3 Warning Signs In Any Injury Claim
Personal injury claims can become complicated when pertinent case information is excluded or the injured party is not aware of the full extent of injury compensation claims. Establishing negligence can be problematic, as insurance companies and respondents will defend against the claim unless negligence is obvious. Attempting to deal directly with the respondent parties can be frustrating. If the responsible party is unusually willing to settle the claim quickly, then this can also be a sign that the petitioner has a better legal case than they realize. There are a few general guidelines that any injured individual should follow when the possibility of a negligence claim is apparent.
1. Do Not Refuse Medical Treatment
Documentation is important when filing a negligence injury claim. There are times when negligence is not involved, but responsibility is still apparent. It is a mistake for an injured individual to assume that treatment is not necessary if no opportunity for a claim exists. Initial medical treatment by licensed professionals is the type of necessary documentation needed in the prosecution of an injury claim.
If the medical professional recommends a treatment plan after diagnosis, then it is very important to follow that recommendation. Refusing treatment can be used as a material fact in case evidence, lessening potential compensation. This can include actions such as checking out of a hospital without the doctor’s approval, something which can essentially end a claim.
If an accident occurs on public property and it is reported to authorities, then there will be a police report of some kind. All parties involved in an accident can have at least one official copy for their records. This can also help when meeting with a personal injury attorney for an initial case assessment.
Legal professionals like Howell and Christmas, Charleston personal injury lawyers for example, can identify problems immediately in personal injury cases. They also know when multiple respondents may be involved, so a claim may not be as simple as the injured party thinks. It is always a good idea to have a personal copy of all documents pertaining to claims that are being legally considered.
3. Do Not File the Claim Without Legal Representation
All personal injury attorneys take cases on a contingency basis. The legal reasoning behind this helps to keep invalid negligence claims out of court, although some insurance companies will settle small claims because it is cost-efficient when defense time is considered. Failure to retain counsel can also be an indication to the respondent that the case can be beat, even when negligence is apparent.
Personal injury attorneys are in the profession largely to help people navigate the legal system, which can be confusing to the injured novice. Hire a professional and let them determine how to maximize and present a solid case, especially with a serious accident that will last a lifetime. This is especially important in cases involving significant punitive damages.
Never assume that a personal injury claim is merely a compensatory claim issue. There is much more involved than getting the medical bill covered. In claims involving insurance companies, it is advisable to never attempt to deal with the insurance company on your own, without legal representation. In most cases the insurance company will either attempt to settle to avoid the consideration of long-term damages as a result of the injury; or they may decide to wait the injured party out hoping for a lesser settlement.
Blogger Anthony Joseph hopes to share this information with anyone who may be going through this difficult process, in hopes that it may help them in some way. While researching information for this post, he came across the website of Howell and Christmas, Charleston personal injury lawyers, which ended up helping with a few of the facts.
Photo credit#2: http://www.flickr.com/photos/qwrrty/12129159284/