to maximize their own profit. Paying out a large settlement to you will hurt their bottom line. You need an experienced lawyer in your corner to help navigate the legal process, build a strong case, and ensure the negotiations go in your favor.

Cava Law Firm is here for you. Call us at (413) 737-3430 or (413) 781-CAVA (2282) to find out how we can use our legal skills and knowledge to get you the compensation you deserve.

Stay Quiet

After a car accident or other personal injury accident, you will likely be emotional, nervous, anxious, or some combination of these. You may be tempted to talk with others about the accident and what led up to your injury event. Resist the urge to do so without first talking with an experienced attorney. What you say can and will be used against you.

In Massachusetts, individuals who are the primary cause of their injuries cannot recover any compensation for their losses. There are several ways an insurance company or other defendant might try to prove your responsibility for your injuries. Careless words like “I am so sorry” or “I should have looked where I was going” are devastating, because they can be used by attentive defense lawyers as evidence of your responsibility.

Document Everything and Preserve Evidence

If you can do so safely, you should take pictures and videos of the scene of your accident. Also, collecting the names and contact information for any witnesses can be helpful after a car accident. You can back up the photos and videos and keep the contact information safe. These steps can provide evidence that may help support your claim and maximize your compensation. If there is a disagreement about what happened or who is at fault for your injuries, evidence collected at the scene and unbiased witness testimony are some of the best ways to settle the dispute. Consulting with a car accident attorney can also provide you with the guidance necessary to navigate the complexities of your case efficiently.

Evidence from the scene is not the only evidence needed to support a large settlement. You should also keep:

• Medical bills;
• Treatment records;
• Police reports;
• Pay stubs and proof of lost wages;
• Invoices for property damage; and
• Any other expense related to your accident.

It is also useful to retain notes of any conversations with health care providers. The more evidence you have of what actually happened and its impact on you, the stronger your claim will be and the higher your chances of winning.

Seek Medical Attention and Follow Up

After an accident, you want to ensure that all your injuries are treated, even minor and invisible ones. The injuries sustained play a significant part in determining the amount of compensation you receive in a personal injury case. Delaying treatment can make it more difficult to receive the full amount of compensation you deserve. Additionally, medical records will be important evidence regarding the severity, origin, and impact or cost of the injuries.

It is also critical to be honest with the treating provider so your credibility does not become an issue later on. Do not exaggerate or downplay your injuries. By ensuring your injuries are well-documented, you can ask for a higher settlement. You should be able to ask for recovery of all medical expenses related to your injury, so there is no downside to seeking medical attention. You should also strictly follow any treatment plan recommended by your doctor.

Assess the Value of Your Claim

One way to maximize your settlement is to be sure you get compensation for all your losses. Your personal injury lawyer can help you categorize the different types of damages you suffered. Some types of damages may not be immediately obvious to an inexperienced attorney or unknowing victim.

After you have identified the damages, the next important step is to value them. You may have receipts and invoices for some medical expenses, but valuing some damages can be difficult. For example, it is tricky to assign a dollar amount to emotional losses or disability. However, once you have fully assessed your harm and accounted for all your damages, you can be armed with an estimate that will help maximize your compensation. This process will also ensure you claim every category of damages to which you are entitled, which will help earn you a sizeable settlement.

For example, an average hospital stay can cost as much as $10,000 per day. If you make $30 per hour, missing a week of full-time work could cost you $1,200 in missed wages, less taxes. Consider not only the expenses and losses you have already experienced but also those you might reasonably face in the future. Do not forget about intangible losses you suffered, such as pain and suffering.

The more comprehensive and detailed you are when assessing your claim’s worth, the more confident you will be before the court when you must defend and justify that amount.

At Cava Law Firm, our personal injury attorneys are well-versed in assessing the value of claims and advising clients on when to accept a settlement that is fair and reasonable. Schedule a free consultation today to get started on your own claim: at (413) 737-3430 or (413) 281-CAVA (2282).

File Your Claim as Soon as Possible

There are a couple of problems with waiting too long to file a claim. First, evidence can get stale. People’s memories can fade, videos can get deleted, and it gets harder to provide details the longer you wait to file a claim. Providing those details can have a direct impact on the amount of settlement you receive. Therefore, it is advisable to move as quickly as possible.

Second, there is a statute of limitations, which provides a deadline for filing a lawsuit. If you wait too long, you might not be able to file your claim and you completely lose the chance to seek recovery. Filing your case as early as practicable ensures you have time to gather evidence and build a strong case to get truly compensated.

Finally, filing a claim sooner rather than later can communicate to the insurance company’s attorneys that you are invested in your recovery and engaged in the process. In other words, a promptly filed injury claim tells the other party that you are serious about exercising your rights and pursuing full compensation. This could lead the insurance company to offer a higher settlement award than they might otherwise be willing to offer.

Be Patient

You may be tempted to jump at the insurance company’s first offer. They will try to get you to settle as quickly as possible by making a low lump-sum offer that seems appealing. Many claimants are eager to get the negotiations behind them and money in their pockets. However, this could prevent you from obtaining the maximum compensation possible. If you are patient and show that you are willing to fight, the payoff could be greater. Waiting could allow you to account for future expenses and wholly assess the full scope of your long-term damages.

Push Back When Necessary

Do not be afraid to be bold and assertive during settlement negotiations. Let the other party know the value of your claim and what you are willing to accept to settle your case. You might be surprised how much a negligent party or their insurance company is willing to pay to avoid the costs and uncertainties of a trial.

The truth is that while you and your attorney evaluate the strengths and weaknesses of your case, the other party and their insurance company are doing the same thing. They are reviewing the case’s evidence and determining the point at which it makes more sense for them to settle your claim.

Make a Good Impression

Your demeanor and actions have a big impact. If you were argumentative at the scene of your accident or come across as entitled, the insurance adjuster may assume you were at fault or are not as injured as you claim. Likewise, if you post about your case all over social media, you may seem bitter, or like you are not following doctor’s orders to recover from your injuries. Similarly, if your case goes to trial and you leave a bad impression, the judge and jury will not want to vote in your favor.

It is important to remember that anything you say or post or do can be used against you in your case. Therefore, you should be respectful and come across as deserving and sympathetic in all interactions. Appropriate and smart behavior can convince the other side to offer you a fair settlement.

A skilled personal injury lawyer can help immensely. One of your attorney’s primary roles is to act as your spokesperson for your claim. Law enforcement officers, adjusters, and members of the media would all have to speak with your attorney if they wanted information or comments. Your attorney can then reply to requests for information in a way that is professional but does not affect your legal rights.

Final Thoughts

Ultimately, you can maximize your compensation by having a strong case and obtaining irrefutable evidence and paperwork to support your position. A professional personal injury attorney can help determine exactly what needs to be done in your specific case. However, taking steps to avoid compromising your proof and your reputation, and knowing the comprehensive value of your claim will go a long way. If you are confident in your stance and committed to getting fair compensation with a qualified personal injury lawyer on your side, you will be able to negotiate for just compensation.

The personal injury attorneys at Cava Law Firm are dedicated to maximizing clients’ compensation. Call (413) 737-3430 or (413) 781-CAVA (2282) to learn why winning is NO accident.

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]