If you were injured in another accident because of someone else’s carelessness in Tampa, Florida, you may have the right to compensation to cover your medical bills, lost wages, and other damages. However, the amount of compensation you receive and whether your claim is even accepted may depend largely on your personal injury lawyer’s negotiating powers.
Negotiation is a strategic discussion designed to arrive at a compromise between two parties with opposing interests. In a personal injury case, you want to secure as much compensation as possible so you don’t have to pay for someone else’s mistake. The insurance company or at-fault party wants to settle the case for as little as possible to protect their own wealth. An experienced personal injury lawyer can help negotiate for a fair value for your claim.
Steps To Protect the Value of Your Personal Injury Claim
The potential value of your claim can be affected before you ever involve a personal injury lawyer in your case. Here are some ways that you can preserve your right to maximum compensation:
- Report the accident: Report the accident to the relevant authorities. For example, if you are injured in a car accident, you should report the accident to the local police station or sheriff’s office. If you were injured in a slip and fall, report the accident to the property owner.
- Seek medical attention: You should seek immediate medical attention after an injury, as any delay in treatment could devalue your claim. Florida law also requires you to seek medical attention within 14 days of the accident to make a claim with your personal injury protection coverage.
- Document the scene: Accident scenes may be cleaned up before personal injury lawyers can get involved. Take pictures of the scene and ask witnesses for their information to preserve critical evidence for your case.
- Keep documents that show your damages: Keep track of all documents and evidence related to your damages, including medical records, lost wage statements, property repair bills, and receipts.
Taking these proactive steps can significantly affect your lawyer’s ability to secure a fair settlement offer.
Factors That Can Affect the Value of Your Claim
Various factors can affect the value of your personal injury claim. An experienced attorney can review the following with you to explain what fair compensation might look like in your case:
The Nature and Severity of Your Injuries
The type of injury you suffer and its severity can directly impact the value of your claim. More severe injuries will affect your life in more ways. They can also prevent you from working, which can have a lifelong impact on your finances. For these reasons, severe brain injury cases tend to be worth more than soft tissue injury cases.
The Value of Your Economic Damages
Economic damages are the direct financial losses you suffer, such as:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
Many insurance companies use the value of your economic damages to determine the value of non-economic damages, such as pain and suffering. For example, they may use a multiplier such as 2 or 5 multiplied by the value of economic damages to estimate pain and suffering damages. Therefore, the more valuable your economic damages, the more valuable your entire claim.
The Insurance Coverage Available
Most personal injury claims are resolved through insurance claims. Insurance companies will only settle cases for up to the insurance coverage based on the terms of the policy.
Insurance companies often send a preservation of rights letter after being notified of a claim. This letter states that the company is investigating the claim and reserves the right to pay nothing if it determines that the policy does not cover the accident.
The Strength of Your Evidence
If liability is in dispute or otherwise unclear, the insurance company may not be as willing to pay more money to resolve the claim. If the insurance company believes it may win at trial, it may outright deny the claim.
The Personal Injury Claim Process
There are several steps involved in most personal injury claims, including negotiation, that your attorney will be able to guide you through.
Presenting an Effective Demand
One of your personal injury lawyer’s most important jobs is to prepare an effective demand. Your lawyer can use the strengths of your claim to explain how the accident happened, why the insured is responsible for it, and the amount of compensation you should be awarded. Your lawyer can craft a persuasive demand letter that explains the impact your injuries have had on your life and the long-term effects they will cause. Your attorney can also provide documentation to support these assertions.
The Negotiation Itself
The insurance company may respond to the demand by offering a lower amount to settle the claim. Your lawyer may respond by demanding more compensation. This process can continue for a few months until they arrive at a figure.
Settlement
If your lawyer gets the insurance company to agree to a reasonable settlement, this agreement is drawn up in writing. You agree to dismiss your claims against the at-fault party in exchange for a certain amount of compensation.
Take Advantage of Our Strong Negotiation Skills
At Mincone Personal Injury Lawyers, we want to help you secure fair compensation following an accident caused by someone else’s negligence in Tampa, Florida. We use strong negotiation skills to advocate for our clients. Learn more about our process when you call (813) 800-0810 for a free consultation.
