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How to Increase Settlement Value for Your Personal Injury Case [2025]
When you've been injured in an accident, one of the most pressing questions you'll likely ask is, "Will my settlement offer be enough?" Personal injury settlements can be a life-changing financial resource to help you cover medical bills, lost wages, and other unforeseen costs related to your injury. However, many people find that their initial settlement offer from the insurance company is far too low to adequately cover all of their damages. The good news is that there are several steps you can take to increase your settlement value and ensure you get a fair amount for your claim.
How to Increase Settlement Value
The key to increasing settlement value in your personal injury case lies in effective preparation. Insurance companies will typically start with a low-ball offer, hoping you'll accept it and be grateful just to have gotten something. To avoid being short-changed, you need to follow a well-thought-out approach that demonstrates the full extent of your damages. The first step is hiring a personal injury attorney with a proven track record. Here’s how you can do just that:
1. Hire the Right Attorney to File and Start Your Claim
The first step in the process is to find a good personal injury attorney. They will file your claim with the responsible party's insurance company for you. If you haven’t already, make sure you report the accident and provide any details about the incident, including where and when it occurred, and how it happened. Filing the claim is essential for getting the ball rolling.
2. Gather Evidence
Strong evidence is the backbone of any successful personal injury claim. Your attorney will use this to prove fault and ensure you are able to receive the most compensation possible. Here are some of the critical elements you'll need to collect to substantiate your case:
- Go to the Doctor / Get a Medical Examination: It’s crucial that you see a doctor as soon as possible after your injury. Even if you don't think your injuries are severe, some conditions may not become apparent until later. A medical examination will not only help in treating your injuries but also serve as documentation of your condition, which is critical for your settlement negotiations.
- Collect Evidence of Damages: Be thorough in documenting the full extent of your damages. Some of the common categories of damages include:
- Damage to Your Car: If your vehicle was involved in the accident, make sure to obtain repair estimates and take photographs of the damage. This evidence will serve as proof of the financial loss associated with the accident.
- Injuries and Medical Treatment: Keep track of all medical treatments you’ve received, including hospital visits, surgeries, physical therapy, and follow-up appointments. Additionally, get a copy of your medical records and bills, as these will be critical in proving the financial burden of your injury.
- Emotional and Psychological Damage: If your injury has led to emotional or mental distress (e.g., anxiety, depression, PTSD), document this through therapy sessions, counseling, or statements from a mental health professional. Emotional suffering can be included in your settlement as "pain and suffering."
- Lost Wages and Loss of Earning Capacity: If you had to miss work due to your injury, calculate your lost wages. If your injuries have affected your long-term ability to work, you may be entitled to compensation for loss of earning capacity.
Loss of Enjoyment of Life: If your injury has impacted your ability to enjoy activities you once loved, such as exercise, hobbies, or socializing, this can also be a factor in your settlement.
3. Evaluate Your Total Losses
Once you've gathered the necessary evidence, it’s time to calculate the full scope of your losses. Your attorney will help you be thorough in your evaluation, without inflating your claim. The goal is to present an accurate and fair account of your damages. While it’s tempting to add extra expenses or exaggerate the effects of your injury, this can backfire and hurt your credibility. On the other hand, it is important to include everything that is fairly yours to claim, some of which include sometimes overlooked expenses like vet bills if your pet was injured in the accident.
4. Calculate a Fair Claim (But Don’t Go Overboard)
It’s essential that you know the fair value of your claim. Your attorney will help you estimate the cost of your medical bills, lost wages, and any future expenses related to your injury. This calculation should serve as the basis for your negotiation. Keep in mind that insurance companies are not obligated to pay you the full amount you may request. However, by presenting a reasonable claim, you are more likely to achieve a settlement that meets your needs.
5. Send a Detailed Demand Letter to the Insurance Company
A demand letter is a formal document your attorney will send to your insurance company to requesting compensation for damages. This letter includes a summary of the accident, an outline of your injuries and their impact on your life, and a breakdown of the damages you are seeking.
Since the demand letter is often the first opportunity to show your insurance company the full extent of your injuries, it's important to work with your attorney to provide them with all of the intricate details to ensure they are properly equipped to make a compelling argument on your behalf. Not only will this help the entire filing process easier, but it will help increase your odds of getting a higher settlement offer.
6. What to Expect for the First Offer
After submitting your demand letter, expect the insurance company to make an initial offer. This first offer is likely to be lower than what you’re asking for—it’s their starting point in the negotiation. Do not feel compelled to accept this offer, as it’s typically a low-ball figure meant to save the company money. Negotiations can become a back and forth while their final offer is reached. If this amount is still not enough to cover the extent of your needs, it may be time to file suit.
7. When to File a Personal Injury Lawsuit?
If negotiations with the insurance company stall or you feel that they are being unreasonable, filing a personal injury lawsuit may be the next logical step. A lawsuit forces the issue into the court system, and the insurer will need to either settle with you or face the risk of losing in front of a judge or jury. Your attorney will handle all the details of this step and prepare to take this case to court on your behalf.
Factors to Maximize Your Personal Injury Settlement
Aside from the basic steps of preparing your case and negotiating with the insurance company, there are several other factors that can affect the value of your settlement:
Demonstrating Liability
Insurance companies are more likely to offer a higher settlement if you can demonstrate clear liability on the part of the defendant. Strong evidence proving fault, such as eyewitness statements, video footage, or police reports, can increase your leverage in negotiations.
Your Injuries’ Severity
The severity of your injuries plays a significant role in determining the settlement value. Severe injuries that require extensive medical treatment and result in long-term disability will typically lead to higher settlement amounts. Be sure to document the full extent of your injuries and how they affect your life moving forward.
The Role of Expert Witnesses
Expert witnesses, such as medical professionals, accident reconstruction experts, or economists, can lend credibility to your case and bolster your settlement demands. For example, a doctor could testify about the long-term implications of your injuries, while an economist might provide an estimate of your future lost wages or medical costs.
Should You Go to Trial?
While many personal injury cases are resolved through settlement, there are times when going to trial is the best option. If the insurance company is unwilling to meet your demands or you are unable to reach a reasonable agreement, a trial might be necessary. You deserve to have the compensation you need after a wreck to set your life back straight, and doing so might mean going to court. If the time comes, don’t let the greedy insurance companies win.
When to Hire a Personal Injury Attorney
Hiring a personal injury attorney can significantly improve your chances of increasing your settlement value. A skilled attorney knows the ins and outs of personal injury law and how to navigate the complexities of settlement negotiations. They will help you gather strong evidence, accurately assess your damages, and ensure that every aspect of your case is presented to maximize your compensation. Whether negotiating a settlement or preparing for litigation, an experienced attorney will guide you through the process with confidence.
If you're unsure where to start or need help with your case, the attorneys at Wettermark Keith are here to help. Our team has a proven track record of securing higher settlements for personal injury victims, and we’ll work diligently to ensure you get the compensation you deserve.
Call us today to schedule a free consultation and learn how we can help you get the settlement you're entitled to. Let us go to work for the insurance companies on your behalf, so you focus on your recovery.
Ready to work together? Contact us today for a free consultation.
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