Important Details To Remember When Settling A Personal Injury Lawsuit

Sadly, people become injured every day of the week, it’s just a fact of life. In many such cases, the incidents happen because of the carelessness or negligence or another, and sometimes they occur intentionally. As a result, many people lodge personal injury lawsuits. They seek a financial settlement to cover their expenses, pain and suffering. 

Perhaps you have gone down this route and are in the process of settling the claim. We will now discuss the important things you need to remember at this stage. 

Maximize The Power Of Your Legal Advocate

If you have employed a personal injury lawyer for your case, let them lead the way at all times. During the initial consultation, they would have provided an estimate of how much they think you could win, ranging from $10k to millions. They would have asked you to keep track of your medical bills and to let them decide when to pursue the settlement. 

When the combined specialism, experience and previous success of a lawyer come together, people are well-placed to gain justice. Statistics confirm that lawyers enable their clients to receive higher settlement figures than those who go it alone. This is because they have learned how to negotiate with third parties and to understand the medical terminology. They have discovered how to present a case and to use the evidence to the greatest effect. 

Claim For The Future As Well As The Past 

A person may have collected all their medical bills to date, including those for prescription medication, therapy or physical therapy. They may have all the invoices for their car repairs. Whilst all these things should be claimed for from the other party, there is another key consideration: the future. 

If someone will need their house modified to accommodate their new disability, this should also be included. This may include installing wheelchair ramps, support handles, walk-in showers or stair lifts. If the person will need medication long-term or even to have further surgery, this should also be considered.

A person may have submitted previous paystubs so they can claim for loss of earnings following the accident. In some cases, people need to seek alternative work as a result of their new disability. This may be lower paid or part-time. Alternatively a person may never be able to work again. Once more, these things should be factored into the claim. When peoples’ sex lives have been permanently marred as a result of an injury, they can claim ‘loss of consortium’ and enjoyment of life. 

Don’t Be In A Hurry To Settle The Claim 

If a settlement is reached before a case ends up in court, it can save clients lots of money. Added to that, many people are in a hurry to receive their compensation. This could be because of all the expenses they have incurred, or the time the claim is taking. When third parties offer early settlement figures, they are usually less than was originally requested. It’s wise to not be tempted this way and to let your lawyer guide you. 

If you are still awaiting your full medical diagnosis, you are not yet in a position to know how much to claim. Should you accept an offer, you will be unable to reverse it later on. If a Part 36 offer is refused and a lower figure is eventually awarded by the court, you may have to pay the other party’s legal fees subsequent to their offer date. Let your attorney navigate this challenging situation, as they will have an expectation of how much you should eventually receive. 

Don’t Sabotage Your Case

Avoid having personal contact with the defendant’s insurance company. They will want to find inconsistencies in your account of the accident. If they can manipulate you into saying something that will weaken your case, they will do it. Let your attorney be the contact point between you and them. 

If you post a different account of events on social media, the other parties could use it as evidence. If you claim to be unfit for work, holiday or gym photos on Facebook could be disastrous. If you are not taking your prescribed medication or practicing the recommended physical therapy, this too could count against you. 

The settlement stage is a crucial part of the legal journey. Provided you are wise in all your dealings and rely on your lawyer’s expertise, you will be in a good position for success. Whilst you won’t be able to undo the accident, you may be able to gain fair compensation.