How Can You Be Sure You're Maximizing an Injury Claim?


One of the biggest worries people filing injury claims have is that they might end up receiving too little money. It's an understandable fear, but fortunately, a personal injury lawyer thinks hard about this issue with every case. Here are three ways a personal injury attorney will try to maximize the return that a client gets on a claim.

1. Monitoring Physical Recovery

By far the biggest fear a lawyer has with this sort of case is that a client won't obtain enough compensation to address their long-term medical needs. To try to avoid that scenario, a personal injury attorney will want to wait until the client has reached maximum physical recovery. That means the person's body has recovered as much as doctors believe it is likely to do.

Every case is different. Some folks face long roads to recovery, and that means maximum recovery is more aspirational than strictly factual. However, within reason, a personal injury lawyer wants to give the client time so their body can bounce back.

2. Applying the Strongest Liability Possible

A different way to maximize a client's compensation is to make sure the defendant's liability is assessed as strongly as possible. In many injury cases, contributory negligence plays a role in tamping down the client's financial recovery. Contributory negligence refers to when the claimant's actions played some role in how they were hurt. For example, a person might have been running down a flight of stairs when a poorly maintained handrail failed. This may reduce how much the client might get in compensation.

For a lawyer, the goal is to cast as much of the liability as possible on the defendant. In the example involving maintenance, a personal injury attorney would review maintenance logs, complaints from other people, and even surveillance videos to show how the defendant was in the wrong.

3. Putting Together a Solid Demand Package

Once a personal injury lawyer has exhausted all of their investigative options to maximize a case, the remaining tool is the demand package. This is a package that the attorney sends to the defendant or their insurance provider. It may include a demand letter stating the case, copies of expert testimony, police and medical reports, citations of case law, and even physical models.

The goal is to be beyond detailed in explaining why the claim is valid and worthy of significant compensation. To learn more, contact a personal injury attorney near you. 



1 December 2020

Stay Calm and Keep Fighting

When you get into a serious car accident, things can become complicated quickly. In addition to worrying about other lawyers and problems with your vehicle, you might also be left with serious injuries that keep you from enjoying your life. On top of everything else, you might be left with a huge stack of medical bills, and it can be hard to know what to do next. I want you to understand that there is hope, which is why this blog is all about hiring an attorney. By using this advice, you might be able to streamline your case and enjoy a larger settlement.