If you were injured in an accident due to someone else’s negligence, you have the right to file a personal injury lawsuit for damages you sustained, including economic damages, like bills from your medical treatment and property damage, and non-economic damages, like pain and suffering and your loss of enjoyment of life. While calculating your material losses is fairly straightforward, determining a fair value for your non-economic damages is more subjective.
In California, the amount a plaintiff receives in their personal injury settlement for intangible losses is typically calculated as a factor of their total economic damages. So, to ensure you receive the maximum compensation available in your claim, it’s crucial to have a strong, evidence-backed case and representation from our experienced San Luis Obispo personal injury lawyers.
Here’s how to increase your personal injury settlement value and likelihood of winning your case.
Seek medical treatment
Filing a personal injury claim is the legal route for an injured person to secure compensation for losses they incur due to someone else’s negligence. If you didn’t sustain financial loss, you don’t have a basis for a claim.
Medical bills are one of the biggest expenses in a personal injury claim. You’ll need to prove two things: that the accident caused your injuries and that you incurred expenses you wouldn’t have otherwise. This forms the foundation of your personal injury case.
Getting post-accident medical care proves causality, and your medical records detail the extent of your injuries and treatment costs. Without medical records, you’ll have a hard time proving medical damages in your claim.
Work with an experienced San Luis Obispo personal injury attorney
Personal injury victims who hire a lawyer almost always receive more money than those who do not. First, a lawyer protects you from accidentally sabotaging your case or making costly mistakes due to your ignorance of the law. Secondly, your attorney knows how to build a case with evidence and testimony admissible under California law, so you’re in a stronger position if you go to trial. Thirdly, personal injury law firms have access to resources to help build strong claims, like medical experts and accident reconstructions who provide expert testimony, and economic experts to properly value your losses.
And lawyers are trained negotiators. Many can negotiate a higher settlement than you could on your own.
Help your lawyer gather evidence
The more evidence you can provide, the stronger your personal injury case will be. Photos and videos from the accident scene, your medical records, and the official accident report are some of the most valuable pieces of evidence. Be sure to share anything related to the incident with your attorney. Visual documentation, medical bills, doctor’s notes, and any correspondence with the insurance adjuster can all help support your claim.
Maximize your non-economic compensation
The accident likely led to a significant decrease in your quality of life. You may be in considerable pain and suffering from your injuries and invasive medical procedures, and the state of California recognizes its value. Many people become disabled after a nasty accident; non-economic compensation compensates you for the negative change to your life.
The severity of your injuries, their long-term effect on your life, and whether you developed emotional distress or a mental health condition, like PTSD, anxiety, or depression, all play a role in valuing your non-economic damages. Keep a journal of the effect of your injuries on your daily life, demonstrating their impact, and consider seeing a mental health professional who can help substantiate your claim for mental health damages.
Working with an experienced personal injury attorney gives you the best chance of securing full and fair compensation for all your losses.
Get help securing the settlement you deserve
Increasing your personal injury settlement starts with understanding your rights, documenting your losses, and working with a skilled legal team. From gathering evidence to calculating long-term damages, every decision you make can affect your compensation. If you’ve suffered a serious injury, you shouldn’t have to navigate the legal process alone or settle for less than your case is worth.
At Ernst Law Group, our San Luis Obispo personal injury lawyers are here to help you pursue full and fair compensation. We’re committed to helping accident victims and their families rebuild their lives. Contact Ernst Law Group today at (805) 541-0300 or contact us online for a free consultation.