Sustaining severe injuries in an accident can be traumatizing, if not life-threatening. The cost of treatment alone can be a great source of stress. If in the unfortunate event you find yourself injured in an accident, the following facts about catastrophic injury cases and claims could be of great assistance.
1. Out-of-Court Settlement Saves Time and Money
If it is possible, an out-of-court settlement is the most ideal. Court cases can be lengthy. Rather than sit through lengthy sessions of court proceedings, if the claims company is willing to meet your demands out of court, that would be a less traumatizing option. An out-of-court settlement can save both parties a lot of money and time. This is perhaps why only a limited number of personal injury cases end up in court.
2. Medical Records Are Vital in an Injury Claims Case
It is important to keep all your treatment-related records and receipts as these will later be used to determine the kind of compensation you will receive. Keep all the medical files, including x-rays, scans, etc., as these will act as evidence of the extent and severity of your injuries. Any claim for compensation must be backed by supporting evidence.
3. Personal Injury Law Covers all Manner of Accidents
Despite the fact that injuries incurred during motor vehicle accidents constitute the bulk of catastrophic injury cases, the law covers a wider range of injury-causing accidents. For instance, if you suffer an injury at work because of your employer’s negligence, you can sue for damages. Other instances include injuries arising from consuming defective consumer products, wrongful death or dog bites. All these and many other instances may be justifiable grounds for lodging a catastrophic injury claim.
4. Settlements Provided by an Insurance Company Are Not Always Fair
Insurance claim adjusters always aim to pay as little compensation as possible. They will try as much as possible to discredit your claims for compensation. Sometimes they will attempt to prove that the injuries you suffered were caused by something else and not the accident in question. You will need to hire a competent accident lawyer who will ensure that your claim is not undervalued. An undervalued claim can leave you financially crippled, especially if you are unable to work as a result of the injuries.
5. Each Case Is Unique
Although there are some standard procedures and processes that are common to all catastrophic injury cases, each claim is unique in terms of the injury type, what caused the injury, among other factors. Some of the cases may be concluded quite quickly, while others may drag on for years.
While you may be tempted to take the first offer you receive due to the mounting medical bills, always seek the advice of your attorney before accepting it. Your lawyer has handled cases such as yours before. They understand the challenges ahead better than you do. They also know what an appropriate offer should look like. Listen to their advice.
6. Evidence and Time Taken to Lodge an Injury Case Are Important
If the accident caused the death of a loved one, consult an attorney as soon as possible. You have limited time to lodge a claim and seek compensation. The law prescribes a set time within which such a claim should be lodged. In some cases this could be up to three years from the time the accident occurred. Consult your lawyers as soon as possible after the accident for advice on the best way forward. It is also important to compile as much evidence about the accident as possible. Every claim must be supported by direct or circumstantial evidence.
7. Compensation Should Be Comprehensive
The cost of medication can be extremely prohibitive. It is important to keep a record of all medical costs from the time you start seeking treatment for an accident-related injury. Whether the claim will be settled one year later or within a few months after the accident, keep a log of all your injury-related expenses. Compensation should consider your pain and suffering, and all your medical expenses.