How to Resolve Your Personal Injury Claim before You Go to Trial

Many people shy away from hiring a Douglasville personal injury lawyer to handle their claim, because they believe the case will end up in court. In reality, having a lawyer is one of the several steps you can take to resolve your personal injury claim out of court.

Here are the key steps to maximize your chances of getting a fair settlement before going to trial:

Gather Evidence

Evidence is essential for winning a personal injury claim. In Georgia, the ruling principle is comparative negligence and it states that you have to prove that the other party was 50% at fault for the accident that caused your injuries.

Photos and videos represent the most reliable evidence and you should take them immediately after your accident. Later, the evidence may not be available anymore. For instance, if you slip on a wet floor, the negligent property owner may mop the surface clean as soon as you leave.

Seek Medical Attention Immediately After the Accident

Many people do not manage to get a settlement from the insurance company because they cannot prove the cause of their injuries. They were not aware that they had to go to the nearest hospital immediately after their accident, even if they did not believe they were seriously injured.

Instead, they went on with their daily activities and went to hospital the next day, when they started feeling pain. The problem is that it is possible to cast doubt on the source of the injuries.

An insurance adjuster will argue that you were not injured in the accident, since you walked away. Later, you suffered injuries in an unrelated accident and decided to defraud the insurance system in order to get free medical care.

It is unfair, but this is a common tactic among adjusters to deny claims.

Do Not Discuss Fault with Anyone

Just like you document your accident, everything you say and do after a personal injury accident will be documented by someone else – the other party or their insurance company. For this reason, you must refrain from blaming the other party or admitting fault.

Your words will be taken out of context and an adjuster will build an entire narrative around them to make you appear at fault for your accident. Even if they cannot deny your claim, they will calculate a higher percentage of fault in order to reduce your settlement amount.

discuss your case only with your personal injury lawyer

Do Not Post Anything about the Accident on the Social Media

Everyone has at least one social media profile nowadays. We are so accustomed to sharing everything on these online forums, so it appears natural to keep your family and friends informed of your accident and recovery in this way.

However, everything you say on social media can be found by an insurance adjuster, even if you set strict privacy settings. Often, people lost their claim due to a single status update, photo and video.

The only person you should discuss your accident with is your Douglasville personal injury lawyer.

Let an Experienced Attorney File and Negotiate Your Personal Injury Claim

As we stated at the beginning of this blog, hiring a lawyer is a key step if you want to settle your claim out of court. Attorneys know how to:

  • Prove the other party’s fault
  • Evaluate your damages
  • Fill in and submit paperwork within deadlines
  • Negotiate with an insurance adjuster

Using the available evidence, relying on experience and knowledge of the law, the lawyer will be able to persuade the adjuster to accept a fair settlement. If necessary, the attorney will threaten with a lawsuit, indicating that your case is strong enough to be won in court.

Talk to a Skilled Douglasville Personal Injury Lawyer as Soon as Possible!

If you want a fair settlement for your personal injury claim, without the added complication of going to trial, act quickly. Get in touch with an experienced Douglasville personal injury lawyer and bring all the available evidence.

At Hartley, Rowe & Fowler, we have over four decades of experience in all types of personal injury cases, including complex ones. We also offer a free case evaluation to each new client, so call us today to schedule yours at 678-825-6004!

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