Dec 6, 2016

5 Factors That Can Affect the Value of a Personal Injury Claim

Written by : Martha Collins| 0 | Legal Issues, Lifestyle

If you’ve suffered injury because of the negligence of an individual or a company, you might be eligible to compensation. However, personal injury cases are far from simple and many factors can affect the final judgement.

Insurance companies and their claim adjusters will do everything in their power to discredit your claim and pay as little as possible. This is why it’s very important to know the proper procedure to follow in case you’re a victim of a personal injury so you can get proper compensation. In this article, we’re going to explore a few factors that may affect the value of your claim.

Whether Someone Called the Authorities or Not

If you suffered a personal injury and no bystander, coworker or any other witness calls the police, it would be wise that you do so yourself. The reason for this is simple. In a court of a law, not many things hold as much weight as a police report, and in the case of a personal injury, it is especially critical. In addition to a police report, a copy of the 911 audio transcript may be used to substantiate your claims in court.

Photographic Evidence

Any photos that can show a detailed picture of the scene of the accident will be of great help when trying to prove your case. Try to get as many pictures as possible of damaged vehicles, dangerous conditions, paramedics on the scene, bruises and injuries or any other element that could strengthen your case. On the other hand, anything that would make the incident look minor, such as minor damage to vehicles, could affect your case negatively.

Time Before You Seek Treatment

If you wait too long to seek treatment, insurance claim adjusters may use it as evidence that your injuries were minor and this could ultimately lower the amount of money you receive. This is why it’s absolutely essential that you seek immediate medical attention after the accident, even if you feel you suffered minor injuries. An injury may seem minor at first, but worsen after time.

Also, it is vital that you follow any medical advice you receive from your doctor following the accident. Again, if an adjuster notices that you stopped your medication short, or didn’t take it at all, he may use it as evidence that your injury wasn’t serious and readjust your claim accordingly.

The Credibility of Your Doctor

Your doctor could literally make or break you case. For instance, if the doctor states that the injury came from preexisting conditions or that the injury isn’t related to the accident, your case might be thrown away. This is why it is essential that you see a doctor you know and trust, and not one that was referred to you by the insurance company.

Pre Existing Injuries

Adjusters will do everything in their power to reduce your claim and this includes probing into your past to prove some kind of pre existing injury. They will look at your social media accounts, scrutinize daily activities and look at your personal records to find any evidence that the injury was already there before the accident. This holds especially true when it comes to back injuries, herniated disks or neck injuries. So, it’s absolutely essential that you refrain from saying anything that could incriminate you and remove any social media posts or pictures that might hint at a pre existing injury.

An insurance claim adjuster won’t hesitate to Google you and search for any post or comment you may have made that could hurt your case. Similarly, if you show pictures where you’re totally fine or made a speedy recovery, this could also reduce your claim. And it doesn’t even have to be related to the injury at all, just a picture of you enjoying a good time with your friends or attending your daily activities can be used as evidence.

Alcohol or Drugs

If insurance claim adjusters find out that you were under the influence of drugs, medication or alcohol prior to or during the incident, they could use it to diminish your claim. In some cases, it could result in your case being dismissed completely. That’s why you need the help of a lawyer that is well versed in personal injury claims in your state and jurisdiction. For instance, a San Antonio personal injury lawyer will be more familiar with the specificities of insurance claims in the State of Texas and will be better equipped to serve you.

All in all, winning a personal injury claim is all about being as consistent as possible and gathering as much evidence as possible before taking your case to court. But whatever you do, make sure that you call the authorities as soon as possible and document everything, be careful what you publish on social media and make sure you visit a doctor immediately. This way, you’ll ensure that you get the maximum compensation possible for your injuries.


Martha Collins

Editor in Chief at Internet Billboards
13 years designer for Healthy Directions, LLC; previous positions included technical editing and designing for non-profits and the military.
Current cats: 2 Siamese and one orange tabby
Grew up on a Pennsylvania farm.
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Martha Collins

13 years designer for Healthy Directions, LLC; previous positions included technical editing and designing for non-profits and the military. Current cats: 2 Siamese and one orange tabby Grew up on a Pennsylvania farm.

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