How to Get the Most Out of Your Accident Personal Injury Claim


Getting into an auto accident is a terrifying and stressful experience. If you sustain an injury, you might experience significant pain and suffering, as well as financial losses relating to the accident. The law provides a way for you to recover damages when another person is at fault for the accident that injured you.

If you suffered injuries in a car crash, you should reach out to a personal injury lawyer who can advocate on your behalf. Call Loshak Leach, LLP today to learn more about how our dedicated automobile accident lawyers can help you.

What Damages Can You Recover in an Auto Accident?

Before you can recover damages, you will have to prove that another driver is at fault for your injuries. Luckily, even if you are partly at fault for your injuries, you can still recover from another driver who bears responsibility for the crash in Florida. Florida is a pure comparative negligence state, which means that even if you are more at fault, you may recover damages from another person who also contributed to the cause of the accident.

If you do succeed in your claim, you will be able to recover damages that will compensate for your:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Disfigurement

There might be other damages available depending on the particular facts. In some cases, you may even recover punitive damages, which punish particularly wrongful actors, such as drunk drivers.

Throughout the legal process, your lawyer will work to get the most out of your claim. The damages available will depend on many factors, though, and there are things that you can do to improve your ability to get the compensation you need.

How to Negotiate a Strong Settlement

There are several things that you can do to protect your auto accident claim. There are also things that you should avoid doing because they might hurt your case. Here are a few of the dos and don’ts of auto accident personal injury negotiations.

Things to Do to Get the Most Out of Your Claim:

  • Always know the value of your claim: Speaking to an attorney early on is a wise act because if you undervalue your claim, you will only hurt your efforts. Insurers will often attempt to negotiate with injury victims and frequently offer low ball settlements to get rid of your claim. Your attorney can negotiate will these insurers on your behalf and let the insurance company know that you will not take an unfair offer.
  • Follow Your Doctor’s Orders: If your doctor tells you to take medication or attend physical therapy, you should follow that advice. If you skip appointments, it will look as though you do not take your injuries seriously. If you do not take your injuries seriously, you will have a more challenging time convincing other people to believe that you sustained severe harm.
  • Keep Your Medical Records: When it comes to personal injury claims, you will need to show evidence of the harm you suffered. Your medical records will be a crucial part of your evidence. You may also need to ask your doctor or other medical experts to serve as witnesses.

Things to Avoid When Negotiating a Car Crash Settlement:

  • Take an Easy Settlement: It might be tempting to take an offer and try to move on, but in many cases, that offer will not truly represent your injuries. You may not even realize the actual costs of ongoing physical therapy and other treatments that follow even relatively minor automobile accident injuries. Never settle without first discussing your case with an attorney.
  • Post on Social Media: Insurance companies and defense attorneys will investigate injury victims to determine if they are lying about their claims. Sometimes the process might involve having a private eye follow the person and take photos of them lifting heavy objects or taking runs after claiming that they are too injured to work. However, nowadays, many people damage their claims by posting photos that the opposing side can use against them. Use caution when it comes to your social media account, as your actions may come back to haunt you.

Settling a Claim Versus Going to Trial

Most claims will settle before trial. However, your attorney may engage in the litigation process and prepare for trial by gathering evidence, deposing witnesses, and taking all of the necessary steps to ensure that you build a strong case.

Collecting that evidence often leads to the other side coming up with a settlement offer. Your attorney might attend a settlement conference where they will work with the judge and the other side to settle your claim.

If the opposition does not offer a settlement that you and your lawyer believe is reasonable, your lawyer may advise that you take the case to trial.

At trial, a jury will determine liability and will decide whether or not to award damages. Settling will avoid a risk of a jury deciding that the other person is not liable and choosing not to award compensation. However, sometimes, pursuing a trial will be your best move to get the compensation you deserve.

An Attorney Can Help You Following an Auto Accident

If you sustained an injury in a car accident, you might be able to recover damages. The money you might recover can help you and your family during a challenging time in your life.

At Loshak Leach, LLP, our compassionate attorneys understand how important our clients’ personal injury claims are for our clients and their loved ones. Call us today to discuss your claim. Remember, you don’t pay unless you recover!

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