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Being injured in an accident is very stressful as well as painful. Most of the clients that
represent have never been in a motor vehicle accident before the one that brought them into my
office. They do not understand what they are suppose to do first. Initially, an insurance adjust
will ask for your recorded statement and for executed medical authorizations. An insurance
company has the right to obtain your medical records to evaluate your claim. However, it is a
good idea to speak with a personal injury attorney before giving a recorded statement or medic
authorizations to the opposing insurance company.
Here is a basic summary of a standard motor vehicle claim.
There are two main parts to an accident that involves injury: liability and damages.
Liability is whether the other driver is at fault. A rear end collision at a stop sign or red
light is usually clear liability. There can also be more than one person at fault. This is
comparative fault. An example of this would be if one party had the right of way but was
speeding. A court might find them partially at fault for some of the damage.
Damages is what a case is worth. There are two types of damages that are added together
to get a value in a case: general and special damages. General damages include such damages
pain and suffering, aggravation, inconvenience, and mental suffering. Another element of
general damages is loss of consortium. This type of damage is where an injured wife cannot
cook for her husband or go to her son's football games. Her family has also suffered a loss.
The value of general damages usually depends on the length of treatment and the type of
injury. The length of treatment begins from the date of the accident through the discharge date
from the doctor. Important in the length of treatment is whether there are any big gaps in
treatment by the doctor. Long gaps in treatment tend to lower the settlement value of the case.
One has to remember that the doctor documents your complaints of pain and supplies the proof
that you are injured. You cannot be compensated for an injury that the doctor does not relate t
the motor vehicle accident. Other considerations for amount of damages would be permanent
scarring and disabilities.
Special damages include property damage, rental car, lost wages, and medical bills.
Unlike general damages, these damages are easier to prove.
Being injured in an accident is emotional. However, emotions should not get in the way
when you are evaluating your claim.
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