Whether you’ve been hurt in a car accident, through a slip and fall incident, or through any other means at the hands of a negligent party, you may need a head injury lawyer to get the compensation you deserve. In most cases, this means negotiating with the defendant’s insurance company, which will be responsible for paying the settlement. They aren’t in the business of simply throwing away their money, so you’ll need to prove your case if you hope to get paid. If the insurance company believes you have enough evidence to convince a jury of your claims, they will try to settle out of court. Here are some of the things you should do to reach that point.
Extensive Medical Records
You have to prove your case through facts and evidence, not conjecture and emotion. The more hard evidence you can put in front of the insurance company, the better your chances of walking away with the compensation you need. A good head injury lawyer will have seen injuries like yours in the past and will know exactly the evidence he or she needs to make a good case. This will likely include records from the hospital and testimony from your doctor. If your injuries are likely to be permanent, make sure that fact is reflected in your doctor’s report. This can have a significant impact in the settlement you receive.
Plan Your Own Battle
Too many plaintiffs make the mistake of allowing the opposing insurance company to have unfettered access to their medical records. This is not their right, and you should withhold permission until you’ve discussed the evidence with your head injury lawyer. Think of it this way: would you let an opposing army have access to your battlefield plans? Of course not. While the opposing lawyers will have a right to review discovery before trial, they do not have the right to go trampling through your private medical records.
Explain Mitigating Evidence
No case is perfect. Even a bad attorney can take minor inconsistencies and negative evidence and make it look as though an individual is suing for malicious or opportunistic reasons. You need to anticipate this kind of attack and have a good explanation for the evidence that seems to go against your claims. For instance, perhaps this isn’t the first time you’ve been hurt. The insurance company may question whether the injuries you’re claiming came from this incident really came from a prior incident. You’ll need the medical testimony that can prove this isn’t the case. A good head injury lawyer will see these questions coming and be prepared for them.
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