How Can Someone Harm Their Ongoing Personal Injury Claim?
Someone can harm their ongoing personal injury claim in many ways. You say that you slipped and fell at a place but the photograph shows it is a different place. Sometimes you say something happened and then further investigation shows that it did not happen. The person on the other side is always going to look for proof that it happened. The next thing is they are then going to try and say, “Well, what happened is not related to your injury”. For example, you fall coming out of a restaurant and hurt your knee. You go to the doctor and the emergency room and have everything documented. But as things turn out, you had a knee injury last week from a completely different thing. I do not know why people think that their attorney and the other side’s attorney will not find out about these things but they nearly always do.
Even if you have a genuine case and you have just got to be careful not to shoot yourself in the foot, so to speak, by doing something that would jeopardize yourself. For example, if you say, “I cannot go to the gym anymore”, and someone has a video of you going to the gym two days after you say that, it will not be good.
How Long Does The Personal Injury Recovery Process Generally Take To Be Completed?
How long the personal injury recovery process takes to be completed depends very much on your location. In Orange County, the first thing you have got to do is file your complaint, then you have to wait three weeks to get your answer. You have to wait three weeks after that before you can notice the thing for trial moving along as quickly as you can. In Orange County, if I were to do that, it would still be about a year-and-a-half before it would actually come up on the court calendar. In the meantime, we get through various questions and asking for documents and admissions and depositions and stuff like that. You could readily expect at least six months anywhere even if it does not go to trial before there will be any discussion about a settlement. Usually, what happens is both sides get all their discovery of the facts together. Having done that, they may go to mediation. That transfer will take at least six months, and thereafter, if it is not successful, then the trial date is the next date.
What Should Someone Do When They Are Contacted By The Other Party’s Insurance?
You should be very careful and do not tell them anything if you are contacted by the other party’s insurance. They invariably come across as, “I am a nice guy, I want to get this fixed as quickly as possible. I want to get you some money as quickly as possible”. Oftentimes, they ask for recorded statement, but do not give it to them. Their only purpose in doing that is so that they can use anything that you say to their advantage. Even though they may not say that and they may say that they just want to help you out, which is not true.
When they ask for a recorded statement, first of all, do not give it to them and ask them to come through me. I will say, “We would love to get your recorded statement. Just to save time, we’ll do it at the same time as your store manager”. They’ll say, “Well, it is not our policy for the store manager to get recorded statements”. I’ll come back and say, “Well, terribly sorry. But if that is your policy, I guess we will have to go along with it”.
What Defenses Do Insurance Companies Use To Avoid Paying Out On Injury Claims?
Invariably, insurance companies will try initially anyway to lowball you on the amount of the settlement to avoid paying out on injury claims. Their usual defenses are either the injury was not very significant, or whatever their client’s actions or inactions were did not cause the injury. Alternatively, they could say that they do not have any duty to do anything.
Can I Even Afford An Experienced Personal Injury Attorney?
You can afford an experienced personal injury attorney as long as your case is worth some money. Most personal injuries are done on a percentage or on a contingency. If you are awarded $100,000, an attorney will take $30 or $40,000 and you will get the rest. The other thing is if you get nothing, you do not owe the attorney anything.
If you have a decent case, most people can afford a personal injury attorney unless the case is worth a small amount of money of only $5,000, $10,000. If the attorney is probably going to get about $200, then he is not going to take that kind of a case on a contingency. If we are talking about a significant amount of money, $100,000 or $200,000, and he is going to be getting $30,000 to $60,000 then it might be worth doing it.
For more information on Harming An Ongoing Injury Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407)-228-2131 today.