Personal injury lawyers help accident victims receive fair compensation for their injuries and losses. The greater your injury, the more you can claim, which is why it is difficult to pinpoint an average settlement figure. That said, the average settlement for a personal injury in 2021 was $22,734, and for property damage, it was $5,314.
An experienced personal injury attorney knows how to build a strong case to maximize the settlement or court award amount. Here’s how personal injury lawyers work to get their clients the most compensation possible.
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Assessing Damages Thoroughly
A key part of maximizing compensation is conducting a thorough assessment of all the damages the client has suffered due to the accident. This includes calculating medical expenses already incurred and estimating future medical costs. It can cost on average $3,025 for a night in a hospital, and if you have to stay 5-6 days, that cost rises to around $17,488. It also involves assessing lost income and loss of future earning capacity if the injuries prevent returning to work. Personal injury lawyers will retain medical experts and vocational experts to provide evidence for these damages claims.
Proving Liability
Maximizing compensation also depends on building a strong liability case against the at-fault party. Personal injury lawyers use investigative techniques to gather police reports, eyewitness statements, photographic evidence, and other documentation to conclusively prove the defendant’s negligence caused the accident. Demonstrating clear liability makes it much harder for insurance companies to deny or minimize claims.
Negotiating
According to the New Port Richey personal injury lawyers at Roman & Austin, once the evidence is gathered, negotiate aggressively with insurance companies. They position the case to apply maximum pressure on insurers to make a generous settlement offer. Negotiation tactics include highlighting the defendant’s poor behavior, retaining multiple experts to verify damages, and showing a willingness to go to trial if needed.
Filing Lawsuits
If negotiating a satisfactory settlement fails, the next step is filing a personal injury lawsuit. The timing of when to file can impact the result. Personal injury lawyers weigh factors like the client’s medical prognosis, lost earnings, and insurance company response before deciding when to take legal action. This strategic approach prevents settling too early for too little compensation.
If a lawsuit is necessary, personal injury lawyers have the courtroom skills to present persuasive arguments before a judge or jury. That said, less than 5% of cases go to trial, and of those that do, less than 1% go to a jury verdict.
Most personal injury cases end in a settlement before trial. The amount depends partly on how strong the evidence appears and the plaintiffs willingness to go to court. Skilled negotiators press for the largest possible settlement figure right before trial. They also prepare a thorough “demand package” with all documentation supporting the claimed damages to justify the requested payout.
With expertise in areas like liability investigation, damages assessment, negotiation tactics, trial litigation, and settlement procedures, a qualified personal injury lawyer has the skills to maximize compensation for accident victims. Their specialized knowledge levels the playing field against big insurance companies and helps clients recover losses from their injuries. With a good attorney on your side, you can focus on recovery rather than fighting for fair compensation.
