Personal injury law exists to compensate victims of accidents that were caused by someone else’s actions or omissions. Intuitively, nearly all of us have a sense of justice with respect to these matters: if someone runs a stop sign and causes an accident, we expect them to be responsible for any damages resulting from that accident.

However, personal injury claims have a tendency to be a bit more complicated than our intuitions initially imagined. The amount of money you stand to win in a personal injury claim depends heavily on a number of factors, not all of which are clear or easy to understand.

So exactly how much money do you stand to gain with a personal injury claim? And how can you maximize that value?

Your First Step: Talk to a Lawyer

A personal injury lawyer is going to be your greatest resource in this endeavor. They’re going to talk to you early on about the nature of your claim and the legal options in front of you. They will help you investigate the matter and gather evidence to strengthen your position. And of course, they will support you throughout the entire legal process, from filing the initial complaint to negotiating a settlement to going to trial if necessary.

If your personal injury lawyer thinks that you don’t have a case on your hands, they’re going to tell you, and they probably won’t be willing to take it on. Conversely, if you do have a case, they’ll help you understand the best strategy for maximizing damages – and they’ll guide you in the next step of the process.

Most personal injury lawyers won’t charge you until you win a settlement, and if you don’t win a settlement, they won’t charge you anything. Accordingly, there’s no downside in having an initial consultation with an attorney.

How Personal Injury Claims Work

Personal injury claims typically start with a complaint, at which point the defendant will have an opportunity to file an answer. After that, the case moves to discovery, where both parties uncover as much information as possible to get to the truth of the matter. Throughout this entire process, both parties will be negotiating for a potential settlement, as both parties have a strong incentive to settle before going to trial. Very few cases end up going to trial because of this.

In the off chance that you aren’t able to reach a settlement agreement, the case will eventually be tried. At the end of this trial, a judge or jury, or a combination of the two, will determine the correct amount of damages to award in the case.

Types of Compensation You Could Win

There are many different categories of compensation that you could win in a personal injury claim, including:

·       Property damage.

·       Medical expenses.

·       Lost wages.

·       Loss of future earnings.

·       Loss of consortium.

·       Pain and suffering.

·       Punitive damages.

Much depends on the following:

·       Current and projected expenses. How much has this accident cost you and how much will it cost you in the future? The more concretely and objectively you can estimate expenses, the better.

·       Severity of harm. The severity of harm also plays a role, especially with subjective calculations like pain and suffering. More severe accidents are typically associated with higher rates of damages.

·       Defendant’s conduct. In some cases, the defendant’s conduct also enters the equation. Particularly egregious cases may be associated with punitive damages.

Increasing Your Compensation

There are several strategies you can use to increase your potential compensation:

·       Hire a great personal injury lawyer. First, hire the best personal injury lawyer you can afford. Your lawyer is going to work tirelessly on your behalf to get you the compensation you deserve. Find someone with the proper credentials and qualifications, but also someone with the communication skills you need to better understand the nature of your claim.

·       Take reasonable action to mitigate costs. The law requires you to take reasonable steps to mitigate damages against you. For example, it’s important for you to go to the hospital immediately after an accident that harms you.

·       Gather sufficient evidence (and keep receipts). The more evidence you have to support your claim, the more likely you are to win damages for that claim. Keep all your receipts.

·       Negotiate. Be willing to negotiate with the other party. You can often win more compensation just by asking for it (with an adequate legal argument backing the request).

·       Remain patient. Courts are backed up all over the country. Parties like insurance companies are usually tough negotiators. Accordingly, it could take months or years to resolve your claim. Try to remain patient during this process.

Nobody wants to be personally injured. But if you suffer a personal injury, you’ll have plenty of legal options. With the help of a good attorney, and a solid strategy, you can maximize your compensation and walk away whole.