Knowing How To Handle A Personal Injury Case

Posted by Paul Myers on June 25, 2011 under Personal Injury | Be the First to Comment

Personal injury is caused by another’s failure to use reasonable care, resulting in pain and suffering. Medical treatments, and the bills that come with them, may be emotionally, physically, and financially disastrous. Understanding insurance company obligations, as well as knowing when to

seek legal representation, will help PI victims to recover the funds that they need, to pay their bills.

Insurance companies may not refuse to pay because of pre-existing conditions. If the injury aggravated a pre-existing condition, then the insurance company is responsible for the bills. In addition to medical bills, insurance companies must pay out-of-pocket costs, such as transportation to and from a doctor’s office. Insurance companies also must compensate for time missed at work, for pain and suffering, and for other general damages.

Victims should be cautious when communicating with the other party’s insurers. Providing identifying information, like addresses, and names, is generally acceptable. However, providing information about the facts and circumstances surrounding the accident, is not a good idea. Some claims adjusters will be congenial, and fair, while others will be aggressive, and will deliberately try to confuse the victim.

Damages are hard to quantify until all therapies are completed. For this reason, damages should not be estimated until victims have completely recovered from their injuries, as long as the statute of limitations isn’t violated. Victims should also remember that the car doesn’t have to be severely damaged, for injuries to be severe.

A lawyer may be helpful in serious cases. If the victim’s injuries are severe, or the at-fault party is uninsured, or underinsured, then a victim may need help recovering damages. If the insurance company disputes which party was at-fault, or handles any part of the claim unfairly, then an attorney should be the next step.

Attorneys usually start by offering a free consultation. Most PI attorneys work for a contingency fee, meaning that they take a percentage of damages, if damages are recovered, and take nothing, if no damages are recovered. Many states limit the percentage of damages that an attorney may collect, and clients should consult their local consumer affairs office for more information.

Dealing with a personal injury, which happens based on the negligence of someone else, is often painful and frustrating. Victims should know the responsibilities required of insurers, and should consult an attorney if negotiations turn sour. Most PI attorneys will only collect a fee if the victim collects damages, which makes hiring an attorney a logical choice, in severe cases.

For more information on personal injury visit Legally Confused, the specialist claims management company.