4 Legal Strategies A Personal Injury Lawyer Uses To Maximize Compensation

Law Blog

If you're injured due to another party's negligence, you may be entitled to compensation for your losses. Unfortunately, insurance companies are often reluctant to offer fair settlements and do whatever they can to minimize or deny claims. The good news is that personal injury lawyers have a range of strategies to maximize the compensation you're entitled to. Here are four legal strategies a personal injury lawyer will use to get you adequate compensation:

Negotiation Strategies

Most personal injury cases are settled out of court through negotiations between both parties' attorneys. These settlements should reflect the full scope of damages suffered by the plaintiff. Personal injury attorneys are well-versed in the nuances of negotiation and can negotiate a more generous settlement. They'll use tactics such as presenting medical evidence, legal precedence, and other relevant documents to bolster your case.

Alternative Dispute Resolution (ADR)

When a case can't be settled through direct negotiation, alternative dispute resolution (ADR) may be used. Examples of ADRs include arbitration, mediation, or mini-trials. In arbitration, a judge or panel will hear both sides of the dispute and make a ruling based on their finding. This is often used when there are two opposing sides with drastically different points of view on an issue. In mediation, an independent third party, usually a lawyer, serves as a neutral negotiator between both parties to help them reach a more favorable agreement. In a mini-trial, each side presents its case before a panel of judges who decide who wins the trial. A personal injury lawyer will tell you the method that suits your case and help you navigate it. 

Litigation Strategies

If it's impossible to reach an agreeable resolution through negotiations or ADR, personal injury lawyers may opt for litigation. This involves filing a lawsuit against the defendant and presenting evidence in court to prove they are liable for your injuries. Through litigation, an injury victim may receive a more generous settlement than what they could have gotten through negotiations. A personal injury attorney will present powerful witness testimony, expert opinions, medical records, photographs, video recordings, and other forms of evidence to help you win your case. 

Filing an Appeal

If an injured party is unsatisfied with the outcome of a trial or settlement negotiation, they can file an appeal with a higher court. When filing an appeal, you'll be required to submit additional documentation to demonstrate why the ruling should be overturned or modified. Personal injury lawyers know what makes appeals successful and can craft compelling arguments on your behalf. 

Personal injury lawyers use various legal strategies to ensure that injured parties receive adequate compensation for their losses. Through negotiating settlements, taking your case to trial, and filing appeals to higher courts, these lawyers will ensure you obtain justice for your misfortunes.  


9 January 2023

Car Accident Clues

It can be hard to know what to do to protect yourself legally in the immediate aftermath of a car accident. You’re liable to be disoriented or in shock, you may be injured, and you’re surely worried about your passenger or the other driver. At least, that’s how I felt. The thing is, the things you say and do in the immediate aftermath of an accident may affect a legal case later. Depending on who’s at fault and what the laws are in your state, you may want to sue the other driver for damages, or you may find yourself being sued. My blog is designed to give you tips for a car accident lawsuit, no matter which side you find yourself on.