Most personal injury cases wind up settling through negotiations. This alleviates the need for trial, which can save you time, expense and stress, but you have to be careful to ensure that you accept a settlement offer that truly meets your needs. If you latch onto a settlement agreement too quickly, then you could find yourself in a difficult position as you try to navigate your recovery. So, before sitting down at the negotiating table, you have to have a clear legal strategy formulated that’ll target the outcome that you want.
That’s easier said than done, of course, especially if you’ve never had to deal with a legal claim like this before. But don’t let the stress of the process overwhelm you. Instead, work with your attorney to figure out the best path forward. In the remainder of this post, we want to give you some ideas for how to do that.
How to ensure you’re getting the most out of your car accident settlement
There are a lot of different legal strategies that can be deployed during a personal injury case. Here are a few tactics that you might want to consider utilizing in your case to ensure that any settlement you reach is right for you:
- Conduct a thorough investigation of the accident: You need a command of the facts if you want leverage during settlement negotiations. The best way to do this is to ensure that you’ve fully investigated every aspect of the wreck. This includes taking photos of the accident scene, securing witness accounts, acquiring the police report and identifying experts who are willing to testify on your behalf. This might give you a leg up on the defense, thereby allowing you to push for a higher settlement amount.
- Keep a journal that details your daily living: The impact your wreck has on your daily life can be powerful evidence at trial. If you come to the negotiating table with vivid accounts of how your life has changed, then the defense is going to see how a jury will be likely to side with you at trial. This can put pressure on the defense to settle the case, which will give you leverage to ask for the money that you deserve.
- Retain all invoices and receipts: The costs related to your accident recovery can be wide-ranging and significant. So much so that it can be difficult to track it all. But you need to find a way to organize your receipts and invoices so that you can bring them to settlement talks. This will show not only that you mean business, but that you have a clear understanding of the extent of your losses and what you’ll be able to prove in court. This will give you an advantage during negotiations.
- Seek treatment and follow recommendations: Your physical and mental well-being have likely taken a significant hit from your accident. If you want to recover compensation for those damages, then you need clear documentation showing the damage that’s been caused and the treatment that’s been recommended to you. You won’t be able to generate that evidence and present it during negotiations unless you seek out treatment and follow any recommendations that your medical providers make.
Aggressively advocate for the settlement amount that you need and deserve
Car accident victims are often short-changed during the settlement process. Insurance companies oftentimes try to exploit victims’ need for quick financial support, which tends to lead to lower settlement offers. Don’t make the mistake of signing off on something that’s far less than what you need and deserve. Instead, work with your attorney to develop a legal strategy that aggressively fights for a fair and just outcome that’s better suited to advance your recovery and give you the hope needed as you move onto the next phase of your life.
