HOW CAN I MAXIMIZE THE VALUE OF MY CASE?

HOW CAN I MAXIMIZE THE VALUE OF MY CASE?

Now that we know HOW MUCH IS MY CASE WORTH, we know that we must either impress our case upon the insurance company or a Judge or Jury at a Trial.

It is common for insurance companies to want to pay as little as possible when it comes down to an insurance claim. Based on our experience, they rely on the same pitfalls to minimize your claim and its value. It is important that you avoid these common pitfalls so that your case isn’t filled with those problems that will make settling your case, fairly, extremely hard.

First, it’s important that you receive medical care, as soon as possible, so that you can show to the insurance adjuster that you are in fact experiencing pain. While, responding to the emergency room isn’t necessary, you should look to seek medical care shortly after your accident. It’s also important that you follow the treatment plan ordered by your Doctor. While it’s very easy for you to understand the pain and suffering you are dealing with, without medical documentation, getting others to understand the pain is hard. For example, if you have a broken wrist yet never inform your doctor of wrist pain, it could go uncompensated. Each and every injury/symptom you are experiencing needs to be outlined in your medical chart. Most injuries (soft tissue) are subjective and without your input, a doctor will never know. Even further, if the injury is significant, it would be undiscovered if it’s never brought to the attention of the Doctor who can then perform objective testing to determine the severity of the injuries.

Due to the above, IT IS IMPORTANT TO TELL THE DOCTOR EVERY SYMPTOM/INJURY/PAIN YOU ARE EXPERIENCING BECAUSE ONLY YOU KNOW WHAT HURTS. YOU SHOULD ALSO LET HIM KNOW THAT YOU WANT IT ALL INDICATED IN YOUR CHART. If before the accident you were pain free and after the accident you are experiencing any pain, it needs to be noted to your Doctor. It’s not enough that you inform your attorney, friends or employers of those injuries. You must let the Doctor know. If you are unable to work, you need to indicate that to the Doctor. If you are in an extracurricular activity, which you are no longer able to enjoy as a result of the pain, you should inform the Doctor of the same. If you are having trouble getting to and from therapy for whatever reason, let the doctor know. If you are doing your home therapy and taking the prescribed medication, let the doctor know. Even if you don’t believe it’s serious, you should still tell the Doctor. Not only does it allow the Doctor to properly treat you, it also allows for you to be fully compensated for the pain and suffering you are experiencing. If your only complaints to the Doctor are neck and back though you are experiencing pain to your knee, hip, head, shoulder, and foot, you are limiting your treatment options and devaluing your own claim. The insurance company will not pay you for injuries that are not diagnosed by your Doctor and Treated properly. They won’t take your word if it wasn’t told to the Doctor.

Likewise, don’t shy away from any previous injuries and/or accidents. It’s a common myth that if you had a prior injury, you can’t be compensated for that injury. That’s false. In Louisiana, we have what we call the aggravation/exacerbation injuries and the eggshell skull doctrine. For example, if you have a previous sciatica nerve injury though immediately prior to the accident your pain was controlled around 2/10 but after the accident your pain is a 10/10, it’s essentially the same as if it was a new injury with pain of an 8/10. You are compensated for the increased level of pain. Another example is the eggshell skull doctrine. As we explain it among lawyers, if your skull was as fragile as an eggshell, which is not the norm, and you are hit in the head ever so slightly, but it causes your head to crack, the person who hit your head is responsible for the full extent of the damages. You are not penalized for being more prone to injury than others. In Louisiana, you take your victim as they are.

The myth is passed around because insurance companies want the injured parties to lie about previous injuries and/or conditions so that they can then discover the same and attack your credibility. Something that was harmless to you could now become a sword for the insurance company to use against you. It’s important to always be honest about prior injuries and/or conditions.

Additionally, insurance companies, especially for serious accidents and commercial insurance policies, notoriously scan the web to look through your social media accounts. While I am the biggest supporter of continuing to enjoy your life, even if you are in pain, you want to limit the “gotcha” reports by the Insurance Companies. You don’t want them to find photos of you dancing at your friend’s wedding or traveling the country. While those things don’t mean you are not in pain, it just adds fuel to the already skeptical insurance company. Do continue to enjoy your life. It’s important for your sanity. Just be sure to properly set your Facebook and Instagram privacy settings and be weary of unknown follow request.

Your #1 goal should be to get back to health. While we at The Burrell Firm LLC will do everything in our power to properly prepare your case to receive the maximum value through settlement, mediation or trial, it’s important that you help us along the way. Your role is a very important part. In fact, it’s the most important part.

CONTACT A NEW ORLEANS PERSONAL INJURY ATTORNEY FOR MORE INFORMATION

If you have been injured in an auto accident, you should have a New Orleans lawyer represent you. After an accident, knowing how much your case could be worth isn’t readily available. An experienced lawyer from The Burrell Firm LLC can advise you and help you determine how much your case is worth.
Call us today at (504) 533-0006 to schedule a free initial consultation.

CONTACT A RUSTON PERSONAL INJURY ATTORNEY FOR MORE INFORMATION

If you have been injured in an auto accident, you should have a Ruston lawyer represent you. After an accident, knowing how much your case could be worth isn’t readily available. An experienced lawyer from The Burrell Firm LLC can advise you and help you determine how much your case is worth.
Call us today at (504) 533-0006 to schedule a free initial consultation.

CONTACT A MONROE/WEST MONROE PERSONAL INJURY ATTORNEY FOR MORE INFORMATION

If you have been injured in an auto accident, you should have a Monroe/West Monroe lawyer represent you. After an accident, knowing how much your case could be worth isn’t readily available. An experienced lawyer from The Burrell Firm LLC can advise you and help you determine how much your case is worth.
Call us today at (504) 533-0006 to schedule a free initial consultation.

2019-02-16T11:42:09+00:00 February 16th, 2019|