Thinking Their Accident Makes The Perfect Case Can Lead to a D-I-Y Approach
Many people who are injured when they slip and hurt their back or injure their neck in a car accident take a do-it-yourself attitude towards making a claim. They might think it is unseemly or somehow “less than” to use an attorney. The image of an “ambulance chaser” is firmly ingrained in our culture and media.
To avoid getting involved in something that is viewed so negatively, they assume that they can just contact the insurance company for the premises where they fell or the company insuring the other car, and things will turn out swimmingly. It might go along fine at first, while the injured party sends record after record and provides fact after fact in phone interviews or to investigators in person.
Insurance Company Nice at First, Can Later Become Adversarial
Sure, while the injured party is cooperative and providing information, the insurance claims adjuster is nothing but polite and professional. However, when the injured man or woman finally asks for some sort of compensation for the ordeal they have gone through, things can go sideways. This does not happen to all claimants, but many can attest that this is exactly what happens.
At this point, the injured party starts hearing a litany of reasons why the case is not worth very much. Questions are asked such as, “Isn’t it true you were in a hurry and were inattentive?” Or, “You really were not hurt that badly. You had no broken bones.” Or, “Look, you only missed a little bit of time from work.” And, “But you had already hurt your back/knee/shoulder many years ago, so, really, our insured did not cause this injury”.
Challenges of Self-Representation While Enduring Pain and Aggravation
Suddenly what seemed like a clear case of negligence on the other person’s part (“The Perfect Case”), does not look so perfect after all. There is usually some argument that can be made to diminish the value of the compensation the injured party might be entitled to by law. At this point, the injured party is not just having to go to doctors’ appointments, therapists and pharmacists, all the while dealing with pain and body dysfunction, but they have to start arguing.
It should be no surprise when one is in pain and trying to recover physically, it is very difficult to be a clear-headed advocate for one’s self. The phrase “Just Get It Over With” might pass through the injured person’s mind. When that level of fatigue sets in, a decision can be made that the injured person might come to regret later.
D-I-Y Can Lead to Premature, Low Settlement
If a “settlement” is negotiated, the injured party or claimant will be required to sign a waiver. In many states, including California, a typical waiver will require the injured party to waive any claims they may not even know about. That is a special but typical clause that will appear. If the leg was broken in the fall on hard pavement, the claimant can think they are settling out that injury. But if the injury later becomes complicated from severe infection, can a further claim be made? Probably not.
This is the kind of detail that can be handled by a competent attorney — to make sure that a scenario like that does not happen. Another skill the competent attorney has is to know when is the better time to attempt settlement of a claim. Yes, some times are better than others!
Is There a Perfect Case?
Sure. There can be. But, the overwhelming majority of cases are not overwhelming tilted in the injured party’s favor. There is always some fact detail or legal argument that can be made to minimize the value of the claim. Most accidents happen in a backdrop of events set in play by imperfect human beings, whether that involves an already damaged human body, an improperly designed bike path, reckless driving or inattentiveness.
This is when a skilled attorney can sort through all of these details, both pro and con, and advocate strongly for the client’s interests. The attorney is used to handling similar fact patterns over and over, and has besomed accustomed to these fact details. She understands how these facts fit in with the law, and how to present the information to opposing counsel, mediator, judge, and, if necessary, a jury.
Attorney Tahnya Ballard provides free consultation on personal injury matters. We welcome your call.