Mistakes Injured Claimants Often Make
Failure to Obtain Full Compensation
You must understand that the Defendants Insurance Company will not offer you full compensation when you are not represented by an attorney. They will assume you just want some quick money, and do not intend or desire to seek full compensation for the full extent of your injuries and losses over your lifetime. The Insurance Company Adjusters will also recognize you do not have the training and experience to evaluate what full and fair compensation would be, particularly when you have not reached the point of maximum physical recovery, and do not yet know what your prognosis or future care needs may be. You must also recognize that your health insurance company that has paid for your treatment, may have a lien against any recovery you obtain for the benefits they paid, and they could potentially take from you the quick settlement you took from the Defendants Insurance Company. A skilled and trained Personal Injury Attorney will be able to properly evaluate you case, and recognize what must be accomplished to fully determine the full and fair compensation for the injuries and losses suffered. Furthermore, an experienced attorney is prepared to negotiate or reduce any liens that may apply.
Selection of Law Firm for Representation
It is very important for you as an injured victim or for the family of a loved one to seek an Attorney and Law Firm who provides them the best opportunity to seek Success, Full Compensation, and Full Justice. It is also important to recognize that all Attorneys, and Law Firms do not provide the same chance of Success, nor the ability to obtain the maximum recovery for your injuries and losses. In addition, some firms have so many cases, you could become just one more file in the file cabinet. With some law firms, your case may be handled by a paralegal, or claims adjuster, or a young associate, and not the Partners and Senior Attorneys who are so prominently displayed on the website or in the firm brochure. At ROSELLI ♦ McNELIS, the Partner or Senior Associate who you will meet, will be handling and responsible for your case. Although we work as a team in your representation, you will have close contact and communication with the Partner or Senior Associate handling your case, as well as, all team members.
Lack of Candor & Honesty
Some injured persons do not tell their Attorney all the facts and circumstances of the accident, or incident, or they try to hide prior medical problems, or past legal problems. This failure to fully disclose everything, whether intentional or not, will not only harm the opportunity for your Attorney to be successful with your potential claim, but you may find the Court can dismiss your case entirely, and even order you pay sanctions, or see that criminal charges are brought such as perjury, for lying under oath. If your Lawyer is made aware of everything, he can thereafter better evaluate and prepare your case, and be able potentially to present even damaging issues in a more favorable view.
Understanding There is a Record Trail
We find today that information and records are accessible and available everywhere. The defense attorneys and insurance companies will seek to obtain all records of your prior accidents, insurance claims, medical records, employment records, etc. You can’t hide your past medical care and treatment. It will eventually be referred to or show up in another doctor’s medical records , or in insurance company’s records, or in a database of the insurance industry.
Attempting to Resolve Your Claim Before Hiring an Attorney
Where clients attempt to settle their cases on their own, and then receive an unacceptable or a nominal settlement offer they soon realize they do in fact need legal representation to continue with their case. The attorney they retain usually finds that the client has harmed the potential of obtaining a maximum recovery by: the delay in thoroughly investigating the case, or by not developing the necessary medical information to present to the insurance company, or making inappropriate statements, by not properly determining the fair and appropriate compensation value of their claim, or by expressing a willingness to accept a settlement which is less than the full and fair value of their case.
Not Following Through With Necessary Medical Care
It is necessary to prove the extent and nature of any injuries, the causal relationship of injuries or death to the incident, prognosis and future care needs, through your treating physicians or retained medical experts. It is extremely important that clients follow through with medically necessary care, treatment, diagnostic tests, and recommendations. The medical documentation and testimony by the physicians and experts, becomes the building blocks upon which an insurance company will base its settlement offer, and a jury will base its verdict.
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To Obtain Full and Fair Compensation for Your Injuries and Damages.
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