Facts play a huge role in every personal injury case and fault is a major component.
Questions will be asked the insurance company such as, “Who caused the accident? Was there ice on the ground? Was the injured person looking at the ground? Was he paying attention? Is it really her fault because she had high heels on and there was a patch of ice?”
On the side of the injured person questions will be asked such as, “Did the injury occur because the property owner was negligent in not cleaning off the ice off the sidewalk? It was their responsibility and their duty to do so and the fact that they didn’t is resulted in the injury. Who is really at fault here?”
Every case is different and facts are important. It’s really hard to make a determination on a case without looking at all of those facts and that’s what makes it somewhat complex.
If all of the evidence points in favor of the injured person such as the police report is very clear, there is no ambiguity and the other person admitted to being responsible that can make it a very easy process. Unfortunately that does not usually happen. There is always some type of difficulty to these cases, which is why everyone should have an attorney by his or her side to assist. There are some complexities that most people just don’t see because they are not trained in this area. With an experienced attorney an injured person usually will get around three-times the value of the case versus going it alone. Additionally even if someone doesn’t think he or she has a strong case, it is always best to consult with a personal injury lawyer for an evaluation.
What Are The Top Misconceptions About Working With A Personal Injury Attorney?
One common misconception people have regarding working with a personal injury attorney is that there will be some sort of windfall from a case. That doesn’t tend to be the case unless someone is paralyzed or suffers extreme injuries as a result of an accident caused by someone else. Most of the time if the case involves a minor injury there is not going to be a huge payout.
The other misconception regarding personal injury cases is that everything will happen quickly. Often people think they can just go into an attorney’s office and walk out with a check. It just doesn’t work that way. It usually takes months, sometimes years before a case can be settled or taken to trial.
Before a case can be settled the injured person must be in a stable condition, meaning that he or she is not going to get any better physically. There are a few exemptions to that, but essentially the individual has to be done treating with his or her doctor. If someone is still being treated, a case can’t even begin to be settled because there is no idea on the total amount of medical bills as of yet. This is one of the reasons these cases can take time to be resolved.
One other misunderstanding people commonly have regarding personal injury process is the idea that something constantly needs to be happening in the case; whether it’s a lawsuit or a case that actually will be settled. Sometimes it’s just simply waiting that needs to be done. It takes time to go through the ongoing treatment, waiting for an insurance company to respond or simply because of the natural process and scope of things.
How Should Someone Deal With The Other Party’s Insurance?
When dealing with the other party’s insurance company, the injured person should never give a recorded statement without an attorney present. Whenever someone is being asked questions by an insurance company usually there is an ulterior motive; to not pay out, shift blame, etc. They will ask loaded questions or trick questions to get the person to say things he or she may not really mean. They can also use terms or words that he or she may not understand or that have a different meaning under the law.
Anyone who speaks to the other party’s insurance company needs to have an attorney present when giving a recorded statement to ensure that the recording is going to be accurate and correct because it can come back and hurt the case in the end.
For more information on Filing A Personal Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 876-5875 today.