Why Some New Bedford Personal Injury Cases Are More Valuable Than Others
If you have been involved in an accident or injured in any way, one of the most pertinent questions on your mind may be that of what your case is worth and whether the pursuit of a New Bedford personal injury case is in your best interest. Many victims are tempted to take the initial offers made by insurance companies because they are unaware of their rights or have no idea whether it is worth it to pursue additional compensation.
Regardless of whether you decide to retain a New Bedford personal injury lawyer following an injury, it is important to consult with an attorney for an initial evaluation of your case so that you are aware of your legal options. Should you file a lawsuit, the following factors may affect your claim and the amount of compensation that you receive.
Evidence of Liability
The most important aspect of your case is the ability to both determine who was liable for your injuries and then to prove that your injuries were the result of the at fault party’s actions. If you’ve been in an accident and the defendant’s insurance company feels that you lack the evidence necessary to prove liability, your claim may be denied. During the process of discovery, accident reconstruction experts as well as medical professionals can help recover evidence critical to your case which is why it is crucial that you speak with a qualified attorney sooner rather than later following an accident.
Additionally, evidence may be collected by the defendant’s insurance company to be used against you— either by refuting the defendant’s liability entirely or by arguing that the liability is shared through comparative fault. Comparative fault is defined as shared liability such as when both parties committed acts that contributed to the cause of an accident. If you are found to be partially liable, the degree to which you were liable will affect the outcome of your case as well as the amount of compensation you are awarded.
As time passes, evidence becomes harder to collect and witnesses begin to forget important details that can be used to win your case. Do not make the mistake of trying to handle your claim by yourself following an accident. At the very least, you should seek an opinion from a lawyer before you make any decisions on how to proceed.
Court Venue: Where a Lawsuit Could Be Filed
The location of the court hearing your case as well as where the accident occurred may both impact the amount of compensation you are awarded or receive in an out of court settlement. Some counties or cities may be more restrictive than others while others may place a higher value on factors such as pain and suffering, which makes them more favorable to the plaintiffs. Location may also influence how likely the other party is to offer an out of court settlement as well. If a county is known for awarding large settlements for cases of a similar nature, it may be in the insurance company’s best interest to cut its losses and come to a resolution before the matter is tried in court.
Classification of Medical Expenses
One of the biggest loopholes that insurance companies use to avoid payment is to make the claim that medical costs are not reasonable or that they are in excess of what is required. It is important that you seek medical treatment immediately when you’ve been injured but also to speak with an attorney shortly after you’ve received initial care so that you are able to receive proper care from reputable doctors. This will minimize the ability of insurance companies to challenge the reputation of the physicians you receive treatment from and to question the necessity of treatment.
Avoid any type of clinic or medical practice that exists solely to provide treatment to those involved in accidents as these facilities and practitioners often inflate their prices intentionally. Their aim is to profit from your injuries by charging more with the hope that the cost of treatment is recouped in your personal injury settlement. It is always unfortunate to learn that organizations exist with the sole purpose of preying on those who have been injured and further highlights why you should seek legal representation after any accident as a means of protection.
If you’ve been involved in an accident that involved multiple victims, it may drastically alter your ability to collect damages or diminish the amount of compensation that you can recover. Insurance policies quickly reach their maximum coverage when numerous plaintiffs file claims against a single person and when this happens; plaintiffs must prove why they are entitled to more compensation than those who also suffered injuries in the same accident. In the majority of cases, multiple victims end up losing some of the compensation that they would have otherwise received if they had been the sole plaintiffs. Therefore, it is important to take this into consideration when determining the value of your case compared to what you can reasonably expect.
Assets and Personal Insurance
If the person at fault for your injuries lacks insurance to cover your expenses, you have the option to file a lawsuit for additional damages if he or she possesses assets that can be used to pay the difference. In addition, if the amount of compensation that you recover is still not sufficient to cover your expenses, you may look into filing a claim against your own insurance to cover the difference. For example, if the responsible driver has minimum state coverage, you may be able to collect compensation from his or her car insurance company while filing a claim against your health insurance to cover the difference.
The ability of the defendant to pay will obviously affect the value of your case as you simply cannot collect compensation from someone who lacks assets or adequate insurance coverage. When this occurs, it is important to temper your expectations as well as to explore additional avenues and methods of collecting compensation.
Kevin P Landry personal injury lawyers are leaders when it comes to protecting the interests of those who have been injured in accidents. We understand how frustrating and scary the process of recovering compensation can be and are happy to answer every question that you have about your legal rights so that you can avoid common traps and pitfalls that diminish your ability to recover damages that you are entitled to for the treatment of your injuries. Contact us today to schedule a risk free consultation with an attorney who will thoroughly evaluate the details of your case and let you know what we can do for you to protect your interests and ensure the highest chance of success for you if you choose to pursue a lawsuit.
If we are unable to assist you or fail to collect compensation on your behalf, our advice and services will be at no obligation or cost to you.