What Things Are Commonly Used Against Personal injury Claimants?
Insurance companies are notorious for what we like to call fishing expeditions where once a person becomes a claimant, that insurance company takes that claimant’s information and begins to investigate that claimant’s life story. They will investigate whether or not the client had any prior accidents, any prior injury claims and any prior medical treatment. They will question whether the client was legitimately injured if there is a delay in the commencing of treatment for the incident at hand. If there is a lapse in treatment, they will argue that the injuries are not that severe because the claimant failed to be consistent with their therapy.
In motor vehicle accidents, it is very common for insurance companies to argue that the amount of the damage caused to the vehicle does not correlate to the injuries of the occupants inside the vehicle, which is completely not true but it is argued repetitively. Also whether or not any citations at the scene were given, any statements given to the insurance carrier initially after the accident, if they could find anything at all that they can use against you to minimize your claim and your damages, they will. That is another reason that is incredibly important that before you speak to an insurance company that you look for a lawyer to help you and guide you and consult with prior to any conversations such as that.
Can Something Derail An Entire Personal Injury Claims Process?
The one and only thing that a client can do to derail a case and convince the attorney to not pursue is lie. The active lying completely obliterates any potential of obtaining a fair settlement in a case. There are different ways that clients are not truthful and sometimes they do not do it on purpose and sometimes they do it on purpose thinking that they are going to be helping with the case. Aside from lying, failing to disclose prior medical information is incredibly difficult hurdle to overcome if that happens, because when you fail to disclose prior medical information to the attorney, you usually end up failing to disclose that information to your treating doctors as well.
All treating doctors that see anybody for the first time always ask for a medical history. In that medical history, it is very important, and that is why you have to talk to the lawyer before you even go to the doctor because you may say, “I don’t think it’s important but I tell you that I broke my ankle and I’ve had ankle pain 10 years ago”. If you are getting a medical history and you miss out on anything with the doctor and doctor’s going to write a report and then they discover that in the future, it presents all kinds of hurdles that the lawyer now has to overcome. It is difficult enough without misinformation and disinformation to obtain a fair settlement. Once the insurance company believes that you are not being completely truthful, it becomes incredibly difficult, almost impossible.
The Best Plan Of Action To Resolve A Personal Injury Claim
The initial interview within the first forty-eight hours of any incident is incredibly important for our firm to be able to ascertain, determine and investigate all the factors of the personal injury case in a very quickly, diligent manner. The evidence in these cases, the witnesses that see these cases, all those things happen very quickly. When there is a delay in getting a good legal representation, it may prejudice you down in the future. For all the reasons that I have stated in this conversation, it is incredibly important that you seek legal help and you do not wait to seek that help as soon as possible.
For more information on Things Used Against Personal Injury Claimants, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 985-7800 today.
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