Personal injury claims used to be dreaded in the past, especially without an Expert Orlando accident attorney. Nowadays, more accident victims are happy to come forward to demand what’s owed to them after suffering damages.
But in most cases, accident victims may not realize how much they can claim or the salient factors to consider. In this article, we go over the most important factors involved in personal injury cases to help you extract the best results.
Building Your Case is Important
Personal injury claims are all about building your claim and ensuring that they clearly prove fault and how the negligence has affected you.
As a personal injury victim, you should work closely with your lawyer to collect all relevant evidence to prove that the at-fault party had a duty of care, breached the duty of care through negligence, and that the breach has caused you damages.
Evidence acceptable may include photographs and videos from the accident scene, eyewitnesses report, medical report, police report, expert witnesses, and more.
Ensure that all evidence collected is carefully arranged to show how much of an impact the accident and the at-fault party’s negligence has cost you.
Remember and Account for Future Damages
Not all accident victims heal completely and return to their normal lives. In fact, most victims of fatal personal injury accidents lose their ability to return to life as normal. This may often be due to disability preventing them from functioning and earning at the top level or medical conditions requiring long-term care.
In such cases, it is important to always remember future damages and account for them when demanding compensation for your losses.
So, for example, if you had been involved in an accident that has incapacitated you and made you unable to return to your job, your injury lawyer should be able to file for future medical costs as well as the loss of your future earning capacity. Such compensations could significantly influence your financial standing in the future.
Technology Can Be Good and Bad
It’s important to recognize the value of technology in proving your personal injury case, but you should also accept that it can jeopardize your chances.
For example, accident reconstruction leverages technology and experts to reconstruct accident scenes and further prove fault. However, being on social media in the aftermath of the accident can also impact your chances negatively.
When dealing with a personal injury case, it is best not to discuss the details of your case with anyone online or offline. Keeping the fine details between you and your attorney (with whom you have an attorney-client confidentiality privilege) can significantly improve your chances.
It’s also important to listen closely to your attorney during the claims process, especially when they warn about disclosing the details over the phone or on social media or moderate the details shared with your insurance provider.
The First Offer Isn’t Always the Best
Insurance companies are businesses looking to make the most profit. This means that they care less about you and more about their pockets.
Most accident victims fail to recognize the power of being offered compensation by an insurance company. They often see it as a golden offer that must be taken. However, this isn’t so because the insurance company wouldn’t be offering you anything at all if your case wasn’t worth much more.
Always remember that the first compensation offer isn’t the final offer. You can always reject the offer until you’re fully sure how many losses you’ve incurred from the personal injury accident. Doing this improves your chances of making a credible demand to cushion losses suffered.
Insurance Claims Can Be Deeply Invasive
Most people do not realize the extent to which insurance companies would go to defend their pockets. However, it is important to be honest with your attorney beforehand so they are prepared to attack any angle the insurance company comes from.
As part of your insurance claim, the insurance company may request information on you, including your employment record, public records, social media profiles, medical treatment records, and more. All of these are to find a chink in your armor to disprove your case, whether outrightly or based on a technicality.
You should be honest and upfront with your attorney, making sure they know everything to keep your case going.
Trials are Not Off the Table
A huge percentage of personal injury cases end in out-of-court agreements, also known as settlements. However, some slip through and proceed to trial, especially when the insurance company isn’t offering a reasonable amount for the victim’s damages.
Trial proceedings can be lengthier. However, they are not necessarily a bad thing. It gives you a chance to prove your case with solid evidence and command a bigger compensation.