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4 Personal Injury FAQs

Posted on November 17th, 2020 by Oddo & Babat, P.C.

Getting injured in a car accident can have detrimental effects on your livelihood. You may find you can’t afford the medical costs and damage repairs necessary to getting your life back on track. Filing a personal injury claim is one way to move beyond the accident and your injuries, but you may not know where to start. Here are your most common questions about personal injury claims answered.

  • What Is a Personal Injury Claim?

This is a claim you take out with an insurance company to cover the expenses of your injuries. You’ll have to provide evidence that the accident was directly responsible for your injuries. If the other driver was at fault for the crash, you may be able to file with their insurance for compensation. However, some states have no-fault laws, where all claims must go through one’s own insurance. There may be other complicating factors as well, like if you were partially at fault for the accident or if you don’t have the proper evidence to support that your injuries were caused by the accident.

  • How Do You Prove Your Injuries Were a Result of the Accident? 

It may be tempting to skip out on taking pictures of your damages following the accident or going to the doctor shortly afterward, but these are crucial steps that can help prove you deserve compensation. Failing to see a doctor can waive your compensation, as it may be harder to prove that the injuries were caused by the crash. In addition, taking eyewitness statements, getting a copy of the police and medical report and jotting down your own record of the accident can help in determining fault later.

  • Is the Insurance Company Right in Saying You Don’t Need a Lawyer?

The insurance company will be out to pay you the least amount possible for your injuries. They may try to settle quickly and take advantage of someone who does not know their rights or who does not fully understand how much their claim is worth. An attorney can advise you properly and deal with the insurance company so that you get rightful compensation.

  • Could the Case Go to Trial?

Most personal injury claims settle out of court without ever going to trial. If there are disagreements over the facts of the accident or an insurance company refuses to compensate, then a case may end up in court.

 

Don’t let an insurance company try to take advantage of your situation. Contact a lawyer, like a Memphis personal injury lawyer from Wiseman Bray PLLC, to discuss your claim and see how much it’s really worth.

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