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What Are People’s Top Three Concerns About A Personal Injury Case?

The top three concerns people have are related to all the negative tort reform propaganda that’s been going on over the last 10 years, and the top one is that a verdict for the plaintiff will raise your insurance. That is always a concern to a juror; they feel that if the plaintiff is awarded damages, the money will translate into higher insurance premiums, which is absolutely not true. Clients in car wreck cases often believe that if they need and seek medical help, their insurance carrier either won’t have to pay the bill, or they may lose their insurance coverage because they actually made a claim; neither of which are true.

Another concern many people have is that, because they’re making a legitimate claim for injuries they sustained due to someone else’s negligence, that it will somehow show as a negative on their insurance record, and that people will look down upon them now that you’re a claimant. These concerns are big and must be addressed from the beginning, so we make it a point to meet with all clients and discuss these issues; to explain the realities versus the myths and misconceptions that people have regarding what happens when you make an injury claim.

How Do You Prepare a Client for a Personal Injury Case?

Initially, we explain to the client that we will try and present the claim without the necessity of bringing a lawsuit. This is done in the initial stages of the claim, after our client is finished with their medical treatment and has been discharged by their doctors. If the negotiation of a settlement doesn’t work and we have to bring a lawsuit, our firm typically sits with the client and explains everything to them and we even have them execute a document saying that we did just that.

When we file suit, not only will our firm be working more and spending more money in their case, but the client will also be expected to participate fully and cooperate with us in bringing this lawsuit forward. We will need the client’s assistance with depositions, discovery and possibly even going to trial, and it may interfere with the client’s time at work and with their families, so if they can’t make the time to do all this, we tell them it’s not in their interest for us to file a lawsuit because it is an uphill battle, because insurance companies, unlike the commercial says, are not your neighbor or your friends and you’re not in good hands. The lawsuit is a battle; it’s time-consuming and it’s a lot of work.

How Long do Personal Injury Cases Take to Resolve?

Typically, after the injured party in an automobile wreck case in which the client seeks hospital and follow-up care with a specialist and perhaps some physical therapy and is finally discharged by medical personnel, the time to present and negotiate the case will be less than 6 months. Substantially larger cases, in which there is a brain injury or another catastrophic injury with a lot of doctors and medical bills and there’s a lot of money involved and we’re litigating the case, they can take about a year or two, sometimes even three, but we make an effort to keep it no more than a year, and that’s the average; without litigation, it’s under 6 months.

What Are Three Unintentional Mistakes Harmful to a Personal Injury Claim?

One is that you’re not going to win any money; we’re going to attempt to get back whatever losses they’ve sustained, and people have to understand is that this process can’t be accomplished without the full cooperation of the client, who needs to meet with the lawyer early on and listen to the lawyer’s advice about what needs to be done to be successful. Many clients don’t do anything initially and attempt to try and help themselves by attempting to handle the case themselves, or they just avoid seeing a lawyer for a while, but the longer they take to do so, the more they prejudice the case, especially if they start entering into negotiations or make statements to an insurance adjuster or defense attorney is done, it’s difficult to undo.

For more information on Top Concerns About Personal Injury Claims, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (305) 985-7800 today.

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