When people hear the phrase “personal injury claim,” most have at least an idea of what that means. The common understanding is that if someone gets injured, they then have the right to file a personal injury claim against the person that caused the injury.
While this is true, a personal injury claim can cover much more than just a physical injury. This post will go into both the common and uncommon scenarios for when to file for a claim and when to get an attorney involved.
Common Claims
Car accidents, medical malpractice, and slip and fall accidents are the most common and oftentimes the easiest claims to file and win.
In these scenarios, it is often very easy to prove that an accident happened. There is also a clear blueprint with thousands of others who have gone through the same experience. Generally, after the injury takes place, the victim will get the contact information of the person or company that was responsible.
Other common claims include for assault, animal bites, construction, and workplace accidents.
Less Common Claims
Less common claims often have to deal with injuries and accidents that aren’t regular and can then be much tougher to deal with when it comes to filing a claim. Examples of this are a careless fall/mistake, waiver related injuries, and bike accidents on a trail.
In these types of cases, more evidence and a very clear story/scenario is essential in order to get a good claim paid out. Taking pictures and gathering evidence is always wise, regardless of whether it’s a common claim or not, but especially in the less common scenarios where an insurance agency or judge may not have an exact ‘blueprint’ to follow, the evidence helps.
When to Get an Attorney Involved
The answer for when to get an attorney involved is a gray area. Unlike other kinds of claims, it isn’t simple to prepare or become familiar with the ‘what if’ scenarios that are often involved in a personal injury claim.
For some, it may seem like the obvious choice and decision to get an attorney immediately following an accident. For others, they want to see what the insurance agency says first. Neither one is correct or wrong in thinking this.
As a general rule however, the uglier the situation gets, the wiser it is to at least consider seeking out the help of an attorney who specializes in personal injury claims. Think of it as a car repair. Maybe you feel comfortable changing a tire, checking the oil, or even changing a headlight, but how about replacing a timing belt or fixing an engine?
One of the areas where having a professional disability lawyer can help out the most is with future expenses and losses. If an injury causes someone to lose their job, have a disability, or have to change roles, an insurance agency may fight the amount owed in the settlement. An attorney will be able to fight the agencies and help get the most possible.
Be Ready to Negotiate
The insurance agency is going to want to negotiate an agreement. Very rarely is the first offer going to be the best that they are willing to do. Remember, they are businesses as well, and every dollar that they spend to cover a personal injury claim, they are losing from their own profits.
Negotiating can be a long and difficult process, however it is an essential step to get the best claim. This can be another scenario where a lawyer can be helpful. Working with insurances and knowing the tricks to get the most money is one of their specialties.
More than anything, if injured, the victim should never feel like they are being taken advantage of. Getting hurt, especially when it is someone else’s fault, is already a tough position to be in. Getting what the injury is worth is the only way to in a way make amends.
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