30 Apr 2018,

What Makes a Strong Personal Injury Claim?

In many cases, the outcome of a personal injury claim will be influenced as much or more by perception than fact. As you approach your trial date keep this in mind. The following will point out things that will likely improve your chance for a better outcome.

Some of the things that make a stronger case for you are beyond your control but there are definitely things you can do that will improve your chances for favorable results.

Jurors will believe that you sustained significant injuries if your car has major damage. Even though there is, in reality, no direct correlation between the amount of damage to your vehicle and personal injury. This is a perception thing.

If you were in an accident that involved a rear-end collision you have a potentially strong personal injury case.

strong Personal Injury Claim

Other factors that make the case stronger:

  • You were taken from the accident in an ambulance.
  • You were seen in the emergency room.
  • You have objectively verifiable injuries such as injuries that show up on an x-ray or an MRI or a CT scan. Jurors are more likely to believe that you have a bona fide injury if your injury is objectively demonstrated on diagnostics.
  • You have high insurance coverage limits
  • Pre-existing medical conditions. Some pre-existing medical conditions can result in more significant injuries. For example, arthritis, fibromyalgia, a prior neck surgery or similar conditions can be exacerbated in a trauma caused by a car crash.
  • On the other hand, if you were pretty much symptom and injury free until the car crash and now you have injuries and symptoms, your case has an aura of believability
  • Few or no insurance claims on your record
  • Consistent regular medical treatment after a car crash always makes for a stronger case

Your demeanor influences everyone you come in contact with. Some people are less affected by how you act than others but there are few people that can completely separate the claimant and the case.

Everyone you deal with as you navigate your way through your medical treatment and your legal claim are just doing their job. If you are pleasant and easy to deal with people will generally go out of their way to assist you. If you are obnoxious and unpleasant they are likely to do the least amount required. This is just human nature.

When someone goes out of their way to help you acknowledge their efforts. In general display gratitude. Gratitude is one of the most positive human expressions. People who display gratitude on the phone with insurance adjusters are often rewarded by larger settlements.

Don’t be greedy, defensive, arrogant, argumentative, vengeful, or sarcastic. Those are traits that turn most people off. In every encounter with the defense lawyer or the insurance adjuster, be polite, truthful, grateful, pleasant, and cooperative. It’s the right way to be, and it will pay off in the end.