If you intend to file a personal injury claim, there are steps you can take from day one to put yourself in a favorable position to secure compensation. While there’s no foolproof strategy to win a substantial settlement or verdict—legal proceedings are, after all, inherently unpredictable—following these tips could give your case a better chance of success:
1. Keeping a Personal Injury Journal
You should record in writing everything you remember about the accident later that same day or shortly thereafter. No detail, from the weather conditions to the number of first responders who arrived, is too small to include.
For subsequent entries, record the ways in which your injuries are impacting your overall quality of life. For example, you should write about your symptoms, the side effects of the medication you’re taking, and the amount of work you’re being forced to miss.
2. Staying off Social Media
The claims adjuster may try to monitor your online activity for photos, videos, and statuses that allow the insurer to challenge your case. Therefore, it’s best to deactivate your social media accounts until your case has been resolved. If that’s not feasible, make sure to:
- Update your privacy settings so only approved connections can see your posts;
- Screen all connection requests, and ignore those from people whom you don’t recognize;
- Avoid posting about the case, your injuries, your expenditures, or your social life; and
- Ask friends and loved ones to avoid tagging you in their posts.
3. Documenting the Expenses You Incur
In the state of Florida, injured parties may be able to seek funds for:
- Medical bills;
- Home care;
- Property repairs;
- Alternative transportation;
- Lost wages;
- Lost earning capacity;
- Home and vehicle modifications;
- Domestic help;
- Child care;
- Replacement services;
- Emotional distress;
- Loss of enjoyment in life; and
- Pain and suffering.
Their spouses may also have the right to pursue compensation for the loss of love, affection, and companionship that they incur as a result of their husband or wife’s injuries. These damages are called “loss of consortium.”
4. Taking Reasonable Measures to Mitigate Damages
Failing to mitigate damages could reduce the total compensation to which you are entitled. If you contribute to the severity of your injuries—by failing to seek medical care, for example, or by ignoring your doctor’s orders—the opposing party may be able to shift some liability your way, thereby reducing their own financial obligation.
5. Seeking Legal Counsel
A resourceful personal injury lawyer can help you by:
- Gathering evidence of liability;
- Consulting relevant experts;
- Interviewing eyewitnesses;
- Handling all correspondence with the opposing party so they cannot manipulate you into accepting an unfair payout; and
- Preparing your case for court if the opposing party refuses to settle.
Call (813) 440-2700 for a Free Consultation with a Tampa Personal Injury Attorney
If you intend to file a personal injury claim in Florida, contact Capaz Law Firm, P.A. Our compassionate attorneys are committed to the physical, emotional, and economic wellbeing of our clients. Call (813) 440-2700 or contact our firm to schedule a free consultation with a personal injury lawyer in Tampa.