Law Office of Christopher W. Caine.

How Can I Help My Personal Injury Claim Following An Accident?

The 2 most important steps following an accident are to contact your insurance company and to contact an attorney. Those are the really important steps. At the scene of an accident you should get a police report, if possible, because you want an official record of the accident. You also need to get the insurance, drivers’ license and registration information from the other party or parties’ involved in the accident.

What Tactics Do Insurance Companies Use To Avoid Paying Out On Claims?

Insurance companies look at the injuries and review the medical records. The insurance adjuster might offer $4,000 but the medical bills, the injuries (damages) warrant a claim for $20,000. That difference in the adjusters’ offer and the actual medical bills and injuries is what is behind the battle with the insurance company. Insurance companies typically undervalue claims from an accident. Typically the adjuster will say that the injuries do not warrant the amount of money that you are asking for. The other battle is liability. The defendant drivers’ insurance company may argue about whether their driver was actually liable for the accident. Typically, insurance companies will battle over the dollar amount of damages and liability.

What Information Or Evidence Does My Attorney Need To Review Before Filing A Claim?

Attorneys need to look at the injuries (medical records), the insurance for both drivers involved in the accident, police reports if available, applicable statutes, whether there are any witnesses and liability before filing a claim.

Does Having An Attorney Involved Tend To Make Insurance Companies Evaluate A Claim Differently?

Yes, having an attorney involved tends to make insurance companies evaluate a claim differently. This is a general rule. People that have been injured in car accidents and slip and falls, when they get an attorney involved, they generally recover more money than they do without getting an attorney involved. Having an attorney makes an insurance company negotiate more in good faith. Without an attorney, the insurance company will minimize the amount that they are going to pay out. They will also try to use the statute of limitations on the claim as a defense. They will argue that the person injured in the accident did not bring their claim in time and they therefore do not have to pay anything.

Does The Threat Of Going To Trial Enhance The Likelihood Of A Larger Settlement From An Insurance Company?

The threat of going to trial is a strategy that both sides use to increase the amount offered or decrease the amount offered in settlement of the injury or injuries. If an insurance company is not willing to make a reasonable offer to compensate the injured person or negotiate in good faith, then their attorney will file a complaint and ready the case for trial. During this process negotiations, many times, are ongoing and a settlement can be reached even though both sides are ready to go to trial.

How Do The Skills And Experience Of An Attorney Impact The Outcome Of A Personal Injury Claim?

Naturally, if the insurance company is aware that you are a litigator and they are aware of your reputation and they’ve been in court with you a few times and know that you do pretty well in the court and they know you do well at trial then it’s going to make them negotiate in good faith. They are going to negotiate more in good faith and try to arrive at a settlement because it’s an expense issue for them. The insurance company doesn’t want to commit the resources and hire the attorneys and commit them to a trial that they might lose or in which they may have to pay out an amount close to the amount that’s being demanded by the injured person.

For more information on Helping Your Personal Injury Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (520) 360-4292 today.

Chris Caine, Esq.

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(520) 389-5634

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