Joe Whitcomb
If you are injured in an accident that was not your fault, it is important to know how to deal with insurance for a personal injury claim so that you retain all of your rights to any compensation you may legally deserve.
Dealing with insurance can be a daunting task at the best of times, not to mention when you are injured. But with the right approach, getting the compensation you deserve is possible.
Here are some tips that can help you navigate the personal injury claim process and increase your chances of a successful outcome.
Basics of Dealing with Insurance Companies After a Personal Injury
- Seek Medical Attention Immediately
If you have suffered an injury, your priority should be taking care of yourself by getting medical attention right away. It is critical for your health and well-being and will help establish the severity of your injuries for the insurance company.
Get a second opinion if you have any doubts about the severity of your injuries or the course of treatment.
Make sure to keep all medical records and bills for all of your medical treatment, medications, or anything else prescribed to treat your injury. This documentation will be crucial for your claim.
- Notify the Insurance Company
Contact the insurance company immediately after the accident or injury occurs. Most insurance companies have a specific time frame in which you must report the incident, so make sure to do it promptly.
When speaking with the insurance company, be careful to stick to the facts and avoid admitting fault or speculating about the cause of the accident. Insurance adjusters are trained to ask questions in a way that can minimize their liability and may try to get you to admit fault or downplay the severity of your injuries.
So, it is important to be truthful but equally important to be cautious and aware of what you are saying.
- Gather Evidence
Gather as much evidence as you can to support your personal injury claim. Evidence can include photographs of the scene, witness statements, police reports, and any other relevant documentation. The more evidence you have, the stronger your case will be.
- Keep a Record of all Communication
Keep a record of all communication with the insurance company. This includes phone calls, emails, and letters. Make sure to document each conversation's date, time, and content.
Keeping these detailed records will help you keep track of the progress of your claim and ensure that you are meeting all the critical deadlines.
- Consider Hiring an Attorney
If your injuries are severe or the insurance company is not cooperating or responsive, it may be necessary to hire an attorney. An experienced personal injury attorney can help you navigate the legal system, negotiate with the insurance company on your behalf, and ensure that you receive the compensation you deserve.
- Be Patient
Dealing with insurance claims can be a long and frustrating process. It is important to be patient and stay focused on your recovery. Do not be afraid to ask for updates on your claim, but understand that reaching a settlement may take some time.
- Be Prepared to Negotiate
Insurance companies often try to settle for less than what you are entitled to. Be prepared to negotiate, and do not be afraid to reject an offer you feel is too low. Your attorney can help you determine what a fair settlement should be.
Additional Things to Consider When Dealing with Insurance for a Personal Injury Claim
From a legal perspective, there are a few additional things to consider when dealing with insurance for a personal injury claim. Of course, these are general guidelines, and it is best to consult with an attorney for advice specific to your case.
Statute of Limitations
The statute of limitations is the time you have to file a claim after an accident or injury. In most states, the statute of limitations for personal injury claims is between one and three years, depending on the type of injury and incident causing it.
It is essential to be aware of the statute of limitations in your state and make sure to file your claim within the allotted time frame.
Comparative Negligence
In some states, comparative negligence may come into play when determining liability and damages. Comparative negligence means that each party involved in the accident is assigned a percentage of fault based on their actions. This can affect the compensation you are entitled to, so it is important to understand how comparative negligence works in your state.
Insurance Coverage
Understanding the insurance coverage of the parties involved in the accident can also be important. For example, if the other driver is underinsured or uninsured, you may need to rely on your insurance coverage to pay for your damages. If you have uninsured or underinsured motorist coverage, this can help cover your expenses.
Documentation
In addition to keeping track of medical records and bills, you should document any other expenses related to the accident, such as lost wages, transportation costs, and property damage.
Detailed records of these expenses can help you negotiate a fair settlement with the insurance company.
It is also a good idea to keep a journal detailing your injuries and how they affect your daily life. This can help provide evidence to support your claim and ensure you receive the compensation you deserve.
Settlement vs. Litigation
Understanding and considering the pros and cons of settling your claim versus pursuing litigation is important.
Insurance companies may settle your claim quickly to avoid paying out a larger settlement later. Therefore, you must understand the full extent of your injuries and damages before accepting a settlement offer.
While settling your claim can be quicker and less expensive, you may receive a partial amount of compensation you are entitled to. Litigation can be more time-consuming and costly, but it may be necessary to get the compensation you deserve.
Hire an Experienced Personal Injury Attorney for Help
An experienced personal injury attorney can help you navigate the legal system, negotiate with the insurance company, and ensure you receive the compensation you are entitled to.
They also can help you understand your rights and options with your personal injury claim, and ensure your legal rights are protected throughout the process.
We invite you to get a free consultation with the Personal Injury Legal Team at Whitcomb Selinsky, PC. Call (866) 433-4116 or simply here to use our convenient online form to tell us how we can help.