Home > Legal Guide

How to Equip Yourself When You Are in a Middle of an Injury Claim

Injury claims are one of the most engaging legal procedures. It is also a multifaceted battle between you and the other party. Fortunately, with the right tactic and the right presentation, reasonable compensation is not a farfetched reality.

Just like most legal proceedings, this type of claim has two possible paths; either a settlement or trial. Although the lawsuit is a possibility (in a case of injury claim), most cases end by compensation. Statistically, there is a 90% chance of an injury claim to end up in a settlement.

How do you equip yourself when in a middle of an injury claim? Is there a need to hire an advocate or you can handle all the activities? Some of the tips on having high chances of better compensation include the following.

Impression is king!

While in the middle of a claim, being angry and stressful is normal. Most victim battle with this harsh. However, remaining composed and focused is a great strategy. The firmness enables you to be rational and critical in every step. A loss of rationality or concentration can significantly affect your claim.

Being polite also important. In the negotiation table or during the drafting of compensation, your attitude towards the process explains a lot about you to the jury and the other party. In any legal proceeding, how you argue out your case without being rude gives you an upper hand in getting a better deal

Still, on impression, it is essential to minimize the use of social media. It is important to note that the other party monitors all your interactions online in an attempt to weaken your case. Their main aim is to lower the compensation. Therefore as a caution, any posting that contradicts your position and the effects of the injury on your daily life is one-step to poor or no compensation.

Polish the case details

There are many ways to polish up your claim. The polishing requires your input and your lawyer’s assistance. As a legal claim, it is essential to ask your attorney to conduct individual depositions. Depositions give your claim the needed details and comprehensive look. Conversely, the main aim of the testimonies is to provide the other party a closer look at the situation and give a better settlement.

Alternately, it is essential to get all doctors reports. Since it is a claim, all documents must be available. The availability helps you prove beyond a doubt that the injury happened and you spent time and money to seek medical attention.

Preserve all the evidence in your possession

Since you are in the middle of a claim, it is essential to keep all your evidence safe. Pieces of evidence are crucial for your victory. In case you have an attorney, it is important to share with them all the evidence you have.

Some of the pieces of evidence you must keep guarded and in safe keep include the following.

  • All the photos that were taken either by you or by the witnesses in the scene of the accident.
  • Contact list of all the witnesses.
  • Any other relevant details that prove the incident happened.

These pieces of evidence are essential in helping you to prove the case and later a better compensation. If the other party realizes that you do not have the above pieces of evidence, they can easily win the argument and as a victim lose everything.

The main secret of preserving your evidence is by disclosing and sharing all the accident details with your attorney. An attorney is a good custodian of your testimonies. The attorney also helps you in selecting which pieces of evidence have more impact on winning the case and which ones are not.

Brace yourself for a lengthy process

The tradition in compensation procedures dictates that the quicker the settlement, the smaller the amount of compensation After you have filled the application to claim for an injury, the other party can seek a quick settlement, which in most cases is just a fraction of the appropriate compensation.

For better compensation, therefore, you should be willing to push the envelope further.  Victims receive less compensation due to their lack of patience and the fear of the unknown as opposed to being persistence. However, as mentioned earlier, most parties are unwilling to proceed to trial, and there are higher chances for a settlement.

How to structure your compensation claim

Each claim is uniquely different. The differences are mainly because of accident magnitude. It is therefore essential to understand your situation comprehensively for better understanding on how to structure your claim request.

There are two types of claim structures- compensation as a way of getting justice and as a necessity to get back your life. Regardless of which is your primary motivation to pursue the claim, you deserve better and reasonable compensation. It is therefore vital to include the loss of earnings, incurred travel expenses, and more importantly, medication cost in your claim request.

It is also important to consider legal fees as part of the claim share. In most cases, (legal fees) it ranges from 30-40% (of the total compensation) depending on the agreement.

What should you avoid while in the middle of a claim?

You should avoid numerous things as a victim while seeking compensation. Some of the elements include the following.

  • Holding information about your medical condition to either your doctor or your attorney

In any compensation procedure, information is your greatest asset. Holding these pieces of information either by the fear of disclosing private information or just mere negligence makes your claim weak.

  • Not hiring an advocate or dropping your initial advocate

Legal proceedings are technical, and as a victim, you need legal assistance. Hiring an advocate is one-step to getting justice. Meanwhile, claims are complicated, and consistency is essential, you should stick to one lawyer if possible. If there is a miscommunication or lack of proper pursue from the advocate, there are many ways to iron differences.

In conclusion, the complexity of the legal procedure and the amount of time taken should not make you rush to lower compensation. During the legal process, your greatest accessories are your advocate and evidence. Protect all your evidence and keep your advocate closer.

comments powered by Disqus