Personal Injury

By , June 14, 2016

Protect Yourself When Your are Injured

A substantial part of the law offices of Anthony J. Allen is dedicated to the representation of clients who have been injured through the negligence of others. The following is a collection of pointers we have accumulated through our experience in handling cases for injured persons. We believe that special efforts at communication with our clients are the best way to serve our clients. We hope you find our article interesting and insightful.

Although we sincerely hope that you will never be injured, you may want to keep these “Recommendations” in the event that you, a family member, or a friend may find them useful in the future. If you, a family member, or a friend are injured in an accident, we trust that you will consider the law offices of Anthony J. Allen to provide assistance in protecting your rights.

Recommendations to Personal Injury Clients

In a personal injury case, the person who is injured has the burden to prove the legal elements of the case before he/she can recover any compensation for his/her losses. To establish your claim you must show that:

  1. The other person was at fault;
  2. The negligence of the other person caused the accident;
  3. and All of your losses or damages resulted from this accident and not from some other cause.

To help build your case, we recommend that you do the following:

  1. See your doctor and describe the accident. Make sure you tell your doctor in detail all symptoms that you have been having since the date of the accident and how uncomfortable or painful they may be. It is critical that you be descriptive and complete in telling your doctor your symptoms. Also, do not see your doctor for any other medical problem at the same time as you are being seen for accident related injuries. Following our suggestions will help produce a clear paperwork trail that will support your claim of injuries; and
  2. No matter how busy you think you are, if you need medical treatment, see your doctor. Your doctor’s records are critical evidence we use to prove your damages. To prove your case in court, we must have a doctor state that the cause of your injuries was the accident. If we have no medical records, we will not be able to prove your case. KEEP YOUR DOCTOR APPOINTMENTS. Missed appointments may be used against you by the insurance company as evidence that your injuries were not as bad as you say or else you would have kept your appointments.

The total amount of your medical bills is a factor in establishing the settlement value of your case. Therefore, treating with your doctor in a reasonable manner and when it is necessary, can help establish the true value of your case. However, over-treating to increase the amount of doctor bills is not only unethical, it is also obvious to the insurance adjusters and attorneys on the other side.

You can recover for lost wages if your time off from work has been ordered by your doctor. It will be difficult, if not impossible, to get you compensation for lost wages without a medical excuse and verification of missed days from your employer. Remember that the insurance company paying your compensation for your injuries and losses is your adversary. It is the job of the insurance adjuster to settle your claim as cheaply as possible. The insurance company is not concerned about compensating you fairly and fully. That is why you need an attorney — to protect your interests. Do not give any statements to the other person’s insurance company. Never sign any papers from the insurance company without consultation with your attorney. If in doubt, contact your attorney immediately.

Your cooperation by following our advice will improve our ability to help you secure full compensation for your injuries and losses.

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