Tips to Help You Win Your Personal Injury Case
- Personal Injury
Personal injury cases are the most common type of civil lawsuit, but they are still unfamiliar territory for the average person. That unfamiliarity can add even more stress to a difficult situation where your life has been turned upside down by serious injuries and, often, economic hardships.
Every situation is unique, but there are a few things that anyone with a personal injury claim should know to improve their chances of winning.
1. Hire an Attorney
This is always our number one piece of advice. Having the help of an experienced personal injury attorney drastically improves your chances of obtaining a favorable outcome. All the personal injury lawyers at Jorgensen, Brownell & Pepin, P.C. work on a contingency fee basis, meaning you as a client don’t pay any upfront fees. Your attorney gets a percentage of the money they recover for you. While there are no guarantees, plaintiffs with legal representation typically recover significantly more money (which is why insurance companies and defense attorneys often try to pressure injured parties to settle before they talk to a lawyer). The cost of hiring a personal injury attorney at Jorgensen, Brownell & Pepin, P.C. will more than pay for itself if you have significant injuries.
Make sure you find the right attorney for your case. Choose a lawyer you feel comfortable with, someone you can trust and who will fight for you to the end. Be wary of lawyers who make unrealistic promises, even before they know all the details of your case. Also, watch out for lawyers who just want to churn through high volumes of clients, as they may lose interest in your case if it can’t be settled with a phone call or two. The injury attorneys at Jorgensen, Brownell & Pepin, P.C. give each client the time and attention they need to get maximum recovery.
2. Be Completely Honest with Your Lawyer
When discussing their cases, people naturally tend to play up the positive aspects and skip over the less favorable parts. While that’s completely understandable—you may be worried about how it affects your case, or perhaps some details are embarrassing—hiding important information from your lawyer can have ruinous effects.
That information may undercut your legal arguments or give the insurance defense attorney a powerful sneak attack. Brutal honesty is scary, but it’s how the injury lawyers at Jorgensen, Brownell & Pepin, P.C. win their clients’ cases time and again. Shoot straight with us and we’ll work together to shore up any weaknesses in your cases on our way to justice for your injuries.
3. Don’t Discuss Your Case
Generally, you should avoid discussing your case with anyone but your attorney. This doesn’t mean that everything has to be kept a secret, but bear in mind that what you say to other people might later be used against you if that person is subpoenaed and forced to testify. Be truthful in all your communications and you have less to worry about.
But when talking to the opposing party, all communications should go through your attorney. Insurance companies and defense attorneys know this very well, so if anyone tries to contact you directly, report it to your attorney.
4. Seek Full Treatment for Your Injuries
You only get one bite at the apple. Once the case is closed, it’s closed, so it’s important to know the full extent of your injuries before signing a settlement or going to trial.
You can’t go back to the other party later and say, “It turns out I also have a traumatic brain injury from the accident but didn’t know about it until six months later, so I’ll need more compensation.”
Some injuries take time to manifest, so talk to your doctor and heed their advice. Don’t jump the gun and settle your case early.
5. Keep Your Records
Hold on to anything that may be used later as evidence. This includes photos (take them!), medical records, police reports, and even notes taken during phone calls. Your case may end up hinging on something you didn’t even think was worth mentioning.
6. Dig in for a Long Fight
Lawsuits can take a lot longer than people think. It’s possible that your case may settle after two weeks (if your damages clearly eclipse the insurance policy limits) but if there is a lot of money on the line or the other side digs in their heels, it can take years to reach a final result. In fact, a defendant with massive resources may base their whole strategy on grinding you down in hopes you’ll settle for less than your case is worth. It may be difficult and frustrating, but patience is a virtue in these situations. The injury lawyers at Jorgensen, Brownell & Pepin, P.C. have the resources to get you through.
7. Sometimes “Winning” Means Settling
On the flip side, don’t lose the forest for the trees. Some parties may have so much invested in the case—personally, emotionally, and financially—that they are determined to fight on to the bitter end even if it is not in their best interest. Let’s be real, civil justice is about money, don’t expect that your case is going to get public recognition or that you’re going to get an apology. Most of the time, neither of those things happens. So, you need to adopt a cost-benefit analysis.
Your attorney should be willing to take the case to trial. However, suppose there is a good settlement on the table. In that case, you should consider not just the risks inherent in rejecting the offer, but also the toll the case is taking on you personally, and decide if it’s really worth it to keep fighting.
Get Your Case Moving Forward
The first step in successfully resolving your personal injury case is to find an attorney. Our team of attorneys at Jorgensen, Brownell & Pepin, P.C. have more than 30 years of experience handling personal injury cases for injured victims. During your free consultation, your injury attorney will present you with a plan for moving your case forward and give you a realistic idea about what you can expect; after that, the decision is easy.
To schedule your first consultation, contact our office today.