The aftermath of an accident usually feels like a war. Your attorney takes on the role of a legal defender and fights to ensure you get the maximum personal injury claim settlement you’re owed.
While there’s no guaranteed “winning formula,” certain key factors can tip the scales in your favor. We’ll be discussing four of these factors in this article.
1. Extensive Injury and Property Damage
Your due compensation should correlate with the severity of damages and injuries you suffered due to the accident. This implies that dangerous accidents would warrant hefty settlement sums.
For example, catastrophic injuries, such as traumatic brain injuries or spinal cord damage, typically require extensive medical treatment and long-term care and may result in permanent disabilities.
Also, high-impact accidents usually imply negligence on the part of the defendant, and the plaintiff can use this to their advantage. The emotional distress a victim suffers in high-impact accidents is also more pronounced than usual. This usually increases the value of non-economic damages for which the plaintiff can seek compensation.
When the judge or jury sees the accident reconstruction or expert testimonies regarding the severity of injuries and the impact of financial implications on the victim’s life, they are more likely to turn the tide in favor of the plaintiff.
2. Poor Credibility of the At-fault Party
Several factors contribute to the poor credibility of the defendant, including past behavior, contradictory statements, and evidence of negligence.
Sometimes, the plaintiff may be awarded an exceptionally high compensation payoff as a means to punish the at-fault party for past behavior.
Any history of bad behavior can affect the defendant’s credibility in court. The plaintiff’s argument of negligence will be strengthened, and the jury will have no choice but to side with them.
Furthermore, if there are consistent statements or evidence that contradicts the defendant’s version of events, their credibility will no doubt suffer a major blow.
If they were driving under the influence or ignoring safety protocols, it can strengthen the plaintiff’s case for punitive damages, thereby resulting in a higher settlement.
3. Impact on Future Earnings or Ability to Work
One key factor that can lead to exceptionally high settlements is the impact on the victim’s future earnings and ability to work. This factor holds significant weight because it directly affects the plaintiff’s financial stability and livelihood.
If the injury only renders them unable to work temporarily, the lost wages may not be so significant.
If the incapacitation is permanent, the court would evaluate the long-term consequences and decide on a suitable amount to address the victim’s financial well-being for a substantial period.
Courts consider factors such as the plaintiff’s occupation, skillset, and earning history to estimate the impact of the injury on their future earnings potential.
4. Exceptional Legal Representation
The quality of legal representation can greatly influence the outcome and result in exceptionally high settlements for the plaintiff. An experienced attorney has sufficient knowledge about navigating the complexities of personal injury law and building strong cases on behalf of their clients.
They understand the intricacies of relevant statutes and case precedents. You need a lawyer who understands the process of preparation and investigation of the case. Negotiation is one core skill that will come in handy during a claim settlement.
You should hire a lawyer who can leverage their negotiation expertise to engage in meaningful discussions with insurance companies or opposing counsel.
When you hire a lawyer who can strategically present evidence and anticipate counterarguments, you’ll surely overcome all the obstacles that stand in the way of you getting maximum compensation.
Wrapping Up
Most victims seeking compensation usually have a win-lose mentality. It’s best to hire an attorney who knows there’s more to winning the case than merely “being the victim’’ or “being right”.
A good lawyer will pull strategic levers to strengthen your case and give you the win you deserve.
