What You Need to Know About Personal Injury Cases

Getting an injury is no fun. Now, if you injure yourself—say by falling off that rickety ladder you should have gotten rid of 20 years ago—you need only look in the mirror to see who is to blame. In the legal world, a person can’t bring a lawsuit against themselves. (Conflict-of-interest anyone?) But when someone else is responsible, you may want to decide to lawyer-up.

Often, in a routine car accident, for example, there may be some crunched metal and a lot of gnashing of the teeth, but no injury to the drivers.

But if you are injured and the other driver is at fault, seeking legal representation might be an avenue to pursue. In such cases, an injured party can recover for pain and suffering, out of pocket expenses, wage loss, medical bills and more.

Here a few things you will need to know should you decide to seek bring an action and seek compensation for personal injury.

It’s best to hire a lawyer.

You can try to seek compensation for your injuries on your own. However, most people are no match for an insurance company, which will be representing the person or entity from whom you wish to recover. In auto cases, an insurance representative may try to tempt you with a quick payoff, but it will likely be a fraction of what you might otherwise obtain with counsel by your side. If your injuries are minor and a small amount of money sounds attractive, it may be fine to handle things on your own. Otherwise, beware.

Understand insurance law.

If you are going to recover money in a motor vehicle accident or slip and fall incident or one of the other lesser-known methods of injury, the amount of insurance you have and the amount of insurance the responsible party has will be very important. Most often, the money you recover in a personal injury case comes from the responsible party’s insurance carrier. Sometimes, it comes directly from their own pocket.

And though you can’t control the amount of coverage of the responsible party, you can protect yourself by having good insurance of your own. A good example of this is underinsured motorists’ coverage (UIM) or uninsured motorists’ coverage (UM) in motor vehicle accidents. This coverage means your own insurance will potentially help compensate you for your injuries beyond the coverage available from the responsible party. The UM/UIM amount in effect on the date of the incident is what matters, so it’s a good idea to look at your insurance Declarations Page to review these coverages and increase coverages if warranted.

Get medical treatment.

Medical records play a pivotal role in the pursuit of financial recovery. If you are injured, you must seek medical treatment for your injuries. And when you seek treatment, what you say to your medical provider will be very important. Every visit for medical treatment generates medical documentation by the provider. These medical records will ultimately be key documents in your injury case as they provide a road map of your treatment from start to finish. Not only will the records contain results of x-rays, MRIs, physical examinations and all tests performed, they will paraphrase what you have told your medical provider about how you were injured and how you are recovering from your injury. These records, which can often be quite voluminous if you have a serious injury requiring extended treatment, will ultimately be viewed by insurance adjusters and defense attorneys and end up as evidentiary documents in your case.

Your past medical history may come back to get you.

Past injuries or medical conditions which seemingly have little or nothing to do with the “new” injury you suffered will likely surface during the process of pursing recovery. While pre-existing conditions do not disqualify you from receiving compensation, they may be used by the opposition to minimize or explain away your present case. For example, if you had a history of low back problems for which you had been treated and your “new” injury is to your lower back, don’t be surprised if the other side will try to paint your new injury as mainly an extension of your pre-existing condition.

The insurer will ask, “How do you know the ‘new’ injury is not merely a revised version of your ‘old’ injury from which you never fully recovered?” Past medical records will be obtained and carefully examined. Fortunately, there is a concept in the law known as the “Eggshell Skull Plaintiff Doctrine.” This doctrine states that a defendant is liable for the full extent of your injuries caused by an accident, even if the injury caused by the incident is greater than would have been expected. In other words, the responsible party bears full responsibility for your injury, even if the same level of injury would not likely have happened to someone younger or healthier.

Patience is a virtue.

Pursing an injury claim can be a less-than-speedy process. Smaller claims can sometimes be resolved quickly. Not all claims result in a lawsuit. Because an injured person in Pennsylvania has two years from the date of the incident to bring a legal action, that can allow ample time to try to resolve your claim without litigation.

In instances of more significant injury, the process of resolving a claim or taking a case to trial can be lengthy. In addition to medical documentation discussed in the foregoing, a full-blown legal case often involves, among other things, on-the-record testimony in a deposition; exchange of voluminous information tied to the case, known as the discovery process; court hearings before a judge to resolve disputes that may arise between the lawyers; medical examinations; the retention of experts to support each side’s position; and delays arising out of a variety of circumstances.

You must be personally invested in your own case.

Your lawyer will do the heavy lifting, but a commitment to furthering your own cause is important. In addition to getting medical treatment, your commitment to cooperating and working with your legal team is important. There will be times of inconveniences along the way, such as taking time off from work to attend a medical exam, attend court or prepare for testimony. But your cooperation and personal investment is a necessity if you want a successful outcome.

Conclusion: Call Cornerstone Law Firm if you’re hurt.

If you’re injured, call Cornerstone Law Firm to discuss your case. Having a lawyer is critical to your success in developing and pursuing your claim, and our attorneys are here to help. Call us today!