How Can I Maximize My Compensation?

The way in which you handle matters at the onset is very important when seeking to file a case for personal injury in Virginia. You should be cautious about the information you give to the insurance company and the documentation of your injuries, as they both have a great effect on your case. 

“The starting point of a solid case is solid records. You will need to have clear medical treatment and communication to prove your case,” advises Wiley J. Latham, a Virginia personal injury lawyer and founding partner at Latham & Martin Personal Injury Attorneys.

This guide will help you learn how to protect your claim, evaluate it, and negotiate it so you get the most out of your case.

Keep Complete Medical Records

Your medical records serve as a comprehensive timeline, documenting the full extent of your injuries and the precise moment they occurred. Insurance companies always look for gaps in your treatment. They want to prove that you are not as bad as you claim, or that there is something else wrong with your body that is causing your pain.

Get medical help immediately. Keep all your doctor’s records. Go to all your appointments. If you need to reschedule an appointment, reschedule it as soon as possible.

Get everything together and put it in a folder by date. This organized medical history is what your personal injury lawyer needs to see the full extent of your damages.

Gather Evidence 

Evidence determines who is at fault, and since we are in Virginia, where you are entitled to nothing if you are even remotely at fault, you want to act fast. Take wide shot pictures of the accident scene, then close-ups. Take note of the weather and lighting, as these are important details.

Call in the accident right away and get that crash number. Get the names and the contact information of anyone who witnessed the accident. Get the security footage from nearby businesses and homes of the accident as soon as you can, since most footage overwrites every few days. All of this helps back up your story and straighten out the timeline.

Keep Statements Tight

Insurers may want your recorded statement. Due to pure contributory negligence in Virginia, one wrong statement will destroy your case, so it is best not to give a recorded statement. Be careful with your words; stating that you ‘did not see’ the other party allows the insurance company to twist your statement and argue that you were at fault. Give the basics and tell the insurance company that you will provide a written statement later through your attorney.

Avoid discussing your injuries or speculating on details such as the other party’s speed or distance. The insurance providers will ask all pertinent questions, including those on your social media. Their concern is to look for anything that can dispute your claim. Keep all email, text, and voice messages, and let your personal injury lawyer handle communications with the insurance provider.

Document Every Loss

You can receive more compensation if you can substantiate all of your losses. You should keep all your receipts, including those for prescriptions, equipment, and travel to medical visits. You should keep a record of the distance traveled. In Virginia, juries will accept these expenses as legitimate if you can prove that the travel was for a legitimate purpose.

Lost income is just as important. Your employer should write a letter stating your income, the hours you lost, any time off you took, and if your job changed because of your injury. Do not make an estimate. Include your paycheck stubs, your work schedules, and any information from your doctor. 

How Do I Get the Right Lawyer? 

Having legal counsel on your side is vital in ensuring that the strength of your case is not compromised. This one step alone can save you from mistakes you cannot undo.

When you begin your search for legal counsel, the first thing you should look for is a lawyer who has gone to trial in the county where you initiated your case. Identify the person who will be working on your case. Read the fee agreement and ensure that the lawyer explains everything in a manner that you can understand.