·  Legal News, Analysis, & Commentary

Lawsuits & Litigation

Creating a Strategic Plan for Personal Injury Compensation

— December 14, 2023

An experienced personal injury lawyer can be trusted to expertly set compensation amounts based on past experience and claim outcomes.

Whether you’ve fallen on an ice-covered driveway, discovered your neighbor damaged your riding lawn mower, or experienced emotional abuse in a former relationship, the same result applies: you’ve suffered personal injury. Personal injuries occur in multiple places, in unstructured ways, and often, with varying degrees of injury outcomes. For this reason, the term “personal injury” can be difficult to define when considering your own case. 

The question of “Should I file a personal injury claim?” isn’t actually a question at all when one considers the reality of the answer. An injury requires a claim and successfully defending that claim requires a professional strategic plan for compensation. This is the time to choose a personal injury lawyer in Philadelphia who can offer the best outcomes in obtaining the compensation needed. 

What does a “strategic plan” for compensation look like? Let’s take the subject one step at a time. 

First, what is personal injury law? 

The American Bar Association offers the following, “Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.”¹

Examples of personal injury most often include: 

  • Automobile accidents
  • Trips, slips and falls
  • Emotional or psychological abuse
  • Traumatic head injuries
  • Damage or loss of personal property 

Based on tort law, the one who caused the injury, harm or loss to another shall provide compensation in an appropriate amount to the one who suffered the loss(es). This may include current and future compensation, as well, especially in medical cases where victims potentially require rehabilitation or future medical care. The scope of personal injury law is wide; therefore, it is essential that one engages an experienced personal injury lawyer to take care of the complex issues of the claim made.

Second, who can best represent you in creating a strategic plan for compensation? 

  • You’ll want to consider the lawyer in your greater Philadelphia area who holds excellent  credentials for winning personal injury lawsuits. The credentials will include:
    • Number of personal injury claims successfully filed and defended
    • Number of years the lawyer has spent in personal injury practice (and related worker’s compensation or Social Security disability claims)
    • Examples of successful strategic plans for compensation
    • Written references or reviews of current and former clients
  • Checking the experiential background of a lawyer using the credentials listed above will indicate the depth of expertise your lawyer will utilize to create the strategic plan you’ll need to succeed in your claim.

Third, what’s included in a strategic plan?

After choosing the lawyer who can best represent your injury or loss and claim, you’ll want to offer the crucial elements of your injury or loss and the results of the injury or loss to give your lawyer the complete information needed to represent your claim. For example, you’ll need to possibly submit the following: 

  • medical records
  • anticipated surgical procedures
  • official accident reports or law enforcement reports
  • estimates for future or on-going medical care
  • automobile towing charges
  • automobile repair estimates
  • replacement costs
  • therapist or counselor assessments
  • other supporting documents to make your claim 

Your lawyer will be the best person to advise you regarding the proof of injury or loss required.    

Fourth, how is compensation determined?

Prejudices in Medical Records are All too Common
Photo by Gustavo Fring from Pexels

Depending on the physical and emotional outcomes and the extent of your personal injury or loss, including future needs, your lawyer will create a compensation amount that fits your strategic plan. An experienced personal injury lawyer can be trusted to expertly set compensation amounts based on past experience and claim outcomes.

Fifth, who makes the decisions in a personal injury case? 

In many, if not most, cases a personal injury claim can be satisfactorily settled out of court. This is the common method of resolving a personal injury claim because all parties want to achieve a settlement, finalize the details and move on before other circumstances may lead to either a decrease in injury status or increase in injury status. When a claim does go to court, a judge or jury will listen to a case and make a determination after parties present their arguments. 

If your claim goes to court, it is essential to have an experienced lawyer by your side to fully present your personal injury in the best communicative manner possible. The expertise of your lawyer may make the difference for you between a moderately workable outcome and a strategic win in court. 

Finally, what outcomes can I expect from my lawyer and the strategic plan?

Your lawyer will fully assess your goals before offering the specific plan to defend your claim. You can expect that, having selected an experienced and highly-knowledgeable lawyer, the most advantageous outcomes can be achieved. However, knowing that unpredictable circumstances can alter the trajectory of your claim, be prepared to listen to the advice of your lawyer when offered and, after consideration, follow that advice. It is better to accept an offer of settlement that is reasonable rather than insist on going to court with unpredictable outcomes in play. 

In conclusion, a personal injury is one that causes personal harm or loss. It is to be taken seriously, particularly if medical needs and care are at issue. Although the thoughts of friends and family members can contribute to your decision whether or not to proceed with a personal injury claim, the advice and counsel of an experienced lawyer will not only offer the background needed to inform your actions, it will likely improve and strategically win the final results of that claim. 



Join the conversation!