By: KGD Law
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Getting the Most Out of Your Lawsuit or Settlement
If you are planning on filing a personal injury lawsuit, you may be stressed about preparation. How much should you ask for in compensation? What losses will the courts recompense? Are you asking for too much or too little? It is difficult to figure out the answers to all of these questions. That is why you should turn to an experienced personal injury lawyer.
However, it is not only the lawyer who is charged with presenting a good case. There is a lot you can do to ensure you are getting the most out of your lawsuit or settlement.
Getting the Most Out of Your Lawsuit or Settlement
You must consider all of your damages when filing a lawsuit. The sooner you consider your damages, the better you’ll be able to obtain evidence of your injury. That is why it is important to think about what you will ask for in your settlement, even before you contact a lawyer. Then, when you seek the assistance of a lawyer, he or she will be better equipped to help you get the most from your lawsuit.
The crux of your lawsuit is likely to rely on medical records. The jury will find expert opinions about your injuries most reliable when they are supported by the medical records. Whatever diagnoses and chart notes you can get from your providers will greatly aid in proving your injuries. This could be records from the emergency department, primary care provider, specialists, or other healthcare providers. When there are skeletal injuries, notes about current and future physical therapy goals can be very helpful in predicting future medical needs. Any medical records you can obtain can be very valuable. The sooner you get them, the less likely they will be edited or lost. Additionally, any statements your providers are willing to make about your future medical challenges will be helpful. Medical bills and chart notes are the best thing you can have to prove personal physical injuries.
Pain and Suffering
The pain and suffering that you experience during and following the incident where you sustained injury is a subjective idea. That means, some jury members will be more moved by your experience than others. They will likely all have a little bit of a different notion as to what you deserve, which is why quantifying that is essential to getting the most out of your lawsuit. Any visits to mental health professionals, photos you can capture of your injuries, and witness testimony will aid you in getting a larger judgement.
Depending on the type of lawsuit, you may have suffered damages to your personal property. This may be clothing, or it may be larger items like a car, or items on your property. These are relatively easy to quantify, but you should inventory all losses, no matter how small they are. If you were in a not-at-fault accident, and you lost $1,000 of clothing, shoes, and jewelry in the process, you deserve compensation.
Mental anguish is a bit different than pain and suffering, but it may fall into the same boat depending on how it benefits your case. This could be the loss of a loved one in wrongful death cases, but it could be many other things depending on the situation. Disfigurement, the inability to pursue your profession, post-traumatic stress disorder, and depression can fall under mental anguish. This is difficult to assign a dollar number for compensation, which is why your documentation of all mental anguish can be essential. Try not to be ashamed of your mental anguish. It is nothing to be ashamed of. In fact, it is one way to help your judgement feel fairer.
Don’t Post on Social Media
Especially if you are frequently on social media blasting your life story, it can be difficult to stop. You NEED to stop if you are filing a lawsuit. Not only might you say something that could be misunderstood, but juries look unfavorably about venting about your case. You may post something that the jury feels you didn’t represent, such as your ability to participate in recreational activity. It may seem lonely, but don’t post about your personal injury on social media. Even if your account is private, the defense will likely be entitled to anything you post on social media. We cannot stress this enough, stay off social media if you intend to bring a claim.
Do the Right Thing
It may be another party’s wrongdoing that caused your personal injury, but you should have clean hands in order to get the most out of your lawsuit or settlement. Adhere to the law, and ensure that you exchange information as required by law if it is an automobile accident. Follow your doctor’s treatment guidelines. Showing that you are doing everything within your power to reduce the effect of your injuries is a positive thing. You don’t want the jury to think you are trying to get a windfall judgement or settlement. It is best to engage in activities that show the quality of your character during this time. Insurance companies will do investigations, and they will dig up dirt on you no matter how much at fault the other party was.
Find a Lawyer, and Trust Your Gut
When looking for a personal injury lawyer, you’ll likely want to find one with experience and the hefty backing of a reputable law firm. More than this, you want to trust your gut. If you get a weird feeling or don’t feel think the lawyer gives you proper attention, go elsewhere. This case will be about you, and you want your legal representation to be only about you. If your lawyer seems to be in it to cash in on fees instead of getting you the best representation, you don’t have the right lawyer. In some cases, your situation may warrant only contingency fees. This means you don’t pay unless you win your suit. Then, the lawyer takes a portion of the judgement. In any case, if you don’t feel comfortable with the fees or the personality of the person who is going to represent you, the experience will be dampened.
Lawsuits are stressful, and your preparation along with the choice in representation will go a long way toward your mental health during the process. You may suffer scrutiny from some people, while others will remain supportive. This is why preparation and going with your gut on your choice of lawyer is important. Even if everything is perfect, a lawsuit is not fun. You need someone you can your trust.
Getting the Most Out of Your Lawsuit with the Right Lawyer
At the Law Offices of Kirshner, Groff, and Diaz, you’ll be choosing the right law firm for your personal injury needs. When you call the office, you’ll be put in contact with an actual lawyer immediately who can point you in the right direction to handling your lawsuit. Every case is different, and our law firm has an extensive variety in cases we’ve handled. Not only that, but your first phone consultation has no obligations. You won’t owe us anything, and you’ll have the information you need to know whether or not to proceed.