As you pursue your personal injury case, you might conjure up images of your arguments being battled out in open court. While there’s a chance that your claim will end up in court in front of a jury, the fact is that most personal injury cases settle before getting to that point. That means that you could avoid the stress of having to litigate your case, but it also means that you have to be careful with how you approach settlement negotiations. After all, if you’re not careful, then you could end up settling for far less than what you deserve, resulting in struggling to get by as you try to recover from your injuries.
That’s why in this post we want to look at some steps you can take to more fully prepare yourself for the discussions ahead. Hopefully once you’re armed with strong legal arguments and a sound negotiation strategy, you’ll be able to secure the fair and favorable outcome that you want.
You might be tempted to settle your case as quickly as possible so that you can quickly access the cash that you need, but you don’t want to move so quickly that you miss out on key opportunities to secure the resources you deserve. Therefore, as you ready yourself to enter settlement negotiations, be sure to do the following:
- Know the extent of your damages: You won’t know what sort of settlement amount is right for you unless you understand the nature and extent of your damages. Therefore, you’ll want to not only gather information about your incurred medical expenses and your pay stubs but also expert medical opinions as to your need for ongoing care and how your condition will negatively impact your ability to work, advance in your career and live a normal life.
- Be prepared for trial: To be as persuasive as possible during settlement talks, you have to be ready to take your case to trial. And if you’re prepared to do so, then you’ll be in a better position to talk about the strengths of your case and the defense’s weaknesses. This allows you to be more persuasive and push for the resolution that you want.
- Keep a journal: Your non-economic damages, such as your pain and suffering, mental anguish and lost enjoyment of life can make up a significant portion of your recovery. But to portray the extent of these damages, you need to tell a story. The best way to do that is by keeping a journal that details the implications your injuries have had on your daily life.
- Take photographs: Pictures of your accident and your injuries can be much more compelling than verbal depictions. So, take detailed photos that you can use to help tell the story of your accident and your recovery.
- Watch what you say: Insurance companies and the driver who caused your accident will twist your words against you if they get the chance. So, be careful with what you say and try to stick to short factual assertions when you need to make a statement.
We know you have a lot on your plate after being injured in a wreck. But you can’t cut corners when it comes to building your legal strategy. So, be sure to set aside the time needed to develop your legal arguments, and if that’s something that you need assistance with, then be sure to seek out any additional guidance that you may need.