You expect your auto insurance to cover some or most of the damages from a car accident, and thankfully, most accident victims don’t have an issue filing a claim. While it can take a while for the claim to process, eventually, you end up with a check.
Unfortunately, your insurance check rarely covers all of your expenses, which can be especially true if your injuries require ongoing care. Maximizing the potency of your legal claim sounds simple enough—however, in reality, it’s a little more complicated. Everyone from the insurance adjuster to the at-fault party will try to limit your claim amount.
Before you accept a settlement offer, here are some tips on how you can maximize your compensation.
Tips On Maximizing a Personal Injury Claim
The following are simple tips that can help increase your settlement amount. Your personal injury attorney may have additional advice.
Get Medical Treatment
Whether it’s a relatively minor fender bender or a serious multi-car pileup, always get checked out by a physician. You may not need to visit an emergency room immediately after the accident but make a doctor’s appointment the following day.
Don’t wait too long to see a physician, you may be placing your health at risk since some injuries can take a while to start showing any symptoms. Ultimately, you may have internal injuries that only show up on diagnostic tests.
Keep copies of your health records to ensure you’re compensated for all of your medical expenses. This may also include any prescriptions, along with forms recommending ongoing treatment. Also, if you make any payments, make sure that you save these receipts.
Collect Evidence
Since Nevada isn’t a no-fault state, the burden of proof is on you, which means you must prove the other driver is responsible for the damages sustained in the accident. While a copy of the police report is a great start. Insurance companies rarely dispute an official police report, but it’s still a good idea to have additional supporting evidence.
Go ahead and snap some pictures of the accident scene: the camera on your smartphone is fine. Try to get a picture of all involved vehicles, especially any damage. Also, make sure that you take some pictures of your injuries. Sometimes a picture can be almost as valuable as your medical file.
Oh, and don’t forget to exchange contact information with any witnesses. If possible, you’ll want to do the same with the other involved driver/s.
If you’re wondering how to get a copy of the accident report, it’s relatively simple. You can submit a request to the state highway patrol and pay a small fee. However, don’t expect your accident report to be ready the next day, it usually takes about a week.
Be Patient
Even though you want to start the claim process with your insurance company as soon as possible, don’t be too eager to accept a settlement check. This especially applies when you’re dealing with the at-fault driver’s insurer.
Most insurance agencies are for-profit businesses, meaning they prefer taking in money instead of paying it out. The initial offer may seem tempting, but you’re still calculating the extent of the damages.
Remember: once you accept an offer, you can’t refile a claim. If costs are still rising as a result of the accident, you’re on the hook for the payments.
Evaluate Your Claim with an Attorney
Working with an attorney is an effective way to maximize your personal injury claim. Sit down with your attorney and go over all of your expenses, which typically include medical and property damage costs.
If the accident is causing you to miss work, add in lost earnings. Some accidents are severe enough to prevent you from returning to work. Did you know you can also claim lost future wages?
Even if you’ve compiled a list of expenses by yourself, your attorney can probably find additional items to claim, which may include non-economic damages like pain and emotional suffering. If your injuries are forcing you to remodel your home for wheelchair accessibility, you can also claim these expenses. You may be amazed at what you can claim to maximize your settlement.
Don’t Discuss Your Case
Okay, you don’t need to treat your personal injury case like a national secret. However, don’t go around discussing case details with friends, family, or a sympathetic stranger at a coffee shop.
Keeping the details private helps ensure the integrity of your case. Remember, everything you say can be used against you. Even though you have a civil lawsuit, some of the same standards apply as in criminal cases.
Besides, you don’t want to place friends and family in the awkward position of being called by the at-fault driver’s attorney. Not discussing your case also means staying off of social media. Don’t post pictures of the accident or discuss your injuries. Letting everyone know you’re recovering is okay, but keep the details vague.
Avoid Procrastination
If the thought of potentially going to court is nerve-racking, you’re not alone. Almost no one wants to end up in civil court—however, procrastination can also be problematic. Not only can you lose witness availability, but you may miss vital filing deadlines.
Nevada has a statute of limitations on personal injury cases, and there are very few exceptions. You have two years to file a claim before running out of time.
First Impressions are Important
The majority of personal injury cases are settled before going to court, this may not apply to yours. If your claim ends up in civil court, your case will either be decided by a judge or jury.
We’re taught not to judge people based on a first impression. After all, anyone can have a bad day. However, first impressions also carry a lot of weight, so make sure that you dress professionally, according to court regulations, and keep your emotions under control.
Let Your Attorney Maximize Your Claim
The most effective way of maximizing a personal injury claim is undoubtedly to reach out to an experienced accident attorney. Their expertise not only lies in accurately calculating your damages but also in effectively negotiating with insurance companies, ensuring that you receive the highest possible settlement amount.
Furthermore, an experienced attorney can navigate the complex legal system, providing you with peace of mind and allowing you to focus on your recovery.
