8 Steps to Maximize Value of Personal Injury Settlement (Infographic)

Written by Lakota Denton on February 1, 2019. Posted in Infographics, Personal Injury Law, Personal Injury Settlement Calculator

Maximize the Value of your Personal Injury Settlement (2019)

If you’ve ever been injured by someone else, whether from a car crash, or from some other kind of negligence, you will know that recovering money for your injuries can be a long, complicated process. North Carolina law states that when you are injured because of someone else’s negligence, you are entitled to certain “damages”, or money for your injuries.

These include things like payment for any medical bills, lost wages, and pain and suffering. Making sure you are fairly and fully compensated for these damages is usually the work of a personal injury lawyer. Whether you are settling a personal injury claim without a lawyer, or with a lawyer, here’s how to maximize your personal injury settlement.

Asheville Personal Injury Settlements

#1 – Provide the insurance company with a full and thorough investigation of how you were injured.

Whether you’ve been in a car crash or you’ve fallen on someone else’s property, you will need to investigate how it happened. Take photographs.

If you’ve been in a crash, use your cell phone to photograph both vehicles, the road section where the crash took place, any skid marks, guard rail damage or anything else that might be relevant. If your injuries are visible, such as bruising or cuts, photograph those too.

Talk to witnesses who saw what happened. Talk to any witnesses, or at least get their names and phone numbers before they leave the scene so you can talk to them later on.

You never know if an insurance company will deny what happened; eyewitnesses help you prove exactly what happened. If you speak to an eyewitness, have them sign a statement about what they saw. If a police officer investigated the incident, get a copy of his or her incident report or a statement from the officer.

#2 – Present evidence and case-law showing why another person was at fault.

Once you’ve completed your investigation, look for other similar cases where Courts have found the other person at fault for what happened to you.

Also, summarize all of your evidence in a way that is simple and easy to understand for the insurance company. Reference your photographs, witness statements, and incident report to show exactly what happened, and why it is the other person’s fault. You might say something like this.

“I was driving south on Highway 26 when Mr. Bradshaw turned out in front of me, causing me to crash into him. I had a green light, Mr. Bradshaw had a red light.

The attached North Carolina Crash Report shows that Mr. Bradshaw was charged with failing to yield to right of way. Attached is also a statement from an eyewitness who states that the light was green for the green Honda (me) and the light was red for the Ford truck (Mr. Bradshaw). Finally, see attached photographs of the damage to both vehicles, showing that the front of my vehicle struck the driver side of Mr. Bradshaw’s vehicle.”

Attach to this summary any of the documents you’ve obtained that help prove what happened. This will not only prove your case, but increase the value of any potential settlement for your injuries.

#3- Do a background search on the at-fault party.

Always do some research into the at-fault person before you negotiate a settlement. You can do a criminal background check, a driving record check, or hire an investigator to look into the at-fault person to see if they have injured someone in this way before. If you find out that the at-fault party has caused 4 car crashes in the last 2 years, the value of your case just went up.

If you find out that the store where you fell on the damaged floor has had 3 other people fall in that same spot, the value of your case just went up. Always do some kind of background check before you negotiate your personal injury settlement. Usually, you find nothing. But when you find something that hurts the at-fault person’s case, it can dramatically improve yours.

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#4- Provide a full and thorough summary of your injuries and the treatments you’ve received.

Once you have recovered from your accident and injuries, or at least you have reached a point where you will not get any better, you will need to review all of your medical records.

Request all of your records from everywhere that you have been treated by a doctor.

Once you have all of your records, go through them and create a summary of the injuries and treatment you received following the incident in which you were injured. For example, you might start your summary as follows:

“Following the crash, I was taken by ambulance to the Emergency room. The ambulance placed me on a stretcher and stabilized my spine. Upon presentation to the emergency room, I was immediately given morphine for pain. X-Rays were taken, revealing a fractured collar bone. Dr. Romero recommended that I follow up with an orthopedic specialist. I was released with instructions to fill a prescription for pain killers and anti-inflammatory medicine.”

It also helps to include the injury codes for any injuries you suffered. These codes are medical providers way to shorthand what your injury was.

For example, the injury code for a broken collar bone is S42.022A. Some insurance companies use a computer to calculate your settlement value, and the injury codes are helpful for the computer to understand your injuries.

#5 – Get copies of all of your medical bills.

You will need to ask all of your medical providers to give you copies of your bills, even if your health insurance or Medicaid/Medicare paid your bill. Don’t forget to include the ambulance bill, and the emergency room physician bill (they bill separately from the hospital).

When you have all the bills, add up the total amount that you were charged, regardless of how much of the bills have been paid so far. Write a summary showing the amounts owed to each provider, and make a total amount.

If you don’t send a bill to the insurance company asking them to pay for it, they will not consider it when they offer to settle your case.

#6 – Provide opinions from your doctor about the cause of your injuries.

You will have to show that your injuries were caused by the crash. Sometimes this is very easy, and you won’t need a doctor to even give an opinion. For instance, if you have bite injuries after been bitten by a dog, or slipped and fallen on broken pavement at a store and you landed on your knee fracturing your kneecap, you probably don’t need a doctor to state that the fall, in fact, caused the broken kneecap. The broken kneecap could only have come from the fall.

However, if you suffer a neck strain in an Asheville NC car crash, and you also had some neck problems before the crash, you will probably want a doctor to say that the new neck complaints and injuries are caused by the car crash. In North Carolina, you will want the doctor to state that “Based on a reasonable degree of medical certainty, It is more likely than not that the car crash caused (or exacerbated) the neck injuries for which I treated the patient.”

You may have to write a letter to your doctor asking for this opinion, and they may charge you a fee to do it.

asheville personal injury lawyer

#7- Ensure that you have identified every possible insurance policy to recover from.

You need to know exactly which insurance policies cover the injuries that you are seeking to be compensated for. This can be very complicated in some instances, and help from a personal injury lawyer is always the best way to ensure you are handling things correctly.

You need to know exactly which insurance policies cover the injuries that you are seeking to be compensated for. Click To Tweet

In short, you should be able to recover from the insurance policy of the at fault person. If your injuries are the fault of a store or business, they will almost always have some liability insurance to cover their negligence.

Where it gets complicated is when you recover the entire policy limits from the at-fault person and still need to find insurance policies to cover even more.

The short answer is that you should always carry enough car insurance so that you are covered if they at-fault person doesn’t have very much coverage.

I always recommend at least $100k in liability insurance on your own car, which can be used for your injuries if the other driver has less than you. As always, talk to a personal injury lawyer for advice on this.

#8- Write a letter to the at fault insurance company demanding settlement.

All of the above information should be detailed in a letter to the insurance company asking them to settle the case.

This letter will include a description of the incident, a description of the evidence that the other person is at fault, a summary of your injuries and medical bills, and any opinions from your doctors.

Attach to this letter copies of any photographs, witness statements, medical records, medical bills, doctor’s opinion letters, and anything else that will help show how these injuries have affected you.

If you have missed time from work, include pay stubs showing how much you earn and an out of work note from your doctor showing the time you had to miss.

Conclusion on how to Maximize your Settlement

There is no such thing as a personal injury calculator or a pain and suffering calculator that helps you determine the value of your case. There are simply way too many variables to know the value of your case based on an online “calculator”.

Talk to a personal injury lawyer or car accident lawyer about your accident case and get advice for what a fair settlement would be. Include a number in your demand letter that you are asking to settle the case for.

Give the insurance company 30 days to review the letter and then follow up with them, asking if they’ve reviewed it. If you follow the documentation advice I’ve given here, you should maximize the value of your case.

Contact Asheville Injury Attorneys

If you have questions about an accident you were in, call or email our office today to schedule a free, no-pressure consultation with an Asheville North Carolina Personal Injury Attorney.

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Latest Client Reviews of Lakota Denton

Lakota my former law partner, a colleague, a friend, and an amazing trial lawyer. I have watched Lakota’s practice grow over the years due to his compassionate representation of injured clients and their families and his relentless assault on insurance companies and their defense attorneys. If you want an attorney that is going to fight for you, call Lakota.

James Minick
10/27/2019

Just want to say that Lakota Denton and his staff are incredible. I left his office feeling like I was just adopted into his family. Very informative and easy to understand, I have a total understanding of how he handles cases from the short talk I had with him. I would recommend Lakota and his staff to anyone injured in an accident. If I could give 20 stars it would not be enough. Very happy with this Lawyer.

No Name
5/24/2019
I was a passenger in a car that was involved in an accident. The EMS had to transport me to the hospital where I went through many exams and tests. I had Mr. Denton handle my case, and he did a superb job on handling all that was involved in settling the case. I would never have been able to do all that was required had I not sought out Mr. Denton's help. He knew how to handle it all proficiently, and he settled the case to my satisfaction. You can trust this attorney to do the work for you, and you will be quite satisfied with the results. Thank you from the bottom of my heart for taking all the stress/frustration off my shoulders and doing such a great job!!

Constance Brock
2/28/2019

I highly recommend Lakota and his team. They are professional, personable and persistent. Absolutely would recommend.

Mark Giberson
2/25/2019
Lakota is incredibly thorough and generous in the time and energy he gives those he's working with. I highly recommend him.

Kate Davis
1/27/2019

he is a great attorney who worked hard to advocate for my rights

Dov Shoneman
1/27/2019
Excellent representaion. Experienced, articulate, thorough, and determined.

Adam Matar
1/27/2019

Lakota was so informative and helpful. Thank you so much for all you've done!

Elecia N
1/27/2019
Lakota is personable and dedicated. You can trust him to truly hear your story and do his very best in offering support.

Jaydee Sedmak
1/26/2019

Lakota was so easy to work with. He is experienced and knowledgeable. He knew exactly what to do and when to do it and kept me aware of all the moving parts. I learned a great deal working with him and will not hesitate to use his services in the future.

Katerina Leeger
1/23/2019

From NC Personal Injury Blog:

Tags: accident claim, injury claim, settlement

Lakota Denton

Lakota Denton is an Asheville, NC trial lawyer who focuses on recovering for injured people. Lakota has been practicing law in Asheville, N.C. since 2011. Lakota attended Keene State College in New Hampshire and graduated with a degree in psychology in 2000. Lakota played professional soccer after graduating from college. In 2011 Lakota graduated Cum Laude from Western New England college where he was awarded the Edward Cooley Award for Excellence in Labor Law, The CALI excellence for the future award for Labor Law, The CALI excellence for the future award for Jurisprudence Survey, The CALI excellence for the future award for Trial Methods, and was a member of the American Association for Justice Moot Court Team. Lakota has been practicing in his own firm since 2013, focusing solely on personal injury. He is a member of the American Association of Justice, the North Carolina Advocates for Justice, the North Carolina Bar association, the American Bar Association, the National Trial Lawyers, and was awarded Top 100 Trial Lawyers by the National Trial Lawyers, the 2014 Top 40 Lawyers under 40, and the Avvo clients choice award. He has spoken at the Asheville Paralegals Association Luncheon and he served on the North Carolina Advocates for Justice Auto Torts leadership team in 2017. Lakota has won numerous jury trials with verdicts for his clients. For more information, contact our office.

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Lakota R. Denton, P.A.

5.0

caroline truesdale

20:13 07 Jun 18

I was referred to Lakota after being involved in a multiple vehicle car accident. Lakota and Jenny were both great to work with, they both were very caring and offered the best advice for my situation. Before speaking with them I was confused about the whole process and what was supposed to happen, Lakota went over each step of the process with me and made sure all of my questions were answered and I understood before I left. I left their office much more confident than I was when I walked in. They are wonderful to work with and I will not hesitate to call them in the future if needed.

Jocilyn Baker

20:08 04 Jun 18

Lakota and Jenny are a great pair to work with. Lakota is direct, realistic and honest about the processes needed to take place and I felt secure and confident while working with him. Him and Jenny both have a caring and gentle spirit which was greatly appreciated during a stressful lawsuit. Thank you both so much for everything.

Ian DeLoach

23:58 22 Jan 18

Lakota and Jenny were amazing, going above and beyond in handling my case. They were always very responsive and supportive with any questions I had and made the entire process a breeze, I couldn't be happier with the outcome! Highly recommended!!

LS Pettitt

23:30 21 Dec 17

Lakota and his paralegal Jenny were wonderful throughout this process. I feel confident that they did their best which resulted in a very satisfactory outcome. I would highly recommend!

andrew lauchner

01:08 23 Feb 18

Excellent gentleman. Helpful and caring service. He assisted me effectively.

Peter Estrada

02:09 16 Aug 18

I couldn't be happier with the job Lakota Denton and his awesome staff did for me after I had my accident. They all really cared about my outcome and stayed in touch every step of the way. I can't recommend him enough!! 5 stars all the way. Thank you!

Christopher McGrath

18:21 16 Aug 18

In an accident? Need Help? This is your turn-key, set-it-and-forget-it solution! Lakota and Jenny are two of the best friends you will meet in Asheville! If anything can go sideways, be atypical or oddball... it seems like it will happen to me. True to form, several legal obstacles cropped up... even though I was not at fault in the accident. Jenny takes ownership of your problems. Like a dog with a bone, they will relentlessly work to resolve issues in your favor. Lakota and Jenny make you feel like family, as if you are their primary concern. PS: Lakota: Jenny deserves a raise!

Devin Barrett

14:24 03 Oct 18

Lakota was great to work with. If you are looking for a personal injury attorney, I would highly recommend him and his professional staff.

Chessa Budai

16:21 24 Oct 18

Incredibly helpful folks- whether you end up utilizing their services or not. They provided me with peace of mind on a terrible day when I had no idea what steps to take. You won't find a friendlier or better informed personal injury lawyer in Asheville! Even if you're just not sure of your rights or the steps to take, it's definitely worth making the call!

Vanya Vanyelska

22:10 27 Nov 18

Lakota and his staff are warm, thoughtful, and generous. Lakota offered free, informed advice about my situation, and I left the office feeling safe and confident that I could manage it, or if not, they could help. I am truly impressed with the genuine attention and positivity they offer.

Zachery Adam

21:24 18 Dec 18

Attorney Lakota Denton was super effective at isolating the issue, building a strong case, and achieving immediate results on behalf of clients in a matter that is so key to our constitutional rights. If looking for an attorney, look no further. You need him in your court!

Elecia N

16:11 16 Jan 19

Lakota was so informative and helpful. Thank you so much for all you've done!

Dov Shoneman

04:55 23 Jan 19

he is a great attorney who worked hard to advocate for my rights

Katerina Leeger

11:54 23 Jan 19

Lakota was so easy to work with. He is experienced and knowledgeable. He knew exactly what to do and when to do it and kept me aware of all the moving parts. I learned a great deal working with him and will not hesitate to use his services in the future.

Kate Davis

17:05 23 Jan 19

Lakota is incredibly thorough and generous in the time and energy he gives those he's working with. I highly recommend him.

Emily

19:24 23 Jan 19

Lakota has integrity. He is mindful in his work, and he communicates effectively. We were very lucky to have him working for us.

Jaydee Sedmak

03:10 26 Jan 19

Lakota is personable and dedicated. You can trust him to truly hear your story and do his very best in offering support.

Mark Giberson

19:26 25 Feb 19

I highly recommend Lakota and his team. They are professional, personable and persistent. Absolutely would recommend.

Constance Brock

04:57 28 Feb 19

I was a passenger in a car that was involved in an accident. The EMS had to transport me to the hospital where I went through many exams and tests. I had Mr. Denton handle my case, and he did a superb job on handling all that was involved in settling the case. I would never have been able to do all that was required had I not sought out Mr. Denton's help. He knew how to handle it all proficiently, and he settled the case to my satisfaction. You can trust this attorney to do the work for you, and you will be quite satisfied with the results. Thank you from the bottom of my heart for taking all the stress/frustration off my shoulders and doing such a great job!!

No Name

16:58 24 May 19

Just want to say that Lakota Denton and his staff are incredible. I left his office feeling like I was just adopted into his family. Very informative and easy to understand, I have a total understanding of how he handles cases from the short talk I had with him. I would recommend Lakota and his staff to anyone injured in an accident. If I could give 20 stars it would not be enough. Very happy with this Lawyer.

James Minick

11:22 26 Oct 19

Lakota is a trial lawyer. If you want an attorney that is going to fight for you, call Lakota.

Michelle McCann

12:56 03 Mar 20

He is a great help and amazing attorney. I definitely recommend him.

Tj Stephens

14:48 04 Mar 20

Absolutely the best attorney in the area, long story short I was involved in a motorcycle accident where the individual at fault had very little insurance and my property damage and personal injury costs were substantial. Lakota was extremely professional and genuinely helped in every way he could. Very good at communication, he kept me informed the entire time going on 7 months. Without him this mess could have been a catastrophe. I rate him 5 stars because that's the highest I could rate, he and his staff deserve an even better rating than that. I highly recommend him!

Chalkley Matlack

17:34 16 Apr 20

Lakota Denton is a champion for the people. He worked with me on a car accident case and won the maximum settlement. He has a strong reputation as an experienced trial lawyer so insurance companies know he doesn't mess around. Lakota is aware of loop holes and special amendments within the law to provide the best service possible and leaves no stone unturned. Every question I had (no matter how redundant or silly) he was glad to explain to me. Apart from his technical knowledge, he is very kind and warmhearted. Stepping into his office is like being invited into his home. I would 110% recommend him, and after discussing the settlement, I wanted to run down the street and tell every single person I saw about him.

Ginny Ray

02:19 24 Jun 20

I highly recommend Lakota Denton! He has been such a huge help, he kept me posted about my case, offered amazing advice while listening to my concerns and was beyond effective, especially considering I hired him shortly before the Covid 19 Pandemic started. I could not have made a better choice. I'm so relieved we were able to reach a settlement in an accident where the driver crossed the center line & hit me, sending me into oncoming traffic, finally coming to a stop only inches from the parkway bridge. She had no insurance, and no license. And I was certainly not the only one she'd done this to, not only did she hit the car behind me as well, she'd been in trouble numerous times for the same reason. I originally reached out to a different lawyer but was told that my case was not worth the time. I was very disappointed, I actually didn't look for another lawyer for over 2 years, until the statute of limitations was expiring. Lakota assured me that we had time, and that he could definitely help me. If you need an attorney in Asheville, or WNC there's no better choice.

Tyshae Lytle

17:18 27 Jul 20

I would like to thank Lakota and his team for the amazing job they do!! I never felt like I was just another client . I would recommend Lakota Denton office to anyone!! Thanks again to Lakota and his team !! They're all amazing people .

Christopher Taylor

15:33 26 Aug 20

Lakota and his team have been great to work with. His office is always responsive, professional, and friendly. It's refreshing to collaborate with other professionals that care to help our clients achieve their goals. We appreciate how helpful he is to clients whether they hire him or not.

Daniela Jewell

16:31 28 Oct 20

I am honored to be writing another 5-star review to add to the growing list of 5-star reviews I enjoyed reading here! It was my pleasure to receive legal aid and guidance from someone as kind, friendly, professional, and responsive as Lakota.

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