The first thing you should do to help your personal injury case would be to document any evidence. That means if it is a motor vehicle accident, take photos of the damages to both vehicles, and take pictures of any cuts, bruises, or other injuries that are visible. If it is a slip and fall, take photographs of the defect, or the area that caused the fall. Secondly, always seek immediate medical attention for any physical complaints so they are documented, and follow the advice of all medical professionals.
What Are Some Defenses Insurance Companies Use To Avoid Paying Out On Claims?
The first line of defense would be to claim that their client, the insured, is not negligent, whether it is a motor vehicle, or a property damage case. They may say that their driver was not driving carelessly, or the property was not hazardous, or defective. If they cannot prove that, they will argue that the plaintiff was negligent himself or herself in some way. We must show that in operating their vehicle, or in the way that they were walking across the property, they are responsible. Finally, they would argue that any damages or injuries the plaintiff claims had happened before the particular accident or were not otherwise caused by their negligence.
What Information Does My Attorney Need Prior To Filing A Claim?
We would need all the information on the identity of the defendant, or the property in a slip and fall case. We need to research the defendant, and see if they have insurance, and if so, how much coverage. We would need to know from all the medical records the extent of the injuries, and the amount of the recoverable medical bills, and from talking to the client, the ways in which the injuries have affected their life.
How Can I Help My Attorney In Garnering A Favorable Resolution To My Claim?
The most important thing in helping your attorney with your case is to make sure that all injuries are documented, and that they are treated, and you follow your doctor’s advice.
Are Medical Bills Always Going To Paid In Full In A Settlement?
Usually, any outstanding medical bills do have to be paid back, and that of course factors into all settlement negotiations. However, we can still achieve a favorable outcome even after those medical bills are paid.
Should Someone Pay Medical Bills As They Come In Or Wait For A Settlement?
It does not make that much of a difference. If someone has health insurance, the bills should be submitted for payment, but any bills that remain unpaid at the conclusion of the case will have to eventually be paid.
Does Having An Attorney Make The Insurance Companies Evaluate The Case Differently?
Having an attorney definitely makes insurance companies evaluate the claims differently. Insurance companies believe that they can get one over on injured individuals, and that is why they sometimes try to reach out to them before an attorney becomes involved. The insurance companies believe that injured individuals will not understand the full amount of damages they are entitled to, so they try to talk with them before those individuals retain an attorney.
Does The Threat Of Going To Trial Induce A Change In Insurance Company’s Attitude?
Going to trial depends on the facts of each case, and the identity of the insurance company. Some companies are more reluctant to let a case go to trial than others. All insurance companies, if they feel they have a strong defense, will take the case to trial. Some companies will bluff, and fold at the last minute before trial. It really all depends on the case.
For more information on Helping Your Personal Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (215) 569-1212 today.
