Media post: 7 Tactics Personal Injury Lawyers Use to Maximise Settlements

Fighting for compensation is challenging when dealing with injuries sustained after an accident or malpractice. The at-fault party’s insurance company will try to minimize your payout. If you are trying to work through the legal process on your own, you can start to feel incredibly alone. 

This is where a skilled personal injury lawyer becomes invaluable – emphasis on the skills. A lawyer’s negotiation skills matter, sometimes more than anything else. This is not just to get you through your legal case but to get you the settlement you deserve. 

Experienced lawyers use the following tactics to ensure success for clients who are victims of negligence.

1. Strong Evidence Portfolio

Your lawyer will first ask you for evidence of the incident and your injuries. All personal injury lawyers use evidence to bolster legal claims. They gather and organize specific documentation to prove the other party is at fault. The most important types of evidence include: 

– Medical records. Your lawyer will need your medical records if you have been injured in an accident or because of medical malpractice. These records contain details of injuries and treatments. Most importantly, they establish a link between what happened and your injuries.

– Accident report. If you were in an accident caused by another person, your lawyer will also want the official police report. The unbiased account of the responding officer can prove to be very valuable for your case.

– Witness testimonies: Your lawyer must also get eyewitness statements from people who saw what happened. These statements support your version of events.

– Photographic evidence: You and your lawyer can use photos and videos to show property damage, injuries, and hazardous conditions at the accident site. 

2. Using Oregon’s Comparative Negligence Laws

The modified comparative negligence rule applies in Oregon. This means your compensation can be reduced if you are found to be up to 50% at fault for the accident. You cannot recover damages if you are more than 51% to blame. 

When you have a skilled lawyer, they will analyze all the above evidence to minimize your share of fault. The aim is to present you as less culpable than the defendant. Your lawyer’s negotiation skills are put to the test at this point. 

Your lawyer will argue that the other party’s actions were to blame for your injuries. They may also include arguments about poor road conditions and hazards if there is a question about your fault. 

3. Calculating the Value of Your Claim

The at-fault party’s insurance company will do its best to offer you a low settlement and get you to accept it. Your lawyer will use their expertise and negotiation skills to calculate and argue for a fair settlement on your behalf. 

Your settlement should include money for your medical expenses, property damage, and lost income. If your injuries caused you emotional distress and suffering, your lawyer would include non-economic damages in your case. 

Oregon’s legal landscape continues to recognize how non-economic damages affect victims of negligence. This is why an accurate calculation is so crucial. 

Moreover, lawyers also factor in future costs, such as ongoing medical treatment and diminished earning capacity. This helps ensure that no aspect of a personal injury claim is overlooked. 

4. The Art of Negotiation

Lawyers cannot fully engage in a personal injury lawsuit without negotiation. Your lawyer’s negotiation skills come into play everywhere, including when talking to insurance adjusters and opposing counsel. 

If your lawyer starts negotiating on your behalf, they may exceed the desired settlement amount discussed with you. This gives them room for negotiation, especially when the other party is dead-set on not paying. 

Your lawyer will keep a strong focus on the evidence they compiled. They will also point out all areas where the defendant is liable for the accident and injuries. This puts pressure on the defendant and their legal team. 

Skilled lawyers know when to push for a settlement or to delay negotiations. It is all about strategy to build leverage. 

In addition to having excellent negotiation skills, personal injury lawyers stay composed, which many plaintiffs cannot do. They become emotional when face-to-face with the person who caused them harm. For this reason, you should always let your lawyer handle negotiations on your behalf. 

5. Oregon-Specific Precedents

Personal injury lawyers in Oregon stay updated on legal precedents that may impact future settlement negotiations. For instance, recent rulings on workplace injuries, malpractice, or distracted driving cases can shape how similar claims are handled. 

Using the outcome of such cases, your lawyer can strengthen their position during negotiations. For a skilled lawyer, it is as simple as illustrating how courts have ruled before and why a fair settlement should be considered in the place of litigation. 

6. Expert Witnesses Can Change the Game

Game-changer is a word often used in personal injury cases. Sometimes, more information is revealed that changes the trajectory of a case. Other times, expert witnesses upend everything established up to a point. 

Medical experts, for instance, can help win larger settlements. This is because they can explain the long-term impact of injuries and give an estimate of what the cost of ongoing medical treatment will be. 

Accident reconstruction specialists can demonstrate how an accident was likely to have occurred and who was most likely to blame. 

Moreover, your lawyer may hire an economic analyst to boost your case. These analysts are experts in calculating future financial losses, for which you must also be compensated. 

Expert testimonies can help add credibility to your case when negotiations stall because of liability doubts. 

7. Trial as a Last Resort

Most personal injury cases do not make it to court. If yours does, your lawyer will use their best arguing skills to represent you. Your lawyer will present the evidence that proves you were not at fault for the accident or your injuries. At the end of the trial, a judge or jury will decide the outcome. 

Sometimes, even just the ‘threat’ of a court case motivates an insurer to settle. 

Choosing the Right Lawyer Matters

You have an increased chance of success when you work with the right lawyer. Add strong negotiation and arguing skills, and you will be on your way to being awarded the compensation you deserve.