How Can I Help My Personal Injury Case?
Take These Steps After a Car Accident, Slip and Fall, or Other Personal Injury Case
Nobody expects to be in an accident. Unfortunately, an accident can happen in a split second, often times when we least expect it. That’s why, when an accident happens, you are often left unprepared and wondering what to do after.
In an ideal world, the other person who caused your injury would automatically pay for the damages in your accident. All of us hope that the other person is at least insured, and that their insurance will step up to pay for the accident.
The problem is that the other party’s insurance, oftentimes, fails to take responsibility despite what we all would hope to see. Unfortunately, insurances are businesses and, at the end of the day, they are focused on their own losses. Because of that, they are reluctant to pay out on a claim a lot of times. Maybe you have previously experienced this already if you have dealt with an insurance company at some point or another. If you have, you know what we are talking about.
Denial of Insurance Claims
Even when you strongly believe that the other party caused the accident, the insurance may still claim that their client was not at fault, or in other words, that he or she didn’t cause the accident. You may hear this phrased as “denying liability”, “disputing fault”, or something similar in the insurance world.
Other times, the insurance may contend that, even if the accident was their client’s fault, they are still not accepting your damages or injuries. This can be called “disputing damages” or “contesting damages” in some instances. It means that the insurance still doesn’t believe you were injured or damaged even if the accident was their fault, or other times, that you weren’t injured or damaged to the extent you claim.
Regardless of how the insurance terms their denial, or why they ended up denying you, the result is still the same. At the end of the day, it may mean the insurance is unwilling to pay for your accident, or that they are not willing to pay you for your full damages.
Sometimes an experienced lawyer can help you continue negotiating with the insurance, even if your claim is denied for any of these reasons. Other times, even the best lawyer may not be able to budge a stubborn insurance adjuster who is insistent on denying your claim. In such instances, the only option may be to proceed with a lawsuit if you are not wanting to settle for what the insurance has to offer.
So, what can you do to help your personal injury case, and to make sure you obtain the best result? Follow these suggested steps for some of the ways you can help your accident case.
Find a Lawyer for Your Personal Injury Case
You may likely need to hire a lawyer to help you in your personal injury case. Although you may believe that you can handle your accident case on your own, you may not have the experience in dealing with insurances and navigating the legal world, especially if you end up having to file a lawsuit. But even if you ultimately don’t file a lawsuit, or before you do, an experienced lawyer is still the best person to help guide you and advocate on your behalf.
There are many issues if you end up trying to handle your accident case on your own. For starters, you likely will not have the experience in handling your claim. You may not know what to do because of that since you haven’t been through the process. How do you initiate an insurance claim, what should you say to the insurance, how do you get medical treatment, who will pay for your medical bills, etc. These are all questions that you are probably wondering about.
Or what happens if the insurance does deny your claim? What if the insurance denies some or all of your damages? What if the insurance makes a settlement offer, how do you know whether to accept the offer? Or how should you go about negotiating a better settlement offer from the insurance?
As you can see, these are all questions an experienced attorney in personal injury may be the best in guiding you. Getting an expert attorney is the best way to help your accident case.
Be Careful in Providing an Insurance Statement
Another issue that may come up is a statement to the insurance carrier. Usually, you may end up reporting the accident to the other party’s insurance, or their insurance may reach out to you about the accident. The question we end up seeing is what do you say to the insurance? This is definitely something important to consider.
It certainly helps again to have an attorney by your side when you talk to the insurance. As you can imagine, whatever you say to the insurance will likely end up being recorded or transcribed. The insurance may then end up using against you anything that you may have said in your statement.
Sometimes you may not have fully realized your injuries. We have seen this many times. You may be feeling fine, and so you may tell the insurance something later that you’ll regret. Keep this in mind. Once again, an experienced attorney on your side should be able to help you. You will need to convey your issues accurately and in a way that won’t hurt your case. A good lawyer should know how to help you with your statement to the insurance.
Evidence to help Your Case, Like Photographs and Statements
Another thing that you’ll want to do is keep evidence of everything that happens. At the scene of an accident, take photographs of the other person’s driver license and insurance information if you’re involved in a car accident. Take photographs of the vehicle damage to document the evidence as well in a car accident. If there is a police report, make sure to make note of that so that I can later be obtained. If there are any witnesses, get their information as they may later help your case.
The same applies to a slip and fall accident or other personal injury case. You’ll want to take photographs of what caused you to slip and fall, or trip in fall. See if there is any incident report, because that may help your case as well. If you provided a statement or an incident report was made, ask for copies of those documents. Did you find out if there were any witnesses? You’ll want to get their information too.
Everything and anything you can gather can potentially help your case. So you want to make sure that you gather all this information to help make your claim.
Document Your Medical Treatment or Other Damages and Get Medical Help if Needed
If you are injured or you suffered damages, then you will want to make sure to document all your injuries or damages. If you suffered medical damages, make sure to remember what doctors or medical providers you have seen for your accident. You’ll want to provide this information to your attorney (if you have one) or the insurance company
If you incurred other damages, like property damage (damage to your vehicle for example) or lost earnings (loss of time from work), it is important that you document these damages as well.
You’re most likely looking to collect on these damages, or else you wouldn’t be making a claim. Making sure that you are getting medical or other documentation for your case will be important.
You will probably also need to seek medical attention if you need it. Any delay in seeking medical attention and seeing the right doctors, could hurt your case. This is something else to consider. Again, a good attorney can direct you on the right path to make sure you see the right medical doctors that you may need for your case.
What Should You Do if You Have a Personal Injury Case?
If you’ve been in a car accident, slip and fall, or other personal injury case, make sure to follow these important steps among others. Since this article can only cover so much, it very important that you do not solely rely on this information. You should consult with an attorney to make sure you take the best steps to help in your case.
Local San Diego Personal Injury for Car Accident, Slip and Fall, and Personal Injury Cases
At The Nalan Law Firm, PC, we know firsthand the issues you’re dealing with after a car accident, slip and fall, and personal injury cases; and in having to fight against the insurance company to recover your damages. That is why our lawyer is here to help with your car accident, slip and fall, and personal injury case. If you have a question or are considering filing a car accident claim or lawsuit, please contact us to discuss with one of our experienced accident attorneys at (619) 736-0080 for a free consultation.
Any content and information provided by this website and/or The Nalan Law Firm, PC is for informational purposes only and is not intended to be legal advice or a substitute for competent legal counsel. Any exchange of information contained in this website, is not intended, and does not establish an attorney-client relationship.