Wouldn’t You Rather Settle Your Injury Case Out of Court?
Of course you would. Nobody likes going to court.
Statistically, the vast majority of cases settle out of court. This includes personal injury cases. Therefore, if you have a personal injury case in Texas, chances are you can settle the case without going to trial if have the right legal representation from a qualified and experienced personal injury attorney in Dallas or wherever you were injured.
Here are a few tips to follow if you are interested in settling your personal injury case outside of the courtroom.
Thoroughly Document Accident and Injury Information
- Get a certified police. This can be easily done online.
- Get good pictures of the damages to the vehicles.
- Get good pictures of any visible injuries.
- If you suffered any broken bones, obtain the images from the hospital.
When describing your accident, don’t be vague. Provide substantive details. You must be as thorough as possible. Give details backed up by documentation, like the police report. Therefore, your recollection of the accident facts up to and including your injury and treatment will set the relevant stage for your case going forward.
Take Plenty of PhotographsTaking photographs of the vehicle damages and bodily injuries immediately after the accident is imperative. You can never have too many pictures. That will never be the case. However, your attorney has the experience and insight to filter through the pictures that you take and use the best ones to bring your case to light.
Additionally, taking progressive pictures of the injuries throughout your recovery and treatment helps tell the whole story and is also very important. You need to present a chronology of your injuries and recovery. This will allow jurors to appreciate what you went through and relate to your situations. Photographs will also help demonstrate the likelihood and severity of any permanent disfigurement and scarring.
Provide Proof of Quantifiable Damages
A key aspect of any settlement negotiation is the ability to verify your economic damages. These damages include medical expenses, lost wages, and other losses that involve “hard numbers.”
The insurance claims adjuster will see the economic damages as very compelling when considering whether to settle your case and for how much. If you come to the table without strong proof of your economic damages, chances are that negotiations will not go good.
Do not Exaggerate the Accident or Your Injuries
Most importantly, let the facts do the talking. But be careful not to exaggerate. Insurance adjusters, defense attorneys and jurors can smell that coming a mile away. Don’t come across as bitter and revengeful. Defense attorneys know that this will only raise sympathy for their client in front of a jury.
A general rule of thumb is to stick to the facts associated with the injuries and the severity of the accident. Also, testimony about the negative effects the injury had on your everyday life and daily routine. Jurors can appreciate those issues more.
Get an Experienced Personal Injury Attorney to HelpWhen it come down to it, there is one simple thing to keep in mind when trying to settle your case out of court. The insurance company and defense attorney need to appreciate that there could be a substantial downside by going to court. This impression comes from two things: The quality of the case and the quality of the representation. You need both. If you have a good case, it must be properly investigated and managed.
Therefore, retaining an experienced Dallas personal injury attorney early on, with a strong reputation for client satisfaction is the key. You may think you can handle your case without legal representation. However, when you represent yourself, you are bringing a knife to a gun fight. You must come to the table with legal muscle. Otherwise, the opposition has nothing to fear.
MVA in Amarillo resulting in head injury/rotator cuff tear with subsequent 5 month stay at out-patient brain injury rehab. center on 1/17. Ticket written, witness statement implicating fault to driver of truck for Valley Proteins, with home ofc. in Virginia and ancillary offices throughout Texas.
Question: Attorney, 7 mo. post accident had not interviewed witness nor looked at any medical records. Now, telling insurance adjuster to get supporting med. evidence regarding medical questions for themselves. Also, thinks venue has to be Potter Co. Can person change lawyers when dissatisfied with performance?
Robert C. Slim
You really should ready my post on the implications of firing your attorney. The long and short of it is that you can always fire your attorney. The real issue is what is your attorney going to do about it. The attorney can choose to assert a lien on your case with the insurance company. Or, your attorney may be willing to work out a fee-split agreement with your previous attorney.
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