Accidents can quickly send you into financial distress, with mounting hospital bills, lost wages, and daily expenses weighing heavily on your family. A personal injury claim, though, offers a way for you to recover compensation and regain stability. Yet, the amount you receive depends on several factors, some of which may seem beyond your control.
Many accident victims are surprised at how circumstances and mistakes can reduce their claim’s value. These challenges can result in settlements that fall far short of their needs — or worse, no compensation.
Protecting your best interest and maximizing your compensation is essential. The skilled lawyers of Hauptman, O’Brien, understand the factors that could impact your claim and how to overcome them. Contact our law firm today at (402) 241-5020 to schedule your free consultation and build a case for the compensation you deserve.
How You Handle Medical and Health-Related Issues
Keeping a sound mind in an emergency is challenging. Yet, the things you do, say, or leave undone can profoundly affect your personal injury lawsuit. Other factors vary depending on the type of accident injuries. Consider these examples.
Injury severity
The severity of your injuries can significantly influence the compensation you may receive. Minor injuries often result in lower settlements as they require less medical care and time off work. On the other hand, severe injuries that lead to prolonged treatment, permanent disabilities, or a diminished quality of life can justify higher compensation amounts.
Medical treatment
Delaying medical care after an accident can harm your claim by allowing the opposing party to argue that your injuries were not serious or were caused by something else. Similarly, failing to follow your doctor’s recommendations may suggest that you are not committed to your recovery, weakening your credibility. Seeking prompt medical attention and adhering to prescribed treatments can protect both your health and your case.
Pre-existing conditions
If you have pre-existing medical conditions, the other party may attempt to argue that your injuries were not entirely caused by the accident. However, the medical issues you faced before the accident do not disqualify you from seeking compensation. A qualified lawyer can help you demonstrate how the accident aggravated your condition or caused new injuries.
Recordkeeping
After an accident, you could experience significant economic losses, such as:
- Medical expenses
- Lost wages
- Property damage
- Reduced earning capacity
- Out-of-pocket expenses (e.g., transportation to medical appointments, rental cars, childcare costs)
You will need to prove these expenses by keeping receipts, pay stubs, and bills to show the financial impact of the accident. Proper documentation ensures that these losses are accurately included in your claim.
Non-economic losses refer to the intangible impacts of an accident that do not have a specific monetary value but still affect your quality of life. These losses are more subjective and can be harder to quantify than economic damages.
Examples include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- The impact of physical disabilities or scarring on daily activities and relationships
Documenting non-economic losses requires evidence showing how the accident has affected your quality of life and emotional well-being.
Examples of ways to document these losses include:
- Personal journals: Writing about your physical pain, emotional struggles, and daily challenges in a journal can help show the ongoing effects of your injuries
- Photos and videos: Capturing your physical condition, such as visible injuries or scars, to demonstrate the impact on your appearance and mobility
- Statements from friends, family, and coworkers: Gathering testimonies from those who know you well to describe changes in your mood, behavior, or lifestyle after the accident
- Medical records: Notes from therapists or doctors detailing emotional distress or mental health treatment to support claims of emotional suffering
- Daily activity logs: Keeping track of activities you can no longer do or have increased difficulty doing to highlight the loss of enjoyment in life and provide a contrast with previous activity levels
Accurate and detailed records make showing the connection between the accident and your injuries easier. In contrast, incomplete or inconsistent documentation can damage your claim by creating doubt about the severity or cause of your injuries. A lawyer can assist you in gathering and organizing proof to support your case.
Recovery time
The time it takes to recover from your injuries can directly impact the duration of your personal injury claim. Insurance companies and attorneys typically wait until your treatment is complete to assess your damages fully.
Studies have long proven the connection between stress and impaired healing. While you cannot necessarily control how fast you heal, you can prioritize your mental and physical health. Delegating complex and demanding legal tasks to a well-equipped team can do wonders for your peace of mind.
How You Gather and Document Evidence
Convincing evidence is essential to a personal injury claim. Gathering proof to support your claim should start immediately at the accident scene. Missing records or unclear reports can weaken your case and reduce its value.
Even strong cases can crumble if accident victims make mistakes. The following section discusses these common errors and how you can avoid them, thus improving your chances of fair compensation.
Your statements
Courtroom dramas often portray victims swearing to tell the truth. Yet, your words matter from the moment you get into an accident. You should not say anything that could indicate you are accepting liability.
Avoid these expressions:
- “I’m sorry”
- “I’m fine”
- “I didn’t see you”
- “It’s not your fault”
Unintentionally inaccurate or exaggerated statements can also harm your credibility and ability to sue. Insurance companies and opposing attorneys may use inconsistencies in your testimony to argue against your trustworthiness. Yet, saying too much can also be a mistake.
An experienced lawyer can help you prepare honest and accurate accounts of your accident and injuries. He or she can also speak directly with insurance companies to ensure communications are handled properly. However, in-person and phone conversations are not the only way insurance companies gather information for accident cases.
Social media activity
Posting your activities on social media after an accident can work against you. An insurance company can use an update, photo, or meme to argue that your injuries are less severe than you claim. It is best to avoid sharing anything about your physical condition or activities while you have an open claim.
Credible witnesses
The reliability of eyewitnesses can play a significant role in the outcome of your case. Attorneys look for unbiased, consistent testimony to support your version of events. They can also work quickly to record witness accounts while they are still fresh in mind. Moreover, attorneys work with expert witnesses to clarify complex issues, such as accident reconstruction, medical evaluations, and financial damages, strengthening your claim.
How You Handle Legal Procedures
Not having a personal injury lawyer on your side leaves you vulnerable to mistakes or low offers from the insurance company. An attorney can provide guidance, negotiate for fair compensation, and protect your rights.
Without experienced representation, your case may not reach its full potential. The Hauptman, O’Brien, legal team can help you combat these potential legal pitfalls.
Insurance company tactics
Insurance companies often use strategies to reduce the amount they pay for claims.
These tactics may include:
- Offering low initial settlements
- Delaying responses to wear you down
- Questioning the severity of your injuries
- Claiming that certain expenses are ineligible
Accepting a fast settlement may mean getting less compensation than your injuries and losses deserve. Patience can allow you to recover a fairer offer that reflects your needs. Insurance companies can also try to use the law against you.
For instance, comparative negligence is a legal principle that reduces compensation if more than one party is partially at fault for the accident. For example, if you are 20 percent responsible for an auto collision, your settlement may be reduced by 20 percent. According to Nebraska’s “51-percent rule,” injury victims recover damages only if their fault is less than 51 percent.
Cooperation
Failing to work closely with your lawyer or the insurance company can slow down your claim. Forward any document requests from insurers to your lawyer. Attend all appointments with your legal advisors, as open communication and responsiveness are keys to a smoother process.
Deadlines
The Nebraska statute of limitations is the legal deadline for filing a claim in this state. If you miss this deadline, your case can be dismissed, and you lose your right to seek compensation. Filing as soon as possible ensures you meet the required timeline.
Take Control of Your Future
Laws and regulations vary depending on where the accident occurred, which can affect your claim. For example, some states follow different fault systems or have caps on damages. Understanding local laws is critical to navigating your case successfully.
The lawyers of Hauptman, O’Brien, are ready to come to your aid throughout Nebraska. Though personal injury cases come with many uncertainties, you can be sure that your rights and well-being are our priority. We have one focus: protecting your best interests.
You don’t have to let outside factors negatively impact your compensation. Every accident victim deserves legal representation that tailors strategies and resources to maximize the value of their claim. Connect with us by calling (402) 241-5020 to schedule your free consultation and learn how to overcome any obstacles to justice, or contact us at one of our offices in Omaha, South Omaha, or Bellevue.
I want to thank David C. along with all staff, for the prompt assistance and response to my case.