What Factors Determine The Viability Of A Personal Injury Claim?
To have a personal injury claim where I can actually recover money for you, the first thing that you need to show is that you were hurt and it was someone else’s fault. I have to be able to establish that someone did something wrong that caused you to get hurt. Next, I need to establish causation and this is what causes problems for many cases. Often, someone will get injured in a car accident. They will have had no problems before that car accident, then they will get an MRI because of back and neck pain and the MRI will show that they have a degenerative condition in their spine, which is true of just about anyone over the age of 30. What you’ll hear from the other side is that the ongoing pain you are having in your neck and back aren’t because of the car accident, even though you were just fine before the accident; they are because of the degenerative condition in your spine.
They will fight you on whether the ongoing pain was caused by the car accident or the pre-existing problem. Many times, I still recover money for these people, but the more pre-existing issues that someone has, the more difficult a case can be. We also have to show what the damages are. We need to establish what the medical bills were and what they are going to be in the future. That requires a doctor reviewing the case to make a determination as to what a plaintiff is going to need. Then, we look at lost income. People will typically have to take time off from work. If you are a small business owner or work on commission, it becomes complicated. All of these are factors that go into how possible it is to get a case resolved.
How Soon Should I Seek Medical Attention After Being Injured In An Accident?
It’s a good idea to seek medical attention right away, if you’ve been hurt. The insurance company is going to take what you say with a grain of salt. They are going to rely on what’s in your medical records and the only way those medical records get created is by you going to seek treatment. If you seek treatment right away, the insurance company can’t complain. The longer you wait, the more of a problem it becomes. If you are in an auto accident and three months later you go and see a doctor about back pain, the first thing you’re going to hear from the insurance adjuster is that, since you sought no treatment for three months, this couldn’t possibly be related to the car accident. It becomes much more difficult to prove, the longer you wait.
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