Factors Affecting your Settlement Claim

A number of factors can have a bearing on your car accident claim, but there are four in particular that are likely to directly affect your settlement. These are as follows:

1. Consistency of your version of events – In the course of a personal injury case, you will be required to detail how the accident occurred multiple times over. You will probably have to give an explanation of the accident to the other involved parties (e.g. other drivers, passengers), potential witnesses/bystanders, first responders such as police and EMTs, any medical providers you consult following the accident, your insurance company, the state DMV, the other driver’s insurance adjuster, and any attorneys that may become involved.

As more details come to light and more people contribute their version of events, it’s easy for your story to get more confused with each retelling. While slight variations are understandable, noticeable changes in your account of the accident will make you sound unreliable, and your story will be picked apart by insurance adjusters and defense attorneys. Even if you secure a settlement, its value will be much reduced by an inconsistent story.

1. Evidence of negligence – Both quantity and quality of the evidence demonstrating the other driver’s (defendant’s) negligence play an important role in setting the value of your eventual settlement. A rear-end collision at an intersection generally yields a higher settlement than a side-impact collision in the same setting, because the other driver can be more easily proven at fault for a rear-end collision. For other collisions, it may be more difficult to prove negligence.
2. Medical Records – Insurance adjusters and defense attorneys scrutinize your medical records closely to ensure that your doctors’ opinions and your medical treatment align with your complaints. When you file a personal injury claim, your medical records must strongly support your claim. If your doctor’s opinion or treatment recommendations do not match your complaints, you will likely be accused of exaggerating your injuries, which will substantially decrease your settlement.

In some cases, you may be experiencing true pain even without immediate medical evidence. Injuries can occasionally be misdiagnosed or overlooked. If your pain and discomfort have not subsided after a reasonable period of time, most doctors will recommend that you consult another doctor and compare their opinions to determine your best treatment option.

4. Post-Accident Actions and Lifestyle – Plaintiffs in a personal injury lawsuit must maintain consistency throughout their post-accident statements and actions. If you state that you’re unable to lift more than 10lbs, and your doctor’s notes support this assertion, it would be unwise to be found lifting a 50lb bag of topsoil while gardening in the backyard. The bottom line here is: be honest about your injuries! Perhaps you were truly unable to lift more than 10lbs at the time you filed your claim, but you’ve seen considerable improvement through a physical therapy routine. That’s great news! You can still file a claim to recover some of the expenses of that physical therapy program, and you don’t need to lie about your injuries in order to do so. If you’re honest about your condition and keep your lawyers updated, you won’t need to worry about your statements and actions being consistent.

Are you searching for lawyers in Anchorage, Alaska? An experienced law firm can help you negotiate your personal injury claim in a way that will maximize your settlement.

For a renowned and knowledgeable law firm, the author recommends the Crowson Law Group.

Are you a victim of medical malpractice? If you are looking for accident claims advice, the author recommends the Crowson Law Group.