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When to File a Claim for Injuries after an Accident |
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In order to protect your right to fair compensation you will need to file a personal injury claim. There are several items to consider when filing a claim against injuries after being involved in an accident. It is extremely important that you do the following in no particular order.
*If you have been severely hurt in an accident, we recommend contacting an attorney to assist you in this process.
1- Before talking to the other person's insurance company it is always wise to seek advice from a practicing attorney. Whether you are planning on handling the claim on your own or hiring legal representation, an attorney can provide you with valuable information on what to say and not say to the other insurance company.
2- You should write down as much information as possible of what happened before, during and after the accident occurred. This information should include how the accident occurred, who was at fault, what happened after the accident occurred, who contacted the police etc. You will also want to write down in detail how the accident affected you. You can include injuries, loss of wages, medical expenses and other information directly related to the accident. Include notes on conversations you've had with the other people involved in the accident.
3- Request a police report and ambulance report
4- Request all medical reports
5- Collect as much physical evidence as possible. This may include photos of the accident, photos of the scene of the accident and names of witnesses.
Preserving as much information as possible can only help you along the way. When you begin assessing the value of your case you must keep in mind the other persons insurance company does not have your best interests at hand. They may seem as if they are trying to walk you through the process and in the meantime they are building a case against you.
We recently were contacted by a client that was searching for pre settlement funding for a car accident. The client was involved in an automobile accident in Delaware. An SUV rear ended her vehicle and as a result it totaled her car. She was rushed to the hospital (she was unconscious) where she spent the night for tests. The tests came back negative however the doctor recommended she take a few days off from work. The doctor also informed her that she may begin feeling pain several days or weeks after the accident.
The next day the other person’s insurance company contacted her regarding the accident. Not fully understanding her rights she stated she felt fine. The insurance company immediately offered her $5000.00 to settle her case. This money was to pay for her vehicle and visit to the hospital. While she felt like it was a fair offer she decided to search the Internet for additional information on fair settlements. She stumbled across an article from LawLeaf regarding the tactics insurance companies play in hopes of a quick settlement offer.
She immediately contacted a personal injury lawyer in Delaware and explained her case. The initial offer was much too low. They never included her expenses for damaged property (Blue Ray, IPOD and other items in the trunk that were destroyed). They also didn't consider her loss of wages in the settlement offer. The attorney informed her that while she feels fine right now she should wait a few weeks before taking the money. She immediately contacted the insurance company and made the mistake of discussing her conversation she had with the attorney. They decided to offer her an additional $1000.00.
Around the same time she began feeling pain in her neck and upper back. She immediately went to the doctors and was sent back to the hospital for additional testing. The tests came back positive. The client is now going through rehabilitation and as a result has been out of work for close to two months.
If the client would have settled the case, the insurance company surely would have not paid for the ongoing expenses and loss of wages. While the client made the mistake of speaking with the insurance company she also did the right thing by consulting an attorney.
As a result the client’s last offer was close to $50,000. The client is still going through rehabilitation and it’s expected the offer will continue increasing. Client was approved for a pre settlement advance against her case. Related Articles: |
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