A victim of an accident may elect to pursue a settlement instead of seeking a personal injury lawsuit. However, while an insurance settlement might be easier to manage, there is still a risk that an insurance company may try to avoid liability for a policyholder’s actions. As a result, a victim may have trouble getting the compensation needed for medical bills and other expenses. If you or a family member were injured in an accident, you should consult with an experienced Fayetteville, AR personal injury lawyer as soon as possible. Ken Kieklak, Attorney at Law, is ready to work with victims of an accident that were injured due to the negligence of another person or entity. Our firm believes that insurance companies should be permitted to avoid liability for a victim’s injuries. Personal injury lawyer Ken Kieklak is here to explain how to increase your personal injury settlement in Arkansas.
Factors that Increase a Personal Injury Settlement in Arkansas
If a victim of a car accident, slip and fall, or other type of accident was injured due to another person’s negligence, they could seek compensation from that individual. As mentioned, some victims of an accident may choose to file a claim with an insurance company. A victim could file a claim with their own insurance company, which will then seek reimbursement from the insurer of the negligent individual. Alternatively, a victim could just file a direct claim with the insurance company that provides coverage for the negligent person or entity.
It is also important to note that a personal injury settlement may occur when a party would like to avoid going to court to dispute the claim. For example, a defendant may express interest in settling the claim during the discovery of evidence. If a defendant is willing to settle a case, it is often an indication that there is some merit to the case. As a result, it is important for a plaintiff to understand the factors that may increase the amount of a personal injury settlement.
Collect Evidence Relevant to the Accident
Collecting a plethora of evidence regarding the accident is necessary to ensure your settlement demands are met. For example, if you were injured in a serious car crash, you should ensure that you thoroughly document the circumstances of the crash. If the collision occurred during a snowstorm and the negligent driver was speeding, this is vital information. There are other types of vital evidence that should be gathered:
- Photos of the scene of the accident
- Photos of the injuries you sustained
- Factors that attributed to the crash (e.g., drunk driver)
Additionally, if there were witnesses around to observe the accident, you should ask whether they will provide you with a statement. Be sure to ask for the names and contact information of any witnesses that can aid your case.
The lack of evidence in a personal injury lawsuit means that a plaintiff will not have a strong case. As a result, the defendant may try to dismiss the claim or use other tactics to avoid paying the plaintiff.
Document Your Injuries
You should also document all injuries sustained due to the accident. Seek medical attention for your injuries to ensure you understand the full extent of your injuries. For example, if your doctor believes that your injuries will cause you problems for the rest of your life, this is vital evidence.
It would also be wise to keep a diary of how your injuries are affecting your everyday life. For example, if you are unable to work or enjoy your favorite activities, this can affect the amount of your settlement.
You should also avoid releasing your medical records to the opposing insurance company without consulting an experienced attorney. The opposing insurance company may use this knowledge to undermine your claim. For instance, if you had a pre-existing condition, the insurance company may suggest some of your injuries were due to your prior condition.
Calculate Your Damages
Many victims make the mistake of failing to adequately document all their damages. You should have an exact accounting of how much money the accident has caused you to lose. For example, if you lost wages due to taking time off from work, this should be included.
You should also ensure that you make an estimate regarding noneconomic damages like pain and suffering and loss of consortium.
Remember that a defendant or insurance company has an interest in minimizing your claim. This means they will look for various pieces of evidence that can affect the value of the settlement. Be careful about making statements to an insurance claim adjuster without the aid of an experienced attorney.
Our firm can help you pursue the personal injury settlement you need to get your life back on track.
Contact Our Experienced Arkansas Personal Injury Attorneys Today
If you or a family member were injured in a car accident or other type of accident, you should contact an experienced Arkansas personal injury attorney as soon as possible. With over two decades of legal experience, injury attorney Ken Kieklak is here to help you explore your legal options to pursue compensation after a serious accident. To schedule a free legal consultation to discuss your possible settlement, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You may also contact the firm by using our online submission form.
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