Money does not bring deceased people back to life and does not always allow victims to recover their health, but it does compensate in some way for all the suffering derived from these damages.
It is common for victims to make many mistakes when pursuing a claim. For this reason, we will explain how to avoid some of the most serious mistakes that victims make and explain what is a personal injury claim. and that leads them to receive precarious compensation or that implies that they can never receive it.
Not knowing that insurance claim can benefit you
Many victims spend months or even years without knowing they are eligible for compensation. If there is no insurance, the victim can only claim the person directly responsible for the accident, that is, the one who was driving the vehicle and the civilly liable third parties. This makes things more difficult, because, many times, these people do not have enough resources to be able to pay what is the average payout for a personal injury claim and compensation for damages or, even, they hide their assets so as not to have to answer for the damages caused.
Settling a personal injury claim with an insurance company, the victim of the traffic accident is the beneficiary and, therefore, has the right to claim from the insurer the payment of compensation for the damages suffered, as long as it proves its existence, its personal injury claim settlement amounts, and that the insured is civilly liable. Are personal injury claims taxable? You must know that Personal Injury Compensation is not Taxable.
The person causing the accident may not have any insurance. In this event, you do not have any support and, in the event of an accident, you must respond with your assets. In other cases, several tort insurance policies may coexist.
But how do you know if there is insurance? You may find out about the insurance, because the owner of the vehicle involved informed you or because the insurance company’s attorney showed up at the scene of the accident and tried to get you to sign a waiver.
Once you know the insurer, you should ask them to give you a complete copy of the insurance policy. This is done through the right of petition. In this writing, the insurer must be informed that you are a beneficiary of the insurance contract, as a victim of the traffic accident.
Failure to handle the claim diligently
The first phase of any claim is the gathering of evidence. In some cases, this stage can last for months, since it is necessary to present petition rights to obtain documents, practice expert opinions issued by specialized professionals, grant powers abroad, among others. Finding out which insurer you can claim and getting the insurance policy can take two months or more. For this reason, the more diligent the victim and their lawyer are, the faster reparation can be obtained.
Many victims do not push their cases and let time pass without taking action. They take time to authenticate powers of attorney, present petition rights, obtain the required evidence, follow the therapies and treatments of their injuries, among others. In some cases, this lack of diligence implies losing the opportunity to claim compensation, as a result of prescription or expiration.
Filing the claim immediately
How to file a personal injury claim without a lawyer? While it is wrong not to push the claim or carry out the steps on time, it is also wrong to claim damages hastily, without a lawyer. When there are physical injuries, it is necessary to wait for their evolution before claiming any compensation.
Lawyers cannot guarantee or promise clients a favorable outcome. Therefore, neither the victim nor the defendant can be certain about the result. Given this uncertainty, alternative dispute resolution mechanisms are a good alternative for both plaintiffs and defendants.
Before engaging in negotiation with your counterpart, it is essential to obtain and gather as much information as possible. It is necessary to know the severity of the injuries, the existence of coverage by the policy, the deductibles, the availability of the insured value, the possible existence of prescription, the probative elements that are available to prove the responsibility of the defendants, the tests that can lead us to lose the process, etc.
Giving up claim
Giving up before you start, being ashamed to claim, fearful of initiating a legal personal injury claim process causes some victims not to obtain fair compensation. Many victims fear claiming. They think that the obstacles are too many and that it is not worth risking time and money.
Any judicial process involves a risk of loss. No attorney can promise clients specific results. These promises would not only be false but would also imply the commission of a disciplinary offense by the lawyer. However, many times, it is worth the risk.
The important thing is to make an informed decision and build a case that has strength and viability.
Failure to seek legal advice
Many of the previous errors come from ignorance. For this reason, in cases of injury, death, or material damage due to traffic accidents, the advice of a lawyer who has experience with these types of claims is necessary.