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what to do when the unexpected happens
A slip and fall in the grocery store, a car accident, a motorcycle or bike breakdown, or even a wrongful death claim can happen when we least expect it. After an accident, how do you know when it is appropriate to seek a personal injury attorney? Making an informed decision is the answer. After you have taken the time to consider some thought provoking questions, you will have clarity about whether or not you should seek a qualified personal injury attorney.
How serious is your injury?
Not every accident may seem serious enough to involve a personal injury attorney. It is important to understand that even if an accident seems minor at the time, pain related to that injury can occur much later, sometimes even years later. It is best to be seen and examined by a doctor after an accident. If the following have happened or are about to happen, you should have your case evaluated by a professional injury lawyer:
• Ambulance
• admitted to hospital
• surgery
• physical therapy
• orthopedics
• chiropractor
• cosmetic surgery
• rehabilitation
The value of your claim can increase significantly when you have professional legal representation for any injuries.
Whose fault was it?
It is very important to consult an attorney quickly after an accident, especially if you believe that your injury was caused by the negligence of a third party. The details and accuracy of a case can be remembered and recorded immediately after the event. Proving a legal mistake involves applying certain standards to evidence that would later be held in high esteem if the facts were gathered sooner. In order to have a strong case, timely contacting a personal injury attorney is the key to a positive outcome.
Has an insurance company contacted you?
If you are contacted by an insurance company claims adjuster who begins asking you for details about your injury, be careful what you say. If they inquire about recorded statements, medical records, your account of the accident, releases and other personal information, you should stop by telling them that you are contacting legal advice. Insurance adjusters are trying to minimize your losses by making you make statements that are detrimental to your claim. One of the strategies they sometimes use to reduce the amount paid is to claim that your injury was pre-existing. Make sure you speak to an experienced personal injury attorney before speaking with a claims adjuster and they can provide you with guidance on how to handle your conversation.
Is the insurance company refusing to pay you?
Plain and simple, insurance companies sometimes use deceptive tactics to avoid paying claims. Some methods of trying to manipulate a case may include undue delay in the claims process, even when liability is not in dispute, or refusing to make an unreasonably low offer regardless of the level of injury. Insurance companies that use malicious tactics can be held legally responsible by a personal injury attorney for doing so. An experienced lawyer will negotiate with the insurer on your behalf, and can usually settle claims quickly without going to court.
Difficulties handling your own claim.
If you decide to handle your case yourself, you will need to do your legal homework and have a solid understanding of injury claims as well as the settlement process. Negotiating with insurance companies and claims adjusters may involve knowledge of both statutory and case laws. Some injury cases are much more involved and you may need the assistance of an expert to uncover the evidence you need to optimize your claim. You may need to prove the accident by doing some kind of reconstruction, research and recording eyewitnesses, understanding medical records, understanding physics, negotiating non-economic damages like pain and suffering.
If you are not comfortable doing these things, it is advisable to consult a personal injury lawyer. An experienced attorney may be able to negotiate a much higher recovery for your non-economic damages as well as your more tangible damages.
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