So how do you increase the value of your case? Through our experience we have identified three key factors needed to boost or increase your personal injury settlement.
1. First, make sure your attorney has submitted your full medical reports to the insurance carrier. It is important that your medical reports be evaluated properly. Many attorneys overlook the important statements made in your medical reports. These reports will show the extent of the injuries. If your attorney fails to thoroughly read through the reports they can overlook an important long term medical issue. For example if you are experiencing signs of a significant injury, these will generally be stated in your medical report.
2. Second, it is important that you make sure you have fully healed. DO NOT
start settlement negotiations until you have reached a full or maximum healing potential. Your treatment should be fully completed before any offer is made. Many attorneys will prematurely begin the settlement phase of the negotiations, without making sure that this is complete. By starting negotiations without fully completing treatment you are likely not going to get the maximum results. Additionally, insurance companies will look at this as desperation. Personal injury attorneys who try and settle quickly look weak in-front of both insurance companies and defense counsel.
3. Third, get ready to file. While this is not always a case, your personal injury attorney
needs to be prepared to file a lawsuit. Filing a lawsuit is not the same as filing a claim with the insurance carrier. Filing a lawsuit, is an actual legal filing against the person who hit your vehicle or yourself or caused the injury. This claim will be forwarded to the insurance carrier, who will then forward it to their defense firm, who will then reach out to your attorney. Lawsuits are adversarial in nature and will prolong settlement by at least a few months. However, if needed your attorney must be prepared to file. So when is it required that you file? When insurance companies submit low ball offers, paying only a fraction of the medical bills. This is something you will need to discuss with your attorney, but it is important to discuss.
These are three factors we have noticed help significantly improve the value of a case. Always remember, your case value is usually limited by the policy coverage limits. Make sure you have a conversation with your attorney about all of these.
I Want to Replace My Attorney