Medical malpractice occurs when a healthcare professional fails to provide treatment that meets a standard of care expected in the medical community. This can include errors in a diagnosis, a treatment, or the management of a patient's medical condition. Medical malpractice can occur anywhere that patients are treated, including hospitals, clinics, and private practices. What […]
Value of My Personal Injury Claim
After arguing about fault, insurance coverage and contributory negligence you eventually argue about the value of your personal injury claim. Unfortunately, there is no book or website which you can turn to which gives you the value of you back, neck, broken leg, or amputation. Valuing your claim is somewhat like real estate in which you look at other comparable cases with similar injuries. Unfortunately, a house is not like a person and every case (like every person) is unique. This is where an experienced personal injury attorney can add significant value to your claim.
Many times people are unsure of how to value their claim. They assume that the insurance company will offer a fair or reasonable amount. Of course, most people realize the insurance company won't offer the full value of their claim but it might be close enough. However, what so many people miss is that there are numerous aspects of your case which can change the value of your case, not just your injury. For example, if the defendant is charged with reckless driving there may be possibility of getting punitive damages or that reckless driving of the defendant rebuts an allegation of contributory negligence.
The first thing our personal injury attorney explains to our clients is that not one person on this planet know how you actually feel following a car accident. So when the insurance company offers you money they are not settling your case based on your injury but on the perception of an injury. What this means is the insurance company is going to review all of your medical records following the accident. They will review it for the type of treatment you receive, what you say to your doctors, even how quickly you fill your prescriptions. Each and every thing that you do creates a perceptions about your injury (and just as important, how you felt).
Many times people fail to protect themselves following a car accident. They fail to act. They fail to look out for themselves and treat their health as the most important thing. Many times insurance companies encourage this failure to treat. Why? Because a gap in treatment is the worst thing you can do for your claim. Think about it.
Imagine you were sitting on a jury deciding how much money to award someone following a car accident in Charlotte. Lets say there were two people in the car. Lets say one of them (Plaintiff number one) went by ambulance to Carolinas Medical Center, followed up with their PCP and then to a local chiropractor for three months, never missing one visit. They also filled their prescriptions the day they were prescribed. Now lets take the other person in the car (Plaintiff number two). Lets say they don't go to the hospital the day of the accident. Lets say they go to an urgent care two days later. Lets say they follow up with a chiropractor as well. They also go for three months but miss every fourth visit or so. This person was also prescribed pain medication but never filled the prescription. Now both individuals testify in court that they injured their neck and back. They both also testify that they were in lots of pain. Who do you think was in more pain? I'd venture to say that most people will say Plaintiff number one. Of course, there is no way of knowing who was actually in more pain but that's the point. There is no way anyone can compare or know how another person feels. It is purely by perception. This is what the insurance company is going to do with you and your claim.
There is nothing worse then going through a car accident, being injured, going through the stress and worry of dealing with doctors, insurance companies, and medical bills only to get nothing for all of your troubles. Compound that with having a permanent injury. The best advice our Charlotte personal injury attorney can give is to treat your health as your number one priority. If you do that, everything will work out fine. You will get the best treatment, get better faster, and ensure that your claim if fully compensated.
To discuss your case please contact us. We will discuss all aspects of you claim from your property damage, injury, settlement, and trial. We don't let our clients speak with insurance companies and it is strongly recommended that you seek experienced counsel instead of contacting the insurance company.
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