When a motor vehicle crash occurs as a result of another party’s negligence, and injuries occur, a highway accident lawyer Phoenix, AZ should be consulted, to discuss possible claims and remedies.
Following a car crash, there are many issues that need to be considered, including an investigation of who may be at fault, determining insurance coverage, including liability, commercial coverage, and underinsurance, uninsured motorist policies that may apply.
Liability witness statements may be needed. The involvement of an accident reconstructionist may be helpful to determine speeds of the vehicle, and the perception, reaction times of the negligent driver.
The personal injury attorney will assess how the injuries have affected the injured person’s activities, quality and enjoyment of life. What are the claims for lost income, loss of earning capacity, since the crash, and the future?
What are the medical bills since the collision, and for the future?
If there are permanent injuries what is the injured party’s life expectancy? If permanent injuries are sustained a life care planner and an economist may need to be retained to project future damages. The life care planner will assess the injured party’s medical condition and future medical needs, and prepare a plan setting forth future needs and costs, and future wage loss. An economist can arrive at the present value of future medical expenses and lost income.
Settling a personal injury claim too soon, before sufficient information is obtained about the nature and extent of injuries sustained and future treatment can be very costly. When a personal injury claim is settled the signing of a release is required. No further compensation for damages is payable, the settlement is final.
The injured party should not give a statement to the adverse party’s insurance company. Communication between the insurance company will be handled by your lawyer. A lawsuit may be necessary to attempt to obtain a better settlement. Without a lawsuit, an insurance company may be inclined to not take a claim seriously, and offer too little.
The adverse party’s insurance carrier’s first priority is to itself, not the injured party. The other party’s insurance company often takes the position that its insured may not be fully responsible for a claim, it may delay in investigating, evaluating, paying a legitimate claim, that’s why the involvement of a highway accident lawyer Phoenix AZ soon after a collision, is a prudent course for the victim of a car crash.
Paul Englander is a certified specialist in Injury and Wrongful Death by the State Bar of Arizona and former President of the Phoenix Chapter of the American Board of Trial Advocates (ABOTA).
Will A Pre-Existing Condition Affect My Case?
After an accident, and upon your filing of a claim, the insurance company will begin an extensive review and investigation into what happened. As they take this step you may be asked to sign a medical record release form. This basically gives them the right to review all of your medical records – as long as you agree to let them do so. As a highway accident lawyer in Phoenix, AZ will explain to you, this is not recommended. You should consult with a lawyer before you sign or agree to anything. That said it is certainly possible they will get access to your records anyway, via a subpoena. Eventually they might argue that your injuries sustained in the accident were a result of a previous, or pre-existing, injury or condition.
If the insurance company believes a pre-existing issue has caused or worsened your injuries sustained in the accident, your case may be at risk. It is possible that they will choose to deny your claim or offer a significantly less amount than what you need or deserve.
Keep in mind that even if you did suffer injuries that are similar to those you’ve previously sustained, the insurance company does not necessarily have the right to put the blame on you and your past. That said, you may have to go through extraordinary measures to defend your injury. If you find yourself in this kind of situation, please consult with a Phoenix, Arizona highway accident lawyer.
A good lawyer can access your medical records, reach out to doctors for testimony, and defend you against the insurance company. In these cases it will be important to prove your injury was healed at the time of the accident. If it was not healed, additional defense may be required.
A good Memphis, TN auto accident lawyer can review your medical records, as a doctor to provide testimony, and help to prove that your injury or medical condition was already healed at the time of the car accident. If it was not fully healed, further defense may need to be provided. As your lawyer is building a case that supports your rights and interests, the defendant will be required to show a burden of proof in that your current injuries are directly related with your past injury. They will also likely have their own expert witnesses and testimony. The defense is prone to walking in a fine line because if their own doctors uncover something, like arthritis, that is not in your records, they cannot include it as a previous condition.
The ultimate goal of the insurance company is to turn a profit. In order to accomplish this they limit payouts on claims. If they see an opportunity to pay an amount less than what a claim is actually worth, you should expect them to do so. Unfortunately, pre-existing injuries and conditions is one of the easiest ways to argue their way out of a settlement. You are encouraged to not attempt to fight the insurance company, or handle a situation like this, without a highway accident lawyer in Phoenix, AZ. Lawyer Paul Englander would like to speak with you about your case. Please call our firm now.
Paul Englander Is On Your Side
Legal representation is critical, in assessing fault, getting medical records and evaluating the nature and extent of potential permanency of the injuries sustained. Our highway accident lawyer Phoenix, AZ will attempt to pursue a fair and reasonable settlement for your claims for your injuries, pain, and suffering, disability, medical bills and lost income, since the traumatic event and for the future. Call Paul Englander today.