A personal injury settlement should compensate for all the damages a victim suffers, such as medical bills and lost wages. A fair settlement should also include compensation for those harder-to-calculate damages like pain and suffering.
After an accident, victims can strengthen their cases by avoiding certain mistakes. Call West Law Firm Personal Injury Lawyers to discuss what to do—and what to avoid. OurMoncks Corner personal injury attorney looks at ways to increase personal injury lawsuit settlement amounts. Reach out to schedule a free, no-obligation consultation to learn more.
Document the Accident as Best You Can
The essential question in every personal injury case is liability. Liability means legal responsibility for the accident and resultant injuries. If a defendant has a liability, then they should pay compensation to victims.
Without liability, a defendant is not legally obligated to pay anything—and you should expect them to simply ignore your demand for compensation.
The best step is to fully document the accident. The evidence you gather on the day of the accident will help with your personal injury settlement If you wait even a day, then evidence disappears. We recommend:
- Talk to any witnesses who stop. Ask them for their name and a way to contact them in the future. They might need to testify about what happened.
- Take photographs of the accident scene. This is a critical step if you’re involved in a motor vehicle accident. Pictures can show where the cars ended up, as well as where they collided with each other. Also, get pictures of anything that looks relevant, such as potholes, debris fields, skid marks, etc. If you were hurt in a fall inside a store, then take a photo of whatever defect caused you to lose your balance.
- Swap personal and insurance information with the other driver. This helps you document a claim. If you were hurt in a property-related accident, then speak to the property owner. Ask if they have insurance.
Of course, you might be in total pain after an accident. That is understandable. Some people are even knocked unconscious! If you can’t move around, then it’s critical to call a lawyer as soon as you can. We can move to document the accident as best as possible to bolster a personal injury settlement. For example, there might be video evidence that recorded the accident.
Report the Accident
You also need to report the accident to the police and your insurance company. If you skip these steps, you are hurting your case.
The police should send an officer out to a motor vehicle collision. The office can gather other evidence to help prove liability. For example, the other driver might be intoxicated or high. An officer can investigate and possibly ask the motorist to take a drug test. We can use the results to prove liability for the accident.
You should also report the accident to an insurance company to open the claim. Those involved in car accidents can call their own insurance company to start.
Write Down any Statements from the Defendant
A defendant’s own statements can be used as evidence in a personal injury case to prove liability. In fact, this might be some of the most important evidence.
After a bicycle accident, the driver might exclaim, “I should have looked in the mirror before backing up!” or they might even exit the car talking on their phone. You can use these statements to prove they were not careful.
When you have a chance, write down any statements the defendant made. In fact, share any important details. Were they yawning all the time? That could be proof they were tired. Did a dog jump out of the car after them? The animal might have distracted the driver.
The goal is to use this evidence to prove liability, which will increase the personal injury lawsuit settlement amounts.
Head Immediately to the Hospital
Prompt medical treatment is extremely helpful for personal injury lawsuit settlements:
- You document your injuries. A major question in some cases is whether you are really hurt. It’s always beneficial to have documented proof of fractures, internal injuries, burns, and other injuries.
- You improve your odds of recovery. It’s important to receive early treatment so you can fully heal.
- You mitigate your damages. Personal injury victims in South Carolina have a duty to mitigate. This means they must take reasonable steps to keep their damages from worsening. Receiving prompt medical treatment is one way to mitigate damage.
Hang Onto Proof of Economic Loss
Accident victims also need to prove their damages. Economic damages include:
- Medical treatment
- Property damage, including vehicle repairs
- Lost income or wages
Remember to keep all hospital bills or insurance statements, along with receipts for medication. You can also use a paystub to prove income loss and a repair estimate for property damage.
Avoid Giving a Recorded Statement to an Insurance Adjuster
The defendant’s insurance carrier might call you up in the days or weeks after an accident. They will probably ask that you give a recorded statement of what happened.
We recommend avoiding this. Giving a recorded statement when you don’t feel 100% is a good way of reducing your compensation. You might say something that sounds like you are accepting fault, even a little bit.
South Carolina as a comparative negligence law which states you cannot receive any compensation if you are more than 50% at fault for an accident. You will get $0. The rule is that severe. South Carolina’s Supreme Court adopted this rule to replace the old rule, which barred any compensation if you were even 1% to blame.
If you are 50% or less at fault, then your compensation is reduced by your share of fault. So someone who is 33% at fault will receive a third less in compensation than if they were blameless.
Comparative negligence makes a big difference in personal injury lawsuit settlements. Even if you are 50% or less to blame, it will take a big bite out of your settlement.
Insurance companies are usually fishing for statements that undercut your claim. That’s why it’s critical to decline to give a recorded statement. Instead, say, “My lawyer will be in touch’ and hang up.
Do Not Accept a Settlement Offer—No Matter How Generous
The defendant or their insurance carrier might also quickly make a personal injury settlement offer. You might be tempted to take it.
After all, many accident victims are struggling financially. You are probably in so much pain you can’t work. And expensive medical bills arrive daily in your mailbox. You need the money.
However, you can’t accept even a generous personal injury settlement offer without showing it to a lawyer first. We can review any offer to see if it is truly fair. Chances are we can get you much more in compensation if you just hire us to negotiate.
Once you accept a settlement, your case is over. You’ll sign away any right to get more money from the defendant.
A misconception some accident victims have is their belief that they can agree to a settlement now but then, down the road, try to get more money. That’s just not true. Once you accept a settlement, the defendant won’t owe you any more money.
Hire an Experienced Berkeley County Personal Injury Lawyer
West Law Firm Personal Injury Lawyers can assist anyone hurt in a motor vehicle wreck or other accident. We excel at negotiating favorable personal injury settlements.
It’s never too early to call to schedule a free consultation. We have served the Lowcountry since 1945 and are proud to help in any way we can.