A personal injury lawsuit should provide compensation for anyone hurt in an accident that is not their fault. Unfortunately, winning your case is not guaranteed. Many defendants are represented by insurance companies that have handled thousands, even millions, of claims. They know how to fight and will do everything possible to deny you compensation.
Below, our personal injury lawyer identifies the essential tips for winning a fair settlement. Contact Tuite Law if you have any questions.
Hire a Lawyer As Soon as Possible
Too many accident victims stumble around for 6 months trying to handle their own claim, only to realize they are in over their heads. Certainly, it’s never too late to contact an attorney. But you will strengthen your claim if you hire one as soon as you are hurt.
Our personal injury lawyer will:
- Gather evidence to prove fault. For example, we can search for security videos that capture the accident or interview witnesses to find out what they observed. It’s much harder to find evidence if you are stuck in bed trying to heal.
- Fill out all forms and handle all communication with the insurance companies. You should focus on physical recovery and not tracking down information for an insurer.
- Ensure you don’t accidentally say anything that might undermine your compensation claim.
We perform other tasks, which we will describe in a consultation. However, the above steps make a big difference so early in the case.
Do Not Admit Fault for the Accident—Even Inadvertently
You could easily say something you don’t mean, which will hamper your ability to receive any compensation. Illinois has a comparative fault law at 735 ILCS 5/2-1116. If you are more than 50% to blame for the accident, then you will not receive any compensation. That is the extreme consequence of being careless yourself.
Even if you are less than 50%, you will end up losing out on compensation. We can’t emphasize enough that you should not say anything that suggests you are to blame:
- Don’t apologize at the accident scene;
- Don’t give a recorded statement to an insurance adjuster without having a lawyer present;
- Don’t post about your accident or injuries on social media because your statements could be misconstrued.
Receive All Medical Care a Doctor Prescribes
Some people stop receiving treatment early. The result? They end up receiving less in compensation. The defendant might argue that your lingering pain and disability are your own fault because you didn’t get all the care you needed. For this reason, we strongly encourage you to follow your doctor’s treatment plan as closely as you can.
Don’t Wait Too Long to Request Compensation
You could easily lose the ability to sue if you delay unnecessarily. The statute of limitations for personal injuries in Illinois is usually two years. The clock begins to run on the day you are injured. There are limited exceptions, but the critical point is to not delay seeking compensation. We recommend calling our office as soon as you can. We can meet at a convenient location to discuss what happened.
Document Your Physical and Emotional Pain
Most people are unaware that they can receive compensation for pain and suffering. This term covers:
- Depression
- Loss of enjoyment of life
- Anxiety
- Post-traumatic stress disorder
- Bodily suffering
One problem is proving your pain and suffering. True, you can testify about how your injuries have upended your life. But the defendant will probably allege you are telling a self-serving story. For this reason, we strongly recommend doing everything possible to document how the accident is impacting you. For example, you can keep a journal where you write down daily how you feel, including the location and intensity of pain. Also, hold onto prescription pill bottles for any pain medication, antidepressants, and other drugs.
Never Negotiate on Your Own
Insurance companies don’t play fair. They will make lowball offers and try to pay as little as they can. Anyone who tries to negotiate on their own will likely end up taking home much less than if they had hired an experienced personal injury attorney to negotiate for them. Tuite Law has negotiated settlements worth millions of dollars for clients injured in all types of accidents.
Speak with a Personal Injury Lawyer Today
Accidents are shocking events. Many people are in so much pain they cannot work, all while they rack up expensive medical bills. You need fair compensation, which a seasoned legal advocate can help secure. Call Tuite Law today at (815) 965-5777 to speak with a personal injury lawyer.
