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How Successful are Personal Injury Claims?
Personal injury claims can arise out of countless circumstances, and no two cases are ever the same. There are many variables in play in each given claim, so it is impossible to state how successful claims might be without having an experienced California personal injury lawyer review your specific situation. That being said, there are some factors that can improve your chances of success in a personal injury claim.
Get Your Injuries Diagnosed Right Away
After an accident, it is easy to debate whether you should get medical help. After all, medical care is expensive, and even a single emergency room visit can result in a stack of costly bills. However, it is important to the success of your future injury claim that you get all of your accident-caused injuries diagnosed properly and in a timely manner.
When you have medical records showing your diagnoses shortly after the accident, it makes it easier to demonstrate the exact nature of your injuries, as well as show that the accident was the cause of your injuries. This can increase your chances of a successful claim, as it makes it harder for insurance companies to challenge your injuries.
Seek Legal Assistance from the Start
As soon as you have seen the necessary medical professionals, it is time to seek help from legal professionals. There is no requirement that you have legal representation to file an injury claim, but it certainly can help you succeed.
Insurance companies aim to limit payouts whenever they can, and they know this is easier to do when a claimant does not have an attorney. Without legal help, you might end up with a settlement, but it might be far lower than you deserve. This cannot be considered a true “success,” as you can be left responsible for many of your expenses and losses, and you cannot seek additional compensation once you accept a settlement.
If you hire a lawyer, however, insurance companies know that you are taking your rights seriously, and they know an experienced lawyer will identify when a settlement offer is inadequate. It can greatly improve your chances of a settlement offer that fully covers your losses.
Be Open to Settlement Negotiations
Some people overestimate the amount of damages they deserve for their personal injuries. If an insurance company offers less than the amount you have in your head, your initial reaction might be to want to march into court. However, plaintiffs have a lesser chance of success at trial than they do at the negotiating table.
By staying open to settlement negotiations and listening to the counsel of your lawyer regarding settlements, you likely have a better chance of getting a check in your hand than if you go to trial. Not only does a jury trial come with the uncertainty of success, but it can also require significant resources, which can reduce your payment in the end. Listen to your lawyer and trust that their negotiating skills will result in a settlement agreement that you deserve.