Building a personal injury case where you receive compensation for your injuries and expenses is a team effort between you and your attorney. There are several top ways to help develop the strength of your claim which in turn will affect the damages you are awarded by the courts.
Top Types of Compensatory Damages
Some of the most common types of compensatory damages that are involved in many personal injury cases include:
- Medical treatment – top ways for damages to be increased include cost of medical care, estimated costs for medical care and treatment needed in the future
- Income – another top way that is considered in personal injury award claims is if the accident impacts your salary and wages. Income includes what you have already lost as well as what you would have been able to make in the future, or “loss of earning capacity,” if not for the impact of the accident on your livelihood.
- Property loss – this includes any vehicles, clothing, and any other items that were damaged or destroyed as a result of the accident.
- Pain and suffering – a top way to increase the amount of compensation award is for pain, serious discomfort, and suffering from the accident, as well as any ongoing pain that is directly related to the accident.
- Emotional distress – this may affect the award due to the psychological impact of an injury, which includes fear, anxiety, and loss of sleep. This may be considered as part of pain and suffering in some cases.
- Loss of enjoyment – this refers to the inability to continue with previous hobbies, exercise, recreational activities and the like due to the accident.
- Loss of consortium – this type of damage refers to the impact of injuries on one’s relationship with their partner, including the loss of companionship or inability to maintain a sexual relationship.
Top Ways to Increase Compensation Awards
The following top ways can help build your case. Working with your lawyer will ensure evidence is fully covered and substantiated.
- Preserve Evidence – use photo’s, names and addresses of witnesses, police reports, medical reports
- Get Medical Treatment – have injuries documented, keep copies of treatment plans and progress reports
- Accurately Value Your Claim – your claim may involve more than one type of damage; your attorney will guide you through gathering all necessary information
- Do Not Take First Offer – work with your personal injury lawyer for an expert opinion on whether to accept or decline a settlement offer. Explain why an offer is insufficient and unacceptable. Your attorney can handle the settlement rejection process.
- File Your Case as Early as Possible – be aware of set deadlines for filing a personal injury claim; filing also allows for formal gathering of evidence which ties in to preserving not only the evidence, but memories of those who were witness to the accident
- Build Your Case – work closely with your lawyer to develop a strong case to present to the courts; top ways to build your claim is through discovery demands, depositions, record requests, use of expert witnesses, documentation from professionals
- Stay off Social Media – it is a good legal idea to not talk about any aspect of your claim or case on social media. Some settlements include restrictions as to what you may publically say after the awards are made.
- Make a Good Impression – how you appear can affect how the courts view you and how much they feel you deserve to be compensated
Top Ways Expert Personal Injury Attorney
You want an attorney with experience and a history of successful settlement claims for personal injury cases. Call the office of Joel Baskin for a confidential consultation of your personal injury accident and its impact on your life.