7 Things Every Victim Should Know About Injury Claims

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Whether you’re the victim of a car accident, product liability, medical malpractice, or a severe slip and fall, you are entitled to claim compensation for all damages from the injury. Personal injury law ensures that injury victims receive fair compensation.

Personal injury victims can recover the costs of medical bills, income loss, pain and suffering, loss of enjoyment of life, disfigurement, and more, depending on the individual case and the injuries.

Even so, personal injury law and the claims process are pretty complex. So, if you are claiming compensation, here’s what you should know.

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It’s In Your Best Interests To Consult An Injury Attorney

As mentioned, personal injury law is pretty complex. It can be tricky for any victim to navigate the claim process while recovering from their injuries. At the same time, even the most minor mistake on your part can put your claim in jeopardy.

Instead of battling to learn how to represent yourself, consult an attorney. An expert attorney will build a strong case and ensure you receive maximum compensation. Nevertheless, it’s vital that you rely on the right lawyer. Look for a reputable personal injury lawyer with a great claim success rate.

That said, if you are tempted to avoid legal representation because you are concerned about affording legal fees, keep in mind that you can recover legal fees in your claim. Your attorney’s fees are another cost that stems directly from the injury. Moreover, many personal injury lawyers only receive their payment when their client receives their settlement. As a result, you won’t need to worry about the financial aspect of affording a lawyer.

Your Settlement Can Impact Your Government Benefits

Injury victims often wonder things like “Will my accident case affect my government benefits?” and “How can I avoid lien claims from insurers?”

If you currently receive government benefits like Social Security Disability or Medicaid, your settlement could impact your eligibility to continue receiving these benefits. Moreover, in some cases, you may be liable for a lien with some insurers when you receive your settlement. Healthcare practitioners or insurers can claim their damages from your settlement.

Fortunately, an experienced attorney can structure your settlement with the goal of minimizing these impacts. Be sure to discuss all government benefits you receive with your attorney.

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Immediate Medical Attention Is Crucial

Medical reports are the most crucial evidence in any personal injury lawsuit. The entire case is centred on the physical injuries. If you prolong medical attention, it may create the impression that your injuries are not severe enough to prompt medical care.

Getting to the emergency room as soon as possible will validate your injuries and strengthen your case. Additionally, it’s just as important to follow recommended treatment plans. Avoiding follow-up consultations or treatment will weaken your claim dramatically.

You Must Preserve All Evidence

Medical records, photos and video recordings, witness statements, healthcare practitioner opinions, incident reports, employment records, and insurance policies are all critical pieces of evidence in a personal injury claim.

It’s essential to preserve all relevant evidence so that your attorney can accurately calculate your compensation and ensure you receive a fair settlement. Even though your attorney will conduct an investigation to gather additional evidence, preserving evidence beforehand can speed up this step of the claim process.

In addition to preserving evidence, it’s also wise to document the incident and your recovery. With diary entries and photos of your recovery journey, your attorney will be able to relay your unfortunate experience more accurately.

Austin Residents - How a Personal Injury Lawyer Can Help You After an Accident
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The Statutes Of Limitations

There are time restrictions for filing personal injury claims. If you don’t file within the relevant time frame, you will lose your right to compensation for your damages. The statute of limitations aims to discourage convictions on potentially unreliable witness testimonies, as memories and details of an event can distort over time. With this, the statute of limitations prevents false personal injury claims from emerging years after the event.

However, the statute of limitations will vary depending on the state and the type of personal injury. As a result, it’s essential to consult an attorney as soon as possible. Your attorney will advise the relevant statute of limitations so that you know how long you have to file your claim.

The First Settlement Offer Might Be Low

It’s fairly common for at-fault parties to send a low settlement offer at first. Often, injury victims make the mistake of accepting a low offer simply because they fear they might not receive anything if they reject it. However, there’s a good chance the at-fault party is simply hoping to avoid full financial consequences while steering clear of a court appearance.

Instead of accepting a low offer, your injury attorney can negotiate the settlement to ensure you receive fair compensation. If the at-fault party refuses to afford just compensation for your injuries, your lawyer will represent you in court. Even though the idea of going to court might seem intimidating, you can rest assured that your lawyer has your best interests at heart.

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It’s Best To Stay Away From Social Media

Posting about your injuries, recovery, or claim status on social media can be a devastating mistake for any injury victim. Not only can your posts be misinterpreted, but they can put the outcome of your claim in jeopardy.

You will need to consider privacy, reputational damage, complying with court rules, and potential legal consequences. So, it’s best to stay away from social media or public forums until your injury claim has been settled. However, if you have already posted on social media regarding the claim, it’s best to consult your lawyer for advice.

While you are entitled to compensation if you have been injured due to the negligence of another, it’s essential to know what to expect when claiming compensation. With this, the best decision you can make is to consult an attorney. Your injury attorney will help you understand your rights, how the case will impact government benefits, and ensure you receive a fair settlement.