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How to Handle Your Personal Injury Claim

Mark A. Simon April 9, 2020

Personal injury claims can be overwhelming, and oftentimes you might not know what to do. The first step is looking for, and hiring a Denver personal injury attorney. Having to hire a personal injury attorney in Denver is not something anyone really has to do, as it means you have been seriously injured in an accident. However, not everyone who has been injured in an accident will be able to hire a personal injury attorney, as some incidents will not mean a lawsuit will soon follow.

Whether you have been injured in an auto accident or have been hurt during another incident, it’s important to understand the different reasons you will need to hire someone to advocate on your behalf. There are many reasons you will want to hire a personal injury attorney, and it is good to be aware of the most common reasons a person will want to hire a lawyer to fight for their rights in the court of law. Here are the two most important reasons you’ll want to hire a personal injury attorney:

You Were Injured and Insurance Can Cover Your Costs

If you were injured in an accident, one of the most common reasons you will need to hire an attorney will be if the incident also involves some form of insurance. In auto accidents, this is almost always the case, as you will have some form of insurance coverage which will need to be utilized in order to pay for medical bills as well as money for pain, suffering, and other types of damages relevant to your case.

Unfortunately, insurance companies will do everything possible to keep you from receiving the highest possible payout you deserve, making it important to have someone who can advocate for you in a court of law. Often, insurance companies will use every possible tactic and trick in the book to prevent you from receiving the money you deserve. If you end up going it alone without an attorney, it’s very likely you may slip up and say something which can cost you dearly during your court proceedings.

Someone Else Caused Your Accident

In the event you were injured as a result of someone else’s negligence, you will definitely want to hire a lawyer who can help navigate the legal process for you. It’s not just a matter of arguing in a court of law for your best case, as a lawyer will be much more adept at knowing what type of argument and case is needed in order to receive the best possible settlement.

What Not To Do

Recoveries from Denver personal injury often nosedive in value based on the manner in which a patient handles the treatment aspect of the claim they’ve made. Many people don’t realize the risks they take when not following the instructions of their doctor and lawyer to the letter. In almost every case that doesn’t pay out the way it should have, the root of the problem can typically be traced back to something the person did, or didn’t do, in regards to their instructions. The following are just three ways you can ruin your own personal injury case in the Denver area.

Giving Deceptive Medical History – Treatment isn't enough to assure the insurance company will look at your claim in a favorable light. Insurance adjusters look very closely at what your doctor(s) report you are telling them. If a patient tells their doctor he or she has never had much in the way of prior back pain, and intentionally glosses over the spine surgery they had a decade earlier, the patient looks like a liar. Insurance companies can, and likely will, use this example of deception to dominate all aspects of their claim evaluation in your case. Patients who minimize prior injuries, or falsely report prior injury history, hardly ever receive successful resolutions of their claims. Insurance companies always secure prior medical records. You must be honest when giving your medical history.

Over-Dramatic Presentation of Symptoms – Whether you were in an auto accident or this is part of a worker’s compensation claim, odds are good you were seriously hurt. However, patients who still writhe in pain months into their care are going to be seen by even the most compassionate healthcare providers as deceptive. The advice of Mark A. Simon: Play it straight. Your providers know when you're acting it up and they usually write about it in your records. Insurance adjusters pick up these types of notes in your medical records, and they work to your great disadvantage.

Stopping Treatment Early – Getting medical treatment for your injuries is the single most objective way for a client to show an insurance company their level of injury. If treatment is brief, the insurance company will assume that the injury is minor. Smaller injuries means smaller settlement offers. More treatment generally means more meaningful settlement offers. Certainly, we here at Mark A. Simon are not advising anyone to receive treatment when you no longer need to, or if you are not injured. What we are saying is that unless your injuries are minor and less complex, quitting care early is extremely ill-advised.

If you experienced a personal injury in the Denver area, whether from an auto accident or on the job, please seek medical treatment. However, in recovering from your injuries, you must avoid prematurely ending your treatment, providing deceptive medical history, and over-exaggerating your pain/injuries. Give Mark A. Simon a call today if you have been injured.