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Lawsuits & Litigation

Can You Maximize Your Injury Claim?

— April 5, 2024

You won’t always be able to maximize your injury claim, but that doesn’t mean it’s not possible.

An accident or incident in which someone gets hurt can take a devastating toll on the victim. Injuries can take time to heal, and medical bills can stack up. Some injuries can also be so severe that they change your entire way of life and affect your career. 

With this in mind, it’s only natural to question whether you can maximize your injury claim to ensure you’re adequately compensated for an incident or accident that wasn’t your fault. While many factors can contribute to whether this is possible, you might be able to in the following ways: 

Proving the Four Elements of Negligence

Most lawyers taking on injury cases will look at the four elements of negligence and see whether you have those to help build a strong case. These elements include: 

  1. The defendant having a legal duty of care
  2. The defendant breaching that duty of care
  3. The plaintiff was injured
  4. The defendant’s breach of duty resulted in those injuries 

They can be broken down even further into: 

  1. Duty
  2. Causation
  3. Breach
  4. Damages 

When these four elements of negligence can be proven, plaintiffs may be entitled to compensatory damages in a lawsuit. Compensatory refers to how much it would cost to remedy or fix the damage caused by the defendant’s conduct.  

Hiring An Experienced Lawyer

When your financial stability hangs in the balance after an accident or incident, having an experienced lawyer on your side can be worthwhile. The more experience they have in cases like yours, the easier it might be for them to bring your case to a successful conclusion. If you’re unsure where to find an experienced lawyer, you can ask friends and family for referrals, search online, or refer to the American Bar Association directory.

Document Everything

Strong evidence can be required to bring a personal injury case to a successful conclusion. As a result, it can be essential to document everything from the beginning. Keep copies of your medical records, a police report if relevant, and contact information from witnesses.

You may also like to have photos, video footage, and any other evidence from the scene that might prove you were a victim in your incident. The more evidence you have, the harder it can often be to dispute the facts. You may then enjoy maximum damages. 

Carefully Calculate Your Losses

Family Gets Stuck with Bills After Baby Passes Away
Photo by Mikhail Nilov from Pexels

When you’re injured due to someone else’s negligence, it’s easy just to consider the immediate costs associated with your accident. Medical bills, in particular, can be at the top of your list. However, there can be other losses to think about, like damage to a vehicle if one was involved, time off work, specialist treatment, and even pain and suffering. Experienced lawyers can help you calculate these losses. 

Don’t Settle Early

Insurance companies are sometimes only too happy to provide a settlement figure when they know you have a strong case. Still, their first offer is rarely their best. Don’t accept the first offer if your lawyer doesn’t believe it’s in your best interest. Instead, negotiate a deal that better reflects the severity of your injuries and losses. 

You won’t always be able to maximize your injury claim, but that doesn’t mean it’s not possible. By proving the elements of negligence, having excellent legal representation, and keeping thorough records, you may be eligible for a higher settlement than you thought possible. 

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