7 tips to negotiate a fair brain injury claim
After being involved in an accident and having incurred a brain injury, you are supposed to file a claim with an attorney’s help. Well, there are some tips that you should consider as you negotiate for a fair claim, and they include:
1. Ensure you have managed your expectations
The main issue with such a claim is that there is no way to measure the pain you are enduring after being involved in an accident. The best way to calculate such claims’ value is to sum up, the medical expenses and lost wages. You will then add some amount of cater to the pain that you have undergone.
Some people handle the brain injury’s claim alone; however, in most instances, such individuals usually have minor injuries. If you have been released from the hospital after a few days, you will not be compensated for the pain you endured.
You are supposed to undergo a CT scan, and the results will help rule out there is nothing serious. Suppose the test showcases the extent of the injury is extreme. In that case, you will have a better argument that will allow you to negotiate for a higher amount when it comes to the pain you underwent after the accident that led to the brain injury.
2. Understand everything that counts under pain and suffering
If you want to negotiate any claim successfully, you should understand everything revolves around pain and suffering. When you learn about the differences, you will be better positioned to negotiate, and the other party will know they are dealing with a knowledgeable individual who is conversant with the settlement process.
Pain and suffering refer to a person undergoing emotional distress and physical pain after an accident because of another party’s negligence. The compensation is meant for subjective pain. For instance, you were healthy before the accident; however, afterward, you are suffering from severe back pains daily. The cash remitted is supposed to cater to the pain that you are enduring daily.
Psychological suffering is also included in this context. After an accident, you will feel helpless. You are supposed to be compensated for such issues.
3. Support the claim using outside factors
These factors usually revolve around the accident, and they could convince the jury that they will be more sympathetic. Some of these factors include:
- The accident had fatalities
- The other party was intoxicated
- The police report showcases you don’t have any fault
During the negotiation process, you are supposed to explain how some of these outside factors brought about fear and distress after the accident. Also, talk about how you would not be suffering from these issues if the accident did not occur.
4. Narrate a story about the pain & suffering you are enduring
You should use simple language as you negotiate for a fair claim. Ensure you have explained well how the injury has affected your personal life. You can talk about how you thought you’d die and how you felt helpless. Ensure you have communicated your feelings effectively. The main focus should be on the effects of the accident.
5. Talk about the distress you experienced as you recovered
The pain and fear that you experience during a collision is just the beginning. You can use straightforward language to talk about your experiences after the accident that led to the brain injury and your recovery journey. Some of the issues you may have experienced include:
- Nausea and side effects of the medication prescribed by the doctor
- Being unable to sleep in your bed since you can’t manage to go upstairs
- Sleep disturbances because of the pain
- Being unable to care for your children
- Engaging in therapy sessions that are painful
- Nightmares after getting into an accident
6. Linking evidence to the pain and suffering you endured
You can state that you had a miserable week after the accident. Ensure you have justified the pain that you underwent.
The evidence that you underwent a significant amount of pain includes:
- Notes from the doctor describing the pain you were in during the medical examination.
- Being unable to care for your child since you cannot lift anything above ten pounds.
- Provide witness statements about the pain you endured.
7. Make sure the other party is fully knowledgeable about the ‘before and after’
Before the accident, you should categorically state that you did not have any psychological or physical issues. You were healthy before the brain injury, and you would even engage in activities such as sports. After the brain injury, life has never been the same, and like other people who have undergone a similar predicament, you are in pain, and you are experiencing varying levels of discomfort.
Story by Kim Hemphry. Hemphry is a passionate expert in the areas of Legal Matters, learning and education. She has been featured on over 50 leading Legal and education sites and is a modern thought leader in the field. More about her interests and articles on her site – http://kimhemphry.com/