Maximizing your settlement.

Maximizing a settlement from a car accident generally involves a combination of careful documentation, strategic negotiation, and sometimes legal assistance. Here’s a guide on steps that can help increase your settlement amount:

1. Document the Accident and Your Injuries Thoroughly

• Get a Police Report: Ensure a police report is filed and that it accurately reflects the events.

• Photographic Evidence: Take clear photos of the accident scene, vehicle damage, injuries, and anything else relevant.

• Medical Documentation: Seek immediate medical attention, even if injuries seem minor. Follow through with all recommended treatments, as consistent medical records strengthen your claim.

2. Keep a Record of All Expenses and Losses

• Medical Bills and Treatment Costs: Keep all records of medical expenses, including hospital visits, therapy, medication, and any future medical needs.

• Property Damage: Get quotes or bills for repairing or replacing your vehicle and any damaged personal property.

• Lost Wages and Income: If the accident caused you to miss work, keep documentation showing your wage and any lost income due to time off.

3. Consult a Qualified Personal Injury Attorney

• Experience with Car Accident Claims: An experienced lawyer can assess your claim’s value, identify hidden damages, and communicate with insurers.

• Negotiation Skills: Insurers are more likely to offer a higher settlement to a claimant with legal representation since lawyers can recognize and counter lowball offers.

• Contingency-Based Payment: Many personal injury lawyers work on a contingency fee, meaning they only get paid if you win, which can make it easier to afford representation.

4. Avoid Quick Settlement Offers

• Do Not Rush the Process: Insurers often offer quick, low settlements hoping you’ll accept before knowing the true extent of your damages.

• Assess Long-Term Impact: Accepting an early offer might prevent you from claiming future damages if your medical needs increase. Wait until you reach maximum medical improvement (MMI) to understand the full cost of your injuries.

5. Don’t Underestimate “Non-Economic” Damages

• Pain and Suffering: Include damages for physical pain, emotional distress, and loss of enjoyment in life.

• Punitive Damages: In cases where the other driver was grossly negligent or driving under the influence, punitive damages might be pursued.

6. Engage in Strategic Negotiations with the Insurance Company

• Present a Well-Documented Demand Letter: After you’ve calculated your damages, submit a demand letter detailing the accident, your losses, and the compensation you seek.

• Stay Firm and Calm: Insurance adjusters might try to downplay your claim or use negotiation tactics to lower the payout. Stand your ground, and don’t accept offers that feel insufficient.

7. Consider Going to Trial if Necessary

• If you can’t reach a fair settlement, be prepared to file a lawsuit. Often, insurance companies will offer a better settlement to avoid the costs and uncertainty of a trial.

Taking these steps can significantly enhance your position to secure a maximum settlement.

Injured in an auto accident?

If someone else is responsible for a car accident in which you were injured, you have several rights aimed at ensuring your medical care, financial compensation, and overall well-being. Here are the primary rights you have:

1. Right to Medical Care:

   • You have the right to seek immediate and ongoing medical treatment for any injuries sustained in the accident.

2. Right to Compensation:

   • Medical Expenses: You have the right to be reimbursed for all medical costs, including emergency room visits, hospital stays, surgeries, medication, physical therapy, and any future medical expenses related to the accident.

   • Property Damage: You have the right to compensation for repair or replacement of your vehicle and any other damaged property.

   • Lost Wages: If the accident results in time off work, you are entitled to compensation for lost income and any loss of earning capacity if your injuries affect your ability to work in the future.

   • Pain and Suffering: You have the right to seek compensation for physical pain, emotional distress, and reduced quality of life resulting from the accident.

3. Right to Legal Representation:

   • You have the right to hire an attorney to represent your interests, negotiate with insurance companies, and, if necessary, file a lawsuit on your behalf.

4. Right to File an Insurance Claim:

   • You have the right to file a claim with your insurance company or the at-fault driver’s insurance company for compensation.

   • In some cases, you may also have the right to file a claim under your own uninsured/underinsured motorist coverage if the at-fault driver lacks sufficient insurance.

5. Right to a Fair Settlement:

   • You have the right to negotiate a fair settlement with the insurance company. You are not obligated to accept the first offer and can negotiate or take legal action if the offer is insufficient.

6. Right to Privacy:

   • Your medical records and personal information should be kept confidential and only shared with relevant parties.

7. Right to File a Lawsuit:

   • If a fair settlement cannot be reached, you have the right to file a personal injury lawsuit against the at-fault driver. This may include compensation for damages as well as punitive damages if the driver’s behavior was particularly egregious (e.g., drunk driving).

8. Right to Support Services:

   • You may be entitled to various support services, such as rental car coverage, towing, and other assistance while your vehicle is being repaired or replaced.

9. Right to Reimbursement for Out-of-Pocket Expenses:

   • You can seek reimbursement for any out-of-pocket expenses related to the accident, such as transportation costs to medical appointments or purchasing necessary medical equipment.

10. Right to Protection from Retaliation:

    • You are protected from retaliation or harassment by the at-fault party or their insurance company. Any such behavior should be reported to your attorney or the relevant authorities.

It's important to take action quickly, as there are often time limits (statutes of limitations) for filing claims and lawsuits related to car accidents. Consulting with a personal injury attorney can help ensure that your rights are fully protected and that you receive the compensation you deserve.

How to choose a personal injury attorney.

Choosing the right personal injury attorney is crucial to the success of your case. Here are some steps to help you find and select the best attorney for your situation:

Take your time:

Finding the right personal injury attorney can greatly impact the outcome of your case.

Specialization:

Look for an attorney who specializes in personal injury law. Personal injury cases can be complex, and having a lawyer with specific expertise in this area can significantly benefit your case.

Experience:

Consider the attorney's experience in handling personal injury cases. Ask about their track record and success rate with cases similar to yours. An experienced attorney is more likely to navigate the complexities of the legal system effectively.

Reputation:

Research the attorney's reputation in the legal community. You can check online reviews, testimonials, and any disciplinary records. Additionally, you might ask for recommendations from friends, family, or other lawyers.

Trial Experience:

While many personal injury cases are settled out of court, it's still important to choose an attorney with trial experience. This demonstrates that the attorney is prepared to take your case to court if necessary and can negotiate effectively on your behalf.

Communication Skills:

Effective communication is key in legal proceedings. Choose an attorney who communicates clearly and keeps you informed about the progress of your case. Accessibility and responsiveness are important factors to consider.

Resources:

Evaluate the resources the attorney and their firm can dedicate to your case. Adequate resources, including a qualified support staff, can contribute to a more robust and well-prepared legal strategy.

Fee Structure:

Understand the attorney's fee structure before entering into any agreement. Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win the case. Make sure you are clear about the percentage they will take from any settlement or court award.

Initial Consultation:

Schedule an initial consultation with the attorney. This is an opportunity to discuss the details of your case, ask questions, and assess whether you feel comfortable working with the attorney. Many attorneys offer free consultations for personal injury cases.

Trust Your Instincts:

Trust your instincts when choosing an attorney. If you feel comfortable with the attorney and confident in their abilities, it's likely a good fit. Open and honest communication is crucial in the attorney-client relationship.

Local Knowledge:

Choose an attorney with knowledge of the local legal landscape. Familiarity with local laws, judges, and court procedures can be advantageous in building a strong case.

We hope you choose the Ewaniszyk Law Firm for your personal injury needs!