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How to Make Sure You Get the Maximum Compensation for a Personal Injury Claim

This article discusses the numerous factors that affect a personal injury settlement and tips for how to maximize compensation in a personal injury claim.

Stethoscope sitting on top of money and medical form
JF

John P. Ford

December 2, 2024 09:43 AM

If someone caused your injuries in Buffalo, New York, you may have a personal injury claim against them. This article discusses how to assess how much your claim is worth and how to maximize compensation for your claim with the help of a Buffalo personal injury attorney.

A personal injury claim alleges the party who caused your injuries is financially liable for the harm and damages they caused. Damages include medical bills, lost wages, and other economic damages. Non-economic damages, such as emotional distress and pain and suffering, are also included.

How to Determine How Much My Personal Injury Claim Is Worth

Every personal injury case is different. The value of damages is based on your case's individual facts and circumstances. Generally, factors that influence the value of your case include:

  • The type of injuries you sustained and the treatments you received
  • The severity of permanent impairments and disabilities
  • Whether you sustained severe scarring and disfigurement
  • The degree of emotional suffering experienced because of the accident and your injuries
  • The cost of your lost wages, personal care, and out-of-pocket expenses
  • How your injuries impact your ability to work and perform everyday tasks
  • Whether your injuries prevent you from working in the future or reduce your earning capacity

Calculating the value of economic damages (i.e., monetary losses) is straightforward. You must have proof of the amount of the loss. However, future losses are more difficult to estimate. You may need to retain medical specialists, financial professionals, and other experts to assist with the valuation.

Placing a value on non-economic damages (i.e., pain and suffering) is more challenging. Although the multiplier method is popular, there is no standard formula for calculating pain and suffering. Generally, your non-economic damages equal your economic damages times a multiplier of one to five.

Tips to Maximize Compensation for a Personal Injury Claim

Securing the maximum amount for your personal injury claim is essential for your financial stability and continued recovery. Ways you can maximize a personal injury settlement include:

Gather Evidence at the Scene

Some circumstances and injuries may prevent you from gathering evidence after an injury. However, if it is safe, take pictures and make a video of the accident scene. Try to capture any hazards that contributed to the cause of your injuries. Write down the contact information of eyewitnesses.

Always Report the Injury or Accident

Regardless of the severity of your injuries, call 911 to report car accidents and intentional torts (i.e., assault). Notify managers and property owners if you slip and fall on their property. When reporting an injury or accident, do not admit fault. Instead, state the facts without making assumptions of fault.

Seek Immediate Medical Treatment

You must document your injuries for a claim. See a doctor as soon as possible. Delays in medical care can negatively impact your case.

Document Everything

Keep copies of all documents related to your claim, including accident reports, medical bills, letters, receipts, lost wages, etc. If you speak with an insurance company or other party, note what was discussed during the conversation.

Do Not Accept a Quick Settlement

The at-fault party or the insurance provider may make a quick settlement offer. First, you need to complete medical treatment before accepting an offer. You cannot know the extent of your damages until you have completed treatment.

Second, the initial settlement offer will likely be lower than the value of your claim. You have the right to negotiate for a higher amount. Be prepared to negotiate by calculating your damages and preparing evidence to support your calculations.

Work With an Experienced Personal Injury Lawyer

Hiring a personal injury attorney is another way to maximize compensation for a personal injury claim. Statistics show that settlements in cases handled by attorneys are generally higher than those handled by the victims.

A personal injury lawyer understands how to build a strong case proving fault and liability, an essential step in maximizing compensation. They also know how to use the factors in your case to calculate the maximum amount available for damages.

Most personal injury attorneys offer a free consultation. Therefore, speaking with an attorney about your case costs nothing. You may discover your case is worth more than you initially thought.

Headline Image: Adobe Stock/amazing studio

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