Getting involved in a car accident is an unfortunate thing to happen. Beyond the physical injury and mental trauma, there are medical expenses that you need to deal with. Further, you may lose your income temporarily or even permanently due to grave injuries. Fortunately, personal injury law comes to your rescue as it offers an opportunity to claim compensation for these expenses and losses. But getting the claim you deserve is easier said than done.
Insurance companies go a long way in ensuring that the victims get minimal compensation and sometimes not get anything at all. Being aware of your rights under this law can help and so can hiring a personal injury lawyer. When it comes to awareness, you should know about the factors that determine the amount of compensation you are entitled to. Knowing about them can help you take the right approach towards pursuing maximum compensation. Let us list these factors for you.
Evidence of Negligence
To start with, the evidence of negligence by the responsible party is mandatory if you want to file a claim under the personal injury law. Negligence refers to cases such as driving while texting or being drunk, where the other party is mainly liable for negligent behavior. If this is the case, you are definitely going to get a claim. In fact, there will be hardly any chances of a dispute while negotiating a settlement. Getting compensation may be tougher if you are partially responsible for your injuries. Still, a good attorney can help you get at least some settlement to cover your losses.
Severity of Injuries
Another factor that influences your claim is the severity of the injuries you sustain in the accident. Simply speaking, the levels of pain and suffering you have to bear due to the injury determine your entitlement to compensation. Also, the compensation value depends on the fact whether the effects of the injury are temporary or permanent. Obviously, those suffering from a permanent injury can claim a larger amount in lieu of lifelong disability and loss of employment. If the injury is less serious, the claim value will be smaller.
While the extent of injury determines the compensation you get, you must have proper records on paper. These are the medical records that show the extent of accident-related injuries and long-term disability if any. Justin Kimball from PreszlerLaw-NS.com explains a disability claim often gets turned down initially, but after taking appropriate measures, the claim can be approved. When it comes to the right measures, the availability of proper medical records is most important.
Timely Medical Treatment
It is critical to seek medical treatment immediately after the accident because the doctor will put the diagnosis on paper immediately after the accident. The earlier you get medical treatment, the more credible your case becomes. This is because insurance companies try to prove that the injuries were pre-existing or happened later rather than being caused by the accident. You can prevent the situation by asking the doctor to record early diagnosis right after the accident. Prompt action in this context can certainly make all the difference.
As a rule, you must lodge a police complaint right after the accident. The police report is an important piece of evidence as it carries key information about the accident. The authorities record the place, date and time as well as the statements of the victim, driver, and witnesses in the report. The entire evidence can be critical for your case as it proves that the accident actually happened and someone else was responsible for it. It strengthens your claim and improves the chances of maximizing your compensation for the injuries.
Actions after the Accident
Don’t underestimate the insurer because they will carry out in-depth investigations for verifying the facts before releasing the compensation. If you fail to check out with a doctor immediately, they will try to prove that the injuries were not serious enough. You may not get the claim value you deserve (or even not get it at all) if they are able to prove the same. They may also check at your workplace to understand the exact nature and extent of your injuries.
Some providers may even go to the extent of knowing more about your lifestyle after the accident. Getting a claim after a car accident requires clear thinking and solid knowledge of the personal injury law.
It is best to hire a professional attorney who specializes in such cases to help you get the compensation that you rightfully deserve. This is an expense that you should willingly make because your future may depend on getting an optimal value of compensation.