KILLHAM LAW

How Should Someone Deal With The Other Party’s Insurance Company?


When the accident or the injury first happens, and the police are involved, the client should completely cooperate with the police. That being said, be cautious about people other than the police requesting any kind of statement, especially an insurance company. They may not be looking out for your best interests because a statement that a client makes could be used against them in a lawsuit. If at all possible, seek the advice of an attorney before giving or making any kind of statements to a 3rd party.

What Are The Factors That Constitute A Viable Personal Injury Claim?

In order to determine the viability of a personal injury claim, you need to ask a few basic questions. First, did you suffer a personal injury and not just property damage? Were your injuries caused by the negligence of another person? Do you have any recoverable damages? If you answer yes to all of these questions, you may be able to get financially compensated by filing a claim for a personal injury in court. However, there are many different factors that affect the outcome of any personal injury lawsuit. In order to bring a personal injury lawsuit, you have to have suffered a personal injury to yourself—your body, your mind, your emotions, or your wellbeing. The damage doesn’t necessarily have to be physical.

Property damage is something separate. It is an injury to your belongings, but it is not an injury to yourself. There may be a remedy available for property damage as well, but that’s not a personal injury lawsuit. In a case where the injury is caused by the negligence of another, if that person is careless and their manner causes an injury to another person or an entity, they would be legally responsible for the injury, and any resulting harm that they’ve caused to another person under the negligence theory. If somebody was negligent, then there are additional items or elements that must be proven in order to be successful in that type of claim. The person or entity must have had some form of legal duty to act a certain way towards another person. They have to have breached that duty, by acting or failing to act in a certain way. Those actions have to have caused that injury, and the other person actually has to have suffered damages as a result. There are many factors that come into play to see whether a claim is viable or not, and those are some examples of when it is and when it isn’t.

How Important Are Evidence And Witnesses In A Personal Injury Claim?

Evidence is extremely important in any personal injury case. It’s important to preserve any evidence, and take any witness statements or get in contact with witnesses to obtain their statements. Doing this as soon as possible is best because we all know that as more time goes by, a person’s memory fades. The best time for someone to recall these events is right after it happens. Because of this, it’s very important to obtain evidence and to preserve it and any witnesses who observed the injury.

Do You Recommend That Your Clients Keep A Journal Or Log Of events After The Injury?

I always advise my clients to keep a diary of everything that happens, especially what they remember of the accident itself, and the dates and times of any doctors they’ve visited. As your attorney, I will need that information, because it is part of their claims process. The client would be entitled to reimbursements of any money expended as a result of the injuries caused by another, and I want to ensure that my clients are totally reimbursed for their injury. Because of this, I try to make sure that they keep track of all the events related to the accident.

How Critical Is Getting Timely Medical Treatment In A Personal Injury Case?

Any person who is injured should seek medical treatment or medical help immediately because of course medical professionals should treat injuries. If you wait too long for treatment, the injuries could get worse over time. In some cases, if you wait too long for treatment, then that would bar any recovery in a personal injury claim. The sooner a person seeks medical treatment, even as a precautionary measure, the better. It may be that 2 weeks is too long, or it may be that 30 days is too long, and the insurance companies may try to say that the injuries are not linked to the accident. That is why you want to seek medical treatment immediately, in order to create that link between injury and accident. Other injuries that may not seem to be apparent immediately may be a result of that accident as well, but may not come out until later.

So you always want to seek medical treatment even as a precautionary measure, so that it is documented and a part of your personal injury claim.

For more information on Dealing With Insurance Companies, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (623) 428-8203 today.

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