We see it all the time. Someone calls our office. They were hurt. They weren’t at fault. The insurance company is refusing to pay. They need help. “When did the collision happen?” we ask.”
“Six months ago,” they say. Immediately, we know why the insurance company is refusing to pay—witnesses can’t be found; evidence is lost; the injured victim didn’t make timely medical complaints.>We usually still take the case and try to help. But it always would have been better if the client had contacted us within a week of the collision happening. Why? Because immediate investigation and management of correct medical care is the key to making an injury claim valuable.
The first thing an injured person must always remember is, the injured person must prove that the other person was negligent and that negligence was the cause of his injury. Sometimes you can only carry that burden of proof through rapid investigation of the accident.
Immediate investigation of the facts surrounding the event that injured you is the only way to ensure your rights are protected and that you will receive just and adequate compensation. A delay can cause a number of bad outcomes.
Often, early investigation is the difference between winning your case or losing your case. Skid marks fade; damaged vehicles are towed away and disposed of; even damaged property surrounding the scene is repaired. All of these items offer critical evidence not just to who caused the collision but that the collision was sufficiently severe to justify lengthy medical treatment and explain injuries. The above evidence is exactly the kind of evidence biomechanical and crash experts need to give their opinion in court about how the accident occurred, how fast the vehicles traveled and who was at fault. If a victim waits months to engage an attorney, all that evidence is gone and no matter how good the attorney is, he can’t win a case without evidence.
Often, early investigation is the difference between winning your case or losing your case. Skid marks fade; damaged vehicles are towed away and disposed of; even damaged property surrounding the scene is repaired. All of these items offer critical evidence not just to who caused the collision but that the collision was sufficiently severe to justify lengthy medical treatment and explain injuries. The above evidence is exactly the kind of evidence biomechanical and crash experts need to give their opinion in court about how the accident occurred, how fast the vehicles traveled and who was at fault. If a victim waits months to engage an attorney, all that evidence is gone and no matter how good the attorney is, he can’t win a case without evidence.
If you are injured because a property owner didn’t keep his property in good repair, your attorney needs to inspect the property as close to the event as possible, before the owner fixes the defect that injured you. If your attorney can’t document the dangerous condition before it’s repaired—there goes your evidence of the dangerous condition.
Investigation of the facts of your accident is not the only aspect of your case that needs immediate attention from an attorney.If you get hurt in an accident, you must, must, must get immediate and appropriate medical care.Not only is this important to your case—it is important to your well-being. The favorite argument of insurance companies is that the collision or the fall or whatever other accident occurred did not really injure the claimant because the claimant delayed for weeks in getting medical treatment. A “gap in treatment” can be deadly to an injury case. It allows them to minimize the severity of the injuries or deny the claim altogether by arguing a jury would never find a connection between the injured persons complaints and the accident. The first thing that is going to happen if you come to Dennis and King is we are going to make sure you get appropriate medical treatment immediately, whether you have insurance or not. It’s that important. Why do we do that? Because we know this is the best way to maximize your recovery and settle your case quickly.
As if these problems aren’t enough, there is the problem of giving a statement to the insurance company without your lawyer present. If you aren’t represented by a lawyer, an insurance company will threaten that unless you give them a recorded statement it will not consider your injury claim at all. They will try to intimidate you into giving not only a statement but openended medical releases that they will use to try to prove you are complaining about a pre-existing injury. Be warned! Insurance companies are not your friend and they are going to gather only the evidence that will save them from paying your claim.
