Increasing Compensation: Strategies for Personal Injury Lawsuits

• William Gall

Ready to make sure you get every cent of your settlement?

Millions of people every year are injured due to accidents that are not their fault. They are forced to pay medical bills and wages and insurance companies try to make them take as little as possible.

Here’s the catch…

There are a few simple and straightforward strategies that will significantly increase your settlement amount. In this ultimate guide, I will go over exactly how to make sure you get the maximum amount you are entitled to from your personal injury case.

What you will learn:

• How Most People Get Screwed
• Personal Injury Settlement Averages Revealed
• 6 Proven Strategies to Maximize Compensation
• When to Settle (And When to Reject)

How Most People Get Screwed

Before we dive in, here’s something that will blow your mind…

95% of all personal injury cases settle out of court. Meaning, your ability to negotiate for the maximum payout from the insurance company affects how much money you will get.

Insurance adjusters will do everything in their power to pay you as little as possible. Injury victims on the other hand are generally in unfamiliar territory and feel completely outmatched.

This is exactly why working with a qualified personal injury lawyer can make a world of difference. They know all the tactics insurance companies use to lowball their offers.

People with attorneys get payouts nearly 3 times higher than those who represent themselves. Even better — 91% of those with lawyers receive settlements versus only 51% of people without representation.

It’s time to understand the right steps to take to maximize your payout. Don’t let the insurance companies leave you with an unfair settlement amount.

Personal Injury Settlement Averages Revealed

Let’s take a look at how much people are typically getting for their personal injury claims…

According to data from the 2022 US Billion Dollar National Database for Injuries Compensation:

• The median payout for medical malpractice settlements is $423,607
• The median payout for motor vehicle settlement is $26,501
• Most injury settlements range from $10,000 to $75,000

But the most crucial detail here is…

Those who held out and negotiated with insurance companies received settlements that were $30,700 higher.

This goes to show the importance of not being in a rush to settle.

Insurance companies are hoping that you are intimidated by their tactics and will settle for whatever they offer. Don’t be one of these people. Stand firm and fight for every last dollar you deserve.

Document Everything (and I Mean Everything)

The foundation of any successful personal injury case is excellent documentation. In fact, your ability to maintain accurate records can make or break the case’s success.

So from the very beginning you need to start treating this like a business. It’s crucial that you keep detailed records of every aspect of your injury. This includes:

• All doctor visits, tests, and treatments
• Prescriptions, medications, and therapy
• Wage loss and out-of-pocket expenses
• Photos of the accident and injuries
• Any damaged property documentation

The more thorough your record keeping, the less likely the insurance company will be able to dispute your claims. Every piece of evidence is another brick in your compensation wall.

Calculate Your Total Damages

One of the biggest mistakes people make is only considering the surface-level expenses of their injury. Like medical bills and car repair costs.

Your compensation needs to include ALL of the following:

• ALL medical expenses (past and future)
• Lost wages
• Lost earning capacity
• Pain and suffering
• Future medical treatment and rehabilitation

Don’t get lowballed by only considering your current expenses. Remember that this injury has a long-term impact on your life and it needs to be fully compensated.

Negotiating with Insurance Companies

Insurance companies are in the business of paying out as little as possible. They will try to make you accept their lowball offers, so you need to be prepared.

Make sure to never accept the first offer. Insurance companies count on the fact that you are desperate for money and will settle for whatever they present. But according to the data, those who hold out get much more.

Always keep asking the following questions before accepting any deal:

• Is my total medical bill covered?
• What about future medical treatment?
• Am I being compensated for lost wages?
• Am I being compensated for pain and suffering?

If the answer to any of these is no then it is not a good offer and you should not be settling for that amount.

Expert Testimony

Expert witnesses can significantly boost your case and support your demands for a higher settlement. There are three main types of experts you can work with:

• Medical experts who testify to the extent and severity of your injuries.
• Economic experts who project future loss of earnings.
• Accident reconstruction experts who testify how the accident occurred and liability.

Expert testimony can back up your claims and help justify your higher settlement amount. Insurance companies are far more likely to take your case seriously when they know you have the means to fight.

Settle vs. Trial

One of the most important decisions that have to be made in any personal injury case is whether to settle or go to court. Most cases end in settlements for several reasons:

• Trials are very expensive and risky.
• They take much longer to resolve than out-of-court settlements.
• Insurance companies know that only about 61% of personal injury trials result in a victory for plaintiffs.

However, a strong threat of going to trial can significantly increase the size of your settlement offer. Insurance companies will pay more to avoid the time and expense of a courtroom battle.

Go to trial if settlement offers are unreasonably low, liability is clear, damages are substantial, and the defendant’s conduct was particularly egregious or reckless.

Your attorney will advise you on the pros and cons of each option and the optimal timing.

Social Media Pitfalls

Posting on social media is one of the biggest mistakes that people make in personal injury cases. Insurance companies will use your posts against you.

You should:

• Avoid posting photos showing you doing physical activities
• Don’t discuss any case-related information online.
• Don’t accept friend requests from anyone you don’t know.

As a general rule, it’s best to avoid social media during your case until it’s completely resolved.

When to Take a Settlement Offer

Timing plays a crucial role in how much you will get for your personal injury claim. Insurance companies love it when people accept settlement offers quickly.

Remember those statistics at the beginning of the article? The ones who held out for more got much more. The average personal injury case takes from six months to one and a half years to settle.

Don’t be one of those people who rushes to settle before they fully understand the extent of their injuries. Wait for your situation to stabilize and get a complete picture of the damages.

Consult With A Qualified Personal Injury Attorney

This is such an important one because your attorney’s experience and expertise have a direct impact on your settlement amount.

Look for attorneys who:

• Specialize in the type of case you have
• Have a track record of success
• Work on a contingency fee basis.

Avoid the ones who:

• Guarantee specific amounts
• Pressure you to settle

Social Media Mistakes

Insurance companies are well known to peruse social media accounts for evidence to devalue your claims. So don’t be one of those people posting evidence of their injuries.

Do not post any pictures that show your physical activities, discuss your case online, or accept friend requests from anyone you don’t know.

The best advice is not to use social media at all until the case is fully settled.

The Bottom Line

Getting the maximum compensation for your personal injury case is not about being lucky. It’s about having a strategy and sticking to it.

Key takeaways:

• Document everything, and I mean everything
• Never accept the first offer
• Calculate your true damages
• Build a strong legal team
• Don’t rush the settlement

Statistics show that people who plan their actions and stick to the strategy get much more than those who do not. 62 million people a year seek medical treatment for injuries. Insurance companies are used to paying out settlements, so fight for your compensation.