Determining Fault in a Personal Injury Claim

Getting injured on the job or in a car accident can leave you struggling both financially and mentally. Making a claim is a necessary step in regaining financial stability and getting your life back on track, but it can get tricky when you weren’t at fault for the accident. Filing a claim with the negligent party’s insurance can make for a big headache and a longer recovery time as you wait for rightful compensation. Here is how fault is determined and how it impacts your insurance claim.

Proving Fault

If you were not responsible for the accident that caused you injury, you’ll need to prove that someone else is at fault. This means you have to provide evidence that shows they acted negligently and therefore caused the accident. Your proof may come in the form of statements from witnesses, pictures of the accident and a police report.

Proving Your Injury

Not only do you have to prove the other party’s fault, but you have to prove that your injury was directly caused by the accident that resulted from their negligence. It is best to seek medical attention as soon as possible after the accident (wait no more than 72 hours later). Doing so will get you a doctor’s report that can link the accident to your condition. Keep a copy of the medical report to show as evidence for your claim.

Proving Other Losses

Your injury may keep you from going to work, therefore crippling the wages you rely on for a living. You can earn compensation for these losses, too, by proving the salary and hours you would be earning if not for the injury. This plays into how much your claim is worth and how much you deserve after the accident. Medical costs like physical therapy and examinations can also be included in your total compensation worth.

Dealing With Insurance

You should never settle to early with an insurance company. They may try to pay you the least amount possible by taking advantage of the fact that you need money quickly. However, injuries may arise later that are related to your accident, and these can’t be included in your compensation if you’ve already settled.

If you’re unsure how much your claim is worth or whether you should wait to settle, contact an attorney, like a personal injury lawyer in Washington, DC from Cohen & Cohen, P.C. He or she can help you with your case and determine how to proceed so you get the most out of this unfortunate situation.