Posted on: 3 July 2019
When you've been injured in a car accident and you're pursuing a case against the other driver's insurance company, you deserve to be fully compensated for your injuries and the related pain and suffering. Sadly, many plaintiffs end up settling for an offer that barely covers their expenses. This does not have to be you! You have more control than you might think over the amount of compensation you receive and how the judge rules on your case. Here are some steps you can take to ensure maximum compensation.
1. Don't let the defense get access to your medical records.
If the judge issues a subpoena requiring that your medical records be sent to your defense, then so be it — but this rarely occurs. Your medical record can only be sent to parties who you've approved to receive it. Do not agree to have it sent to the defendant, their lawyer, or their insurance company. If they get access to your medical record, they could use certain details on it against you — details you may never assume could be framed negatively! If only your lawyer has access to your medical records, then you'll have a leg up.
2. Gather evidence of your pain and suffering.
Generally, you will need to provide evidence to support your request for any funds that will cover medical expenses or lost wages. But pain and suffering is a category all its own. You're not required to show evidence of your pain and suffering in order to request compensation for it — but that does not mean you shouldn't!
Evidence of pain and suffering can be a bit difficult to gather, but get creative. Can your friends attest to the fact that you're now afraid to drive, indicating the suffering you're experiencing? Maybe you have records showing that you've been seeing a therapist to deal with anxiety related to the collision. If you can prove the accident is still causing you to suffer, the judge will be more likely to approve the full amount you're requesting.
3. Keep all of your receipts.
If you do not have on-paper evidence of all of your medical expenses, the judge may refuse to approve compensation for the undocumented one. So keep all of your receipts — even those for seemingly small things, like a bottle of ibuprofen. The costs can really add up, and there's no reason you should not be compensated for each and every one of them, as long as you have proof.
4. Be honest with your lawyer.
Make sure you are completely honest and up-front with your lawyer in terms of all of your medical expenses and the details of your accident. Remember that your lawyer's job is to present you in the best light and argue for you, and they can do that better when they know the whole truth. On a similar note, if your lawyer accidentally gets some details of your case wrong, don't be afraid to point this out. Everyone makes mistakes now and then, and it's better to correct things now than have incorrect facts presented to the judge.
5. Ask for your doctor to testify.
Either you or your lawyer should approach your doctor and ask them if they would be willing to testify as a witness in your case. A direct testimony from your doctor is hard to argue with when it comes to requesting compensation for pain and suffering.
Filing a car accident case can feel a bit like an uphill battle, but it's not impossible. With the tips above and plenty of resilience, you can get the compensation you deserve.
Contact a law firm that offers auto accident lawyer services in your area for more information.Share