If you have been injured due to someone else’s negligence, the impact of the injury can be even worse if you are unable to recover the funds you deserve. Often, an insurance company will look for ways to reduce the amount of your payment, and those not aware of how the process works may find themselves without the money they need over the long term. That’s why having the correct knowledge regarding how to achieve successful personal injury claims is so important.
The most important thing to remember is that everything needs to be documented. You need to be able to prove that what you say happened, happened. This begins at the scene of the accident.
You may not be able to document the scene of the accident – in fact, what is most important is that you get to the medical help you need. However, if you can manage to ask someone to take photos or ask others if they witnessed the incident, this may be helpful.
First, Get Medical Help: It is important for anyone who has suffered an injury which may result in personal injury claims get medical help. You may not feel that medical attention is warranted, but being seen by a physician is an integral part of the process. Immediately following an auto accident or a slip-and-fall, your adrenalin is pumping, and this chemical reaction can mask symptoms of pain or injury. However, days or weeks later the pain may manifest. However, the insurance company can argue that since you didn’t seek help, the pain is not associated with that incident.
Visit the physician and document the date, time and treatment. You should also make sure to tell the doctor or paramedic exactly what happened. If their testimony is needed later, they can provide that information. Be sure to document everything from your medical treatment, and follow the doctor’s orders as to rest or medications. Failure to follow a physicians advice may also be seen as your own dereliction and may reduce your claim.
Next, Gather Evidence: You’ll want to collect evidence which will back up your claim. This may mean asking for surveillance videos, requesting the police report and eyewitness statements, or getting a detailed prognosis of your long-term medical situation. If you were able to take photos at the scene, keep them as well.
Contact the Insurance Company: You should let the insurance company know as soon as an incident has occurred, but you should never accept their first offer of settlement. The fact is, the insurance company is motivated to settle with you for as little as possible. At the time, you may think their offer is reasonable – and it may be. However, you may not yet know if you will have long-term effects, or how long you will be out of work. Hiring a personal injury lawyer who has experience in these matters can be a huge advantage. Not only can they speak to the insurance company on your behalf, they know exactly how much an injury like yours is typically worth. If you have been involved in an accident, you should call an attorney as soon as is practical.
Here’s a Hint: You will want to be prepared for some of the legal jargon the insurance company many use with you. Negligence refers to someone’s actions which are wrong or careless. Proximate cause outlines the action which was taken that caused the accident, arguing that it would not have happened if that action were not taken. Liability is legal responsibility.
The personal injury lawyers at Probinsky & Cole have the expertise and knowledge you need to navigate through the process of personal injury claims.
Call us today.
