If you’ve recently been injured and are in the process of filing a personal injury claim, there are some important factors to be aware of. While this process may be entirely new to you, it’s still vital to become informed about what you can do to increase the chances of success for your case. Unfortunately, there are many things a person can do which will reduce the possibility of victory in court, as well as reducing the overall amount they receive once the case has been decided. Here are some of the mistakes you should make an effort to avoid from your Denver personal injury attorney.
Avoid Handing Over Medical Records Early in the Negotiation Process
While it’s certainly important to be honest throughout the negotiation process, it still doesn’t mean that you have to be overly accommodating to the claims adjuster. Do not sign any medical releases until you are close to the end of your treatment. This is because your condition may change over the course of your treatment, and by providing a claims adjuster with an incomplete medical record, your case may be negatively impacted as a result.
When your treatment is practically complete, that is the best time to release your medical records as it will include all information necessary to paint an accurate picture of your state of health. By allowing increased amount of time and doctor’s visits, you will be able to show a more comprehensive record of what you have had to deal with as a result of the injury, helping you to make the case that you deserve a larger sum of money from pain and suffering.
Always be Honest with Insurance Companies
In the fight to receive the largest possible amount of money from an insurance company, it can be tempting to be dishonest or misleading with an insurance company. While a person may believe that this tactic will help them in the legal battle that is ahead of them, this is certainly not the case. If the court determines that you have been dishonest throughout the investigation process, it will significantly impact the chances of you receiving a higher payout. Additionally, there are legal requirements which make lying to an insurance company a crime, something which you will certainly want to avoid.
Avoid Exaggeration and Using Loaded Terms
Again, it may seem like a good idea to exaggerate your current medical health condition, as you may believe that this will help improve the odds of receiving a positive judgment for your case, but this is simply not true. Claims adjusters have been around the block and have plenty of experience hearing exaggerated or misleading claims from individuals who are aiming to improve the chances of receiving a substantial payout from their case. Instead, it’s a great idea to simply allow your injuries to speak for itself, as a claims adjuster will be more likely to believe your case. Do not underestimate the power of winning the trust of a claims adjuster, as they wield a large amount of influence in deciding how much money you receive.
Additionally, it’s important not to use loaded terms when describing your medical condition to a claims adjuster. If you have been involved in an automobile accident, do not use the term ‘whiplash’, as this can indicate to a claims adjuster that you may not have been seriously injured in the accident, and are simply trying to find anything to help win your case. It’s always the best course of action to stick to the cold, hard facts of the case, and to avoid using legal terms such as negligence or any other word which can have more legal implications than you are initially aware of.
Do Not Provide More Personal Information than is Required
Throughout the course of your case, a claims adjuster will likely attempt to gain as much information about your background as possible. They may attempt to ask you for your social security number, a piece of information which is actually not necessary for them to determine your personal injury claim. It is always a recommended course of action to consult with a qualified personal injury attorney prior to answering any questions from a claims adjuster. An attorney can help inform you of what questions you are required to answer and what course of action is preferable in order to gain the upper hand.
A claims adjuster may also ask you to provide contact information for friends and family members as a way to elicit more information regarding your background. Unless these people have been directly involved in your case as a witness to the event, you do not need to provide this information as a claims adjuster may be trying to gain information which can be used to deny your claim.
Refuse to Give a Recorded Statement
If you are speaking with the at-fault party’s insurance company, you should never agree to provide them with a recorded statement. The exception to this would be if you had a personal injury attorney present with you as a way to guide you while you provide your statement. Claims adjusters are expert in the area of conducting interviews, which means they are adept at framing your answers in a way which will benefit the insurance company. Recorded statements can become damning evidence in a court of law, as your attorney will not be as able to defend your statements. You are not required to provide a recorded statement, so it is always advisable to avoid giving one throughout the course of your personal injury case.
Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.