We are always asked how can I maximize my personal injury award?
If you have been injured, generally you are dealing with an insurance adjuster. The unfortunate truth is that insurance adjusters do not look at us as humans. For them, we are all just a number, and they have a system by which they input all of the data including medical treatment, and loss wages and it assigns a value to the case.
Below are several factors that you could use to maximize your injury award:
- Do not allow gaps in your treatment. This is because any gap in treatment is read as no pain and therefore no treatment. Of course, what is not considered are other reasons why the person may not have been seeking treatment such as: work schedule, the doctor not having an appointment, or simply not liking to go to the doctor and putting it off until it really becomes a necessity. Seriously how many of us love to going to the doctor?!
- Make sure to describe all of your symptoms accurately to your doctor.
- Make sure that your doctor accurately reflects all of your symptoms in his notes.
- Discuss all of your options with your doctor (i.e. pain management; physical therapy; surgery).
- Do not exaggerate any of your symptoms.
- Do ask your doctor for a specialist if you are not getting better.
- Document the way you feel each and every day. This will allow you and your attorney to determine how the injury has affected your life. There is a category of damages that are called non-economic damages, which we like to call "human damages." These damages could include feelings of: pain, sadness, anxiety, embarrassment, shame, fear, and anger.
- Make sure you report everything to your attorney so he/she is up to date on all of your medical treatment.
- Always tell the truth. This cannot be stressed enough.
- If there is any bruising or scarring make sure you take a picture of it. There is nothing more convincing than photographs.
- Do not under any circumstance give a statement to the insurance adjusters. This is almost the same as not speaking to the police because everything you tell them is going to be used against you.
- If you have had a previous injury related to your current injury make sure you describe that to your doctor. Insurance companies love to use this one against you, but under the law if the injury has gotten worse the injuring party would still be responsible for the entire injury. Its just like when your windshield was cracked but you were still driving your car for 5 years with no problems and now it becomes completely shattered. Who should pay for it? The person who made it worse.
Insurance adjusters forget that we are humans that have been injured through no fault of our own. Following these steps could help in maximizing your personal injury award. Insurance companies and their agents are in the business of making money by hedging risks. For this reason, the less money they pay, the more money they make. Unfortunately, they do not look at us like humans. At Rejali Law Firm we pride ourselves in taking only a few cases at a time, this approach allows us to know each of our clients on an individual human level, so we can effectivley demonstrate whether to an insurance adjuster, a mediator, or a jury how our clients life has been affected by the injuries they have sustained.
As Gerry Spence, America's best trial lawyer says: "This world will be a better place when the power of love overcomes the love of power." We strive to bring the power of love to each of our clients and to the courtroom each and every time.