Personal injury victims rely on insurance claims to cover their medical bills, recovery costs, lost earnings and other related expenses. Unfortunately, many insurance companies take advantage of victims’ vulnerability caused by their injuries. Moreover, these companies use the victims’ financial worries as leverage to settle an amount far less than what the law entitles the victims to.
With proper guidance, personal injury victims can stop this unfair advantage and maximize compensation recovery for their injuries.
Understand personal injury rights
The first step to creating a solid personal injury claim is to know one’s rights. Many victims settle for far less compensation because they do not know that they could receive more based on their situation. Depending on the facts and circumstances of the case, a personal injury victim can recover the following:
- Cost of medical care, treatment and recovery from the injury
- Lost income due to the injury
- Emotional and mental distress
- Pain and suffering
While available compensation still depends on each state, Ohio allows victims to claim compensation for pain and suffering.
Gathering evidence that will establish those rights
Once victims have a great understanding of their rights, the next step is to gather evidence to support those rights. These proofs should answer the question, “Why does the insurance company have to compensate for this?”
Computation for economic losses, like medical expenses, is a breeze with available receipts and invoices. On the other hand, intangible losses, such as pain and suffering, are much more challenging the prove. However, journals showing notes of emotional distress, a medical certificate that vouches for the victim’s pain and suffering and testimonies from experts, families and friends can have substantial weight in calculating noneconomic losses.
Competent representation with effective negotiation strategies
A part of a personal injury settlement is negotiation. If a victim does not have legal representation, insurance companies could intimidate them into agreeing on a small compensation amount. However, working with a knowledgeable and competent legal team can protect the victim from falling prey to the insurance companies’ cunning tactics.
Personal injury claims can be overwhelming for victims who, between treatment and financial worries, have a lot on their plates. Having an experienced personal injury lawyer handle the negotiations can help a victim receive a fair settlement while focusing on their recovery without stress.