When you’ve suffered an injury through no fault of your own, but due to another party’s careless, reckless, or wrongful actions, you have a right to file a personal injury lawsuit to recover the compensation you deserve for common injury damages like medical expenses, lost wages, and compensation for pain and suffering.
Unfortunately, the compensation for most personal injury settlements comes from the at-fault party’s insurance company, such as auto insurance after a car accident injury, or property liability insurance after a slip-and-fall accident, and insurance companies are not on your side. Instead, they are more than willing to protect their profits at your expense unless you take crucial steps to maximize your compensation.
What Can I Do Immediately After an Accident?
Protecting your right to recover the maximum compensation in a personal injury settlement may begin at the scene if you can safely use your cell phone to do the following:
- First, call 911 for an ambulance for severe injuries, or arrange for transportation to a hospital or urgent care center, and apply any necessary first aid
- Then, use the phone to take photos of the cause of the injury, such as the vehicles in an accident, a broken balcony rail, or a wet floor in a premises liability case
- If the injury occurred on commercial property, ask for an accident or incident report and get the contact information of the property owner
- If the accident occurred in traffic, get the contact information of the involved drivers
- Add the contact information of any eyewitnesses to the accident
- If there are security cameras nearby, ask the property owner to save the footage
Always go to a hospital as soon as possible after a serious personal injury, preferably right from the accident scene. This provides evidence that your injury occurred in the accident or incident. Ask for a detailed medical report and carefully follow your doctor’s recommendations. Save copies of all medical bills, invoices, and receipts for related expenses. Obtain a copy of your medical report and an employer statement showing your lost work hours, as well as recent tax forms showing your typical earnings.
All of the above provides compelling evidence of the at-fault party’s liability and your damages, helping your attorney to seek the maximum compensation available to you.
Additional Steps to Maximize Your Personal Injury Settlement In California
California’s civil liability laws also allow a personal injury victim to recover compensation for intangible, non-economic damages like pain and suffering and emotional trauma. You can maximize your compensation for these damages by keeping a pain journal to track your level of pain each day during your recovery. The journal can also document the injury’s impact on your life, including your medical appointments, physical therapy sessions, and other adverse effects. If the injury has caused emotional symptoms like PTSD, anxiety, or depression, be sure to seek therapy or counseling so your attorney can present this as evidence of your emotional suffering. Finally, make a list of eyewitnesses who can testify to the way the injury has adversely affected your life.
How a Personal Injury Lawyer Can Help You Maximize Your Settlement
When you hire a Van Nuys personal injury lawyer, they conduct an independent investigation into all aspects of your injury, documenting compelling evidence of the at-fault party’s negligence and liability for your damages. Then, they consult with one or more renowned medical experts to determine a monetary amount to seek for your pain and suffering. This is typically based on the medical expert’s assessment of the painful impacts of your injury and how long you can be expected to feel pain at this level until you reach the maximum medical improvement for your injury.
If the injury caused permanent scarring, loss of an organ, limb loss, or diminished quality of life due to disability, additional compensation may be available for catastrophic injury losses.
