Rtn. Adv. Sonia
Tips to Maximize Your Personal Injury Compensation

Tips to Maximize Your Personal Injury Compensation

Millions of people are injured each year as a result of injuries they have suffered due to the negligent actions of another. Common personal injuries include slips, trips and falls, road traffic accidents, medical errors, workplace accidents and defective products. According to the National Safety Council (NSC), 11.7 million people were treated in emergency departments for consumer product-related injuries in 2021. Many of these injuries involve everyday products such as household cleaning products, televisions and even beds.

If certain conditions are met, the injured party may have sufficient grounds for filing a personal injury claim. Personal injury law allows the injured person to file a civil lawsuit seeking a legal remedy for the harm or losses they suffered. This monetary award, known as damages, can compensate a person for their medical expenses, loss of income, pain and suffering, and more.

Most personal injury claims are settled out of court meaning the dispute is settled without the intervention or determination of the courts. If you have suffered a personal injury an experienced personal injury lawyer can help you navigate your claim to ensure you receive a fair and full settlement. In this article, we will discuss some helpful tips to ensure you maximize the amount of compensation you are entitled to during negotiations.

Have a Figure in Mind
Before you begin negotiations with the other party, their insurer or legal representative, it is advisable to have a figure in mind representing the value of your claim. This will aid your negotiations by setting a minimum amount that you are willing to accept.

In order to determine your figure, include out-of-pocket expenses such as property damage, lost earnings, doctor’s bills and travel expenses to and from appointments. Intangible, or non-economic damages, such as emotional distress, pain and suffering and loss of enjoyment of life should also be factored in.

Do Not Take the First Offer
Negotiations in personal injury settlements can often be lengthy with offers and counter-offers being commonplace. A bottom line figure can act as a guide regarding what you are entitled to.

Many insurance companies will begin with a very low settlement offer. This is a common strategy used to assess the claimant’s appetite for negotiations and whether they understand the true value of their claim. Upon receiving an offer, make sure to measure this against the value of your claim to determine its reasonableness. If it is too low, return with a counteroffer stating why the sum should be higher based on the facts of your case.

Ask Them to Justify Their Offer
Where the initial offer is unacceptably low, rather than responding with a counter-offer, ask the other party to justify their rationale for their offer. This can reveal whether they are simply trying to reduce the amount they have to  pay out or whether they have legitimate reasons for doing so.

By countering their response based on your estimates they will realize your understanding of the claim and their need to respond reasonably with supporting evidence for their offer.

By following the guidance in this article you can ensure you receive the maximum amount of compensation you are entitled to for your injuries.

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