Do you know about - A Guide to Personal Injury Claims - Part 1 of 2
California Counseling! Again, for I know. Ready to share new things that are useful. You and your friends.Personal injury is a vital event. It is painful. It is frustrating. It is a life altering event. Our many hope in times of any injury can be for a full and unblemished recovery, physically, financially, and emotionally.
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The following is a guide to personal injury accidents, when dealing with the man that injured you and their insurance company. These tips and pointers are based on California personal injury law. Although your State's laws may be the same or similar, if you have a claim exterior of California, you should consult an attorney in that State for advice.
When personal injury is caused by another, some of the things that are compensated for include:
- property damage: any property that was damaged in the accident, along with your car and any other personal property;
- Pain and suffering: any physical and/or psychological pain or distress caused by the emergency and its effects;
- medical medicine costs: all hospital expenses, doctor bills, recovery costs, even psychological counseling costs, as well as any other medicine costs required for your unblemished recovery;
- time to come medical care costs: along with any follow-up surgeries, doctor visits, recovery costs, assisted care expenses during your convalescence, as well as any medications and diagnostic evaluations during your recovery;
- Lost wages: any wage lost as a effect of your inability to work because of your injuries and during your salvage period; and,
- Lost time to come earning capacity: any wage you will lose as effect of a reduction in your ability to work in the time to come because of your injuries.
Following an accident, there are some things you may do or say, even with the best of intentions, that may be used against you later to reduce the number of damages that you are otherwise rightfully entitled to recover.
The following are some things to avoid.
- Do not admit guilt, claim responsibility, or make an "excited utterance."
Generally, hearsay evidence is inadmissible in court. Testimony that "he said" this or "she said" that is thought about questionable and often excluded from evidence because it is difficult to gauge the accuracy of such statements without having really witnessed it.
However, an exception is hearsay that is thought about to be an "excited utterance"." These are statements made in an excited state, such as immediately following an accident. Courts consider statements made in an excited state to be honest, and therefore proper as evidence even if presented as hearsay.
For example, the driver of a car that just caused an emergency might jump out of the car and exclaim, "oh my gosh, I didn't see you, I didn't notice the light was red, I was on my cell phone, this is all my fault!" A study to these statements will be able to quote these statements later in court even though it will constitute hearsay at that time.
As the victim of an accident, during the heat of the moment and rush of adrenaline, you may feel compelled to say things like, "I'm ok, I'm not hurt, it wasn't your fault," etc. Beware that even if statements such as these prove not to be true later, the simple fact that you said them can still be used against you. So, it is good not to say them in the first place.
- Do not decline medical medicine or deny injury.
In many instances, especially with adrenaline pumping straight through your body, immediately following an accident, you may not really "feel" your injuries until sometime later. In extreme cases, you could have a vital internal injury that you do not feel until much later. Head injuries, internal bleeding, or organ damage can often take days before its symptoms exterior yet can have devastating effects.
When in doubt, go to the hospital and get checked out. The last thing you want is to slip in to a coma (or worse) the next day because of a slow brain hemorrhage caused during an accident, after which you said you were fine because you didn't feel anything right away. Even worse, your statement that you felt fine could be used against you later.
- Do not give a recorded statement.
Insurance claims adjusters are highly trained at defending claims. That's their job. They know what hearsay evidence is and that it is often inadmissible in court.
To circumvent this, often they will seek to get a recorded statement from you, by phone or in person, by their own efforts or straight through a hired investigator. It is not uncommon for them to try to take your statement while you are still in the hospital and even while you are under the work on of heavy pain medication.
No matter what the circumstance, keep in mind, there is nothing you can say in a recorded statement that will help your claim, and you have really no obligation whatsoever to give a recorded statement to anyone, ever.
There is nothing you can say that will turn the claims adjuster's perspective. They are conference facts and facts to withhold their case against you. The only thing a recorded statement can ever achieve is to hurt your claim and heighten the adjuster's case against you.
- Do not sign any documents.
As thinkable, as it may be that man from the insurance business would really try to take your statement while you're heavily medicated in the hospital, it is also not unheard of for man to try to get you to sign village documents for pennies while you're barely coherent. If you remember only one thing from this article, remember, do not sign anything unless you are clear headed, and after you have consulted with an attorney.
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