How Important Are Evidence and Witnesses in a Personal Injury Claim?
Evidence and witnesses in a personal injury claim are everything. We have a case now where the insurance company hasn’t accepted liability but it’s a pedestrian accident where he got hit and we are waiting on the police report, which hasn’t been produced yet.
Do You Advise Clients to Keep a Log of Events After Sustaining an Injury in an Accident?
Yes, I advise clients to keep a log of events after sustaining an injury in an accident because memories fade over time. A lot of your injuries will be charted by the doctor, but it’s good to keep a personal log that is dated that will also describe how you feel on a weekly basis; such as if you feel worse or if you feel better, if you have increased pain while trying to complete certain tasks, etc. Doctors will keep a lot of notes on their own and a lot of what we get comes from the physician who has treated plenty of people who have had similar car accidents, but yes, you can keep your own diary because no two people are alike and injuries are subjective in nature. It’s good to include in the log how much time you missed from work so the lost wage forms are accurate. It’s good to keep an inventory for visits and the out-of-pocket expenses involved like co-pays, parking, and over the counter meds. Your notes should line up with your treatment notes and are lost wage information. It helps to have a personal diary for cases that go to trial so you can testify about how you felt at a particular point in time. You are not going to remember as well without writing it down when it happened a year or two prior to a deposition or trial.
How Soon Should Someone Seek Medical Treatment after an Accident?
Someone should seek medical treatment immediately after an accident. Delays may hinder recovery and may reduce settlement offers. Gaps in treatment may also reduce settlement offers. If you take two or three weeks off and then decide that you want to treat some more the offer may be reduced. Delays occur and gaps in treatment occur, and there are
How Long do Personal Injury Cases Typically Take to get Resolved?
Personal injury cases typically take anywhere from three months to six months for a typical soft tissue case to be resolved. For example, if you’ve had an accident or a car crash today and you treat for about a month or two months then maybe a month after you get discharged the case settles. Settlement time depends largely on how long you treat. The longer the treatment time, the longer the case will take to settle. An offer will not be made until treatment is complete. Also, longer treatment results in more records to review, meaning the insurance carrier will take more time to come back with an offer. If the case cannot be settled, then
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