Life changes in an instant after a sudden accident. You’re left injured, overwhelmed, and having to face significant financial burdens. Knowing how to navigate these challenges will help ensure that you receive the compensation you deserve. Today, we’ll explore key strategies to help you maximize your Reno personal injury settlement.
Limit What You Say
No matter what type of accident you were involved in, you should limit what you say.
- Do not admit fault. After an accident, you may not be thinking clearly. This temporary “brain fog” could result in you unknowingly saying something that could be interpreted as you claiming fault. For example, just saying “sorry” could be seen as an admission of fault.
- Keep conversations brief. By keeping conversations brief with the other involved parties and insurance adjusters, you’ll help minimize the risk of saying something that could be used against you later.
Ultimately, limiting what you say will help you minimize any perceived negligence in an accident and maximize your Reno personal injury settlement.
Be Aware of What You Sign
In personal injury cases involving a recreational activity, at fault parties (defendants) may try to lessen their liability by presenting an “assumption of risk” defense. That being said, there may be situations where what you signed doesn’t absolve the defendant from their duty of care to protect against known dangers.
In Auckenthaler v. Grundmeyer, the plaintiff (injured person) was harmed while riding a rented horse in northern Nevada during a commercial riding excursion. They were thrown from their mount when another horse kicked out, suffering severe injuries. Even though they had signed a waiver, the plaintiff sued the stable for negligence, claiming that it failed to provide a safe riding environment. The defendants of the case were said to have knowingly let a temperamental horse that had been exhibiting dangerous behavior on the ride–breaching their duty of care to other riders in their group.
Don’t Accept a Reno Personal Injury Settlement Right Away
In a personal injury claim involving a car accident, many plaintiffs make the mistake of accepting the first settlement offer they receive from the insurance company. Once an insurance settlement is signed, the plaintiff forfeits the right to pursue a case in court.
While an insurance settlement may cover some medical expenses and property damage related to an accident, an experienced Reno personal injury lawyer can help a plaintiff get further compensation for future lost wages, non-economic damages like pain and suffering, and in severe accidents, punitive damages.
Seek Medical Attention
If you were injured in an accident, seek medical attention right away. Reasons why an injured person may delay seeing a doctor right away:
- They don’t feel the pain of the injury right away, as with a concussion or whiplash.
- The stress of the accident causes them to delay treatment.
- They decide that the level of pain they are in doesn’t warrant a visit to the doctor.
Insurance companies can use a delay in medical treatment to minimize a plaintiff’s Reno personal injury settlement claim amount.
It’s also important to follow the instructions of your healthcare provider if you are injured. In one particular case, Mariotti v Worker’s Comp, the plaintiff delayed treatment and didn’t get medical scans right away prescribed by the doctor. Both decisions impacted the plaintiff’s case adversely.
Key Documentation for a Reno Personal Injury Settlement
When you consult with a Reno personal injury lawyer, you will help your case by providing documentation related to your incident to the best of your knowledge.
Examples of key documentation include:
- Photos of the incident scene, injuries, and other damages
- Medical records
- Missed time from work related to injuries
Medical expenses, lost wages, and other costs are determined by paystubs and bills. For the missing details, a lawyer can issue subpoenas, get authorizations for medical records, and get other details from public sources, such as police reports.
Why You Should Retain a Personal Injury Lawyer in Reno
The outcome of your Reno personal injury settlement can improve if you retain a lawyer. Here are some findings about cases that proceed forward with a lawyer:
- Settlements achieved with a lawyer are typically 3.5 times higher than those obtained by self-represented individuals.
- The majority of cases with a lawyer result in a settlement, whereas most self-represented litigants struggle to settle.
- Cases with a lawyer tend to do better in court, with less likelihood of dismissal or summary judgment for incorrect filings or missed deadlines.
Ultimately, a personal injury lawyer will help you maximize your Reno personal injury settlement amount in a case. In addition to maximizing a settlement amount, there are several examples where self-represented plaintiffs had difficulty with their cases. These include:
- Fulkerson v Costco: In this case, the plaintiff dropped the ball on several motions. Ultimately, Costco filed a motion asking for attorney fees. The plaintiff didn’t respond to the motion, and the case suffered.
- Myers v Edwards: In this case, the plaintiff’s case was dismissed because they failed to establish causation in the car accident they were involved in.
- In Wilson v Wal-Mart, the plaintiff’s case suffered due to failing to file disclosures on time. The plaintiff kept increasing the amount of their damages, likely irritating the judge and delaying the justice process.
A personal injury attorney in Reno, like the one at Lerner and Rowe, will help a plaintiff with all aspects of their case. From filing initial disclosures on time to responding to motions, working with a lawyer will help eliminate procedural mistakes that ultimately are detrimental to a personal injury case.
Call Lerner and Rowe to Maximize Your Reno Personal Injury Settlement
Our Northern Nevada personal injury attorney in Reno can help your case move forward and help maximize your Reno personal injury settlement. At Lerner and Rowe Injury Attorneys, our legal team offers representation in Reno to help injury victims get through the negotiations and settlement process. Schedule a free 24/7 consultation by calling 775-644-4444. The call is free, and you don’t pay us anything until a recovery is made on your behalf. You can also reach us online through LiveChat and secure contact form.