Frequently Asked Questions About Personal Injury Claims
I’ve Been Injured In A Collision. What Should I Do First?
Following a collision of any kind, the most important step you can take is to look after your own health. The first thing you should do is to talk to a medical professional, even if you don’t feel pain. In some situations, symptoms of a severe injury may not surface for hours or even days. Delaying medical treatment could also cause problems for your case.
How Do I Know If I Have A Personal Injury Case?
In most situations, four elements justify pursuing a personal injury claim. First, the defendant must have had some sort of responsibility toward you, such as driving safely. Second, you must prove that the defendant somehow breached that duty, such as violating traffic laws. Third, you must show that you suffered significant harm. Fourth, you must illustrate that the other party caused this harm through their actions. Your lawyer will assist you with proving each element.
Will I Have To Go To Court If I Pursue A Personal Injury Case?
While many cases end in successful resolution without the need for a trial, there are instances in which going to court is essential for your recovery. Not all cases can reach an acceptable settlement. You need a trial attorney who will handle your case as if it is going to trial from day one. Insurance companies know and keep track of which attorneys are actually willing to take cases to trial. You need a trial attorney who is willing to take every step necessary to get justice on your behalf.
The Insurance Company Is Offering A Settlement. Do I Take It?
You might hear from an insurance company that is offering to meet you in person with a check to quickly settle the case. This can be tempting, especially if you are facing high medical costs. However, an early offer is likely against your long-term interests. Remember, the adjuster’s job is to minimize the insurance company’s payout. Offering you a lowball settlement to avoid a lawsuit gives them an advantage. Never feel pressured to accept the first offer you receive. Take the time to talk about your case with our lawyers to understand your rights. Even if the insurance company says it is “a one-time offer,” that is never the case.
Should I Give A Recorded Statement To An Insurance Company?
Insurers use recorded statements against claimants whenever possible. Even a seemingly neutral statement can be misconstrued. For example, after a car collision, you may apologize as an automatic response to shock. However, your insurer could call this an admission of guilt. Therefore, you should not give a statement without legal representation. A statement to an opposing insurance company is never in your best interest.
How Much Is My Personal Injury Case Worth?
The value of a case will depend entirely on its details. The severity of your injury, the duration of your treatment, the level of property damage and your medical costs can all affect compensation. The value of a case is a function of time and treatment. There is no simple formula to deciding the value of a case, but an attorney is skilled in evaluating claims.
Why Does Negligence Matter?
Many personal injury cases depend on the element of negligence, meaning someone did something or failed to do something that resulted in injury to another. This failure to act responsibly is often the basis of the entire claim because it proves a need to serve justice. Most personal injury cases arise from sheer carelessness rather than intentional actions to harm another. You can work with a lawyer to prove negligence and build a successful argument that such actions justify your compensation.
Ask Us Specific Questions About Your Case
If our website has not answered all your questions, we welcome you to speak with us directly. Contact our Providence office at 401-308-3596 or complete our intake form to get answers about your situation. The attorneys at D’Alessandro & Wright, LLC, can offer personalized advice for your case.