Sep
03

Tips for Settling a Personal Injury Case Out of Court

By

Dallas Personal Injury Lawyer, Fort Worth Personal Injury AttorneyIf you have a personal injury case, chances are that you would rather settle out of court. Nobody likes going to court.  So, here are several tips to follow if you are interested in settling your personal injury case outside of the courtroom.

Thoroughly Document Accident and Injury Information

When documenting your accident, vague statements without substantive detail will not survive in court. You must be as thorough as possible.  Give details and backed up by documentation. From your recollection of the accident facts up to and including your injury and treatment, you can never have enough details.

Your Dallas personal injury attorney will use this information and documentation to build a case that the opposing counsel will likely want to settle out of court.

Car Accident DamagesTake Plenty of Photographs

Taking photographs of the vehicle damages and bodily injuries immediately after the accident is imperative. However, 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 verifiable timeline of your injuries.  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.

You can never have too many pictures.  That will never be the case. Your attorney will experience and insight to filter through the pictures that you take and use the best ones to bring your case to light.  In some cases, x-ray films and hospital photographs are quite helpful in presenting the full story.

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 opposing counsel 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.

Dallas Personal Injury AttorneyGet an Experienced Personal Injury Attorney to Help

When 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.

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