There are many types of personal injury cases. The most commonly handled claims at Meagher Law Office include car accidents, motorcycle wrecks, truck accidents, dog bites, and slip/trip and fall cases. No matter what type of accident you were in, there are many steps are involved in a successful injury claim.
A Mount Washington personal injury lawyer could guide you through the legal process to improve your chances of recovering the compensation you need. Reach out to a skilled accident attorney to learn more about your legal options.
One of the most important parts of any injury claim is gathering evidence to prove your case. This includes obtaining or taking any photographs of the scene of the incident or photographs depicting your injuries. It also includes gathering your medical records and bills for medical treatment you have received.
If you suffered severe injuries in the accident, it can be difficult to collect all the critical evidence on your own. A dedicated attorney could assist you in your personal injury case by requesting security footage and communicating with your medical provider to obtain your records.
An accident victim’s choices as to how or when to communicate with insurance companies is also important. For instance, it is recommended that an injury victim never provide a recorded statement to the insurance company until they have retained and/or spoken with an attorney first.
In addition to discussing property damage issues in car accident cases, a personal injury lawyer should inform insurance companies to refrain from contacting their client and instead direct all communications to the attorney’s office. Other times when communication is important during the claims process is when the accident victim has an underinsured motorist claim or when the injury victim needs evidence preserved by the at-fault entity in a slip and fall case.
In car accident cases, an uninsured motorist claim is a claim against your insurance carrier (or the insurance carrier insuring the vehicle you were in during a car accident or the insurance company insuring a vehicle owned by a family member in which you reside with) that occurs when the driver of the at fault vehicle does not have enough insurance coverage to cover an injury victim’s damages. In Kentucky, the minimum insurance limits a vehicle owner must have for bodily injury liability is $25,000.00 per person and $50,000.00 per accident. Often this limited amount of coverage does not adequately cover the injury victim’s damages.
An accident attorney in Mount Washington can investigate to determine if the client has any underinsured motorist coverage to pursue. If there is uninsured motorist coverage to pursue, it is important that the accident victim provide adequate notice of their intent to accept a policy limits settlement with the at fault driver’s insurer before entering into such a settlement with the other driver’s insurer. If an injury does not follow the required procedure set out by Kentucky case law and statutory law to provide proper notice to all uninsured motorist carriers, the underinsured motorist claim is barred below, and the injury victim is barred from further pursuing any underinsured motorist claims.
As noted above, communication with insurance carriers (or at-fault entities) is also important in slip/trip and fall cases. In these types of cases (and other types of cases as well) it is crucial to send the at-fault entities and/or the insurance carrier what is known as a spoliation letter to ensure that certain evidence (like surveillance video footage of the incident) is preserved.
If the insurance company denies your claim or does not make a reasonable offer on your case, your only recourse is to file a lawsuit and litigate the case. Lawsuits must be filed timely or your claim will be barred by the applicable statute of limitations. An attorney can determine the applicable statute of limitations for your claim after evaluating your personal injury case.
Once a lawsuit is filed, a local attorney can help guide you through the litigation process. Many injury cases take years to resolve, and there can be several steps necessary to prove your claim during the litigation process.
A Mount Washington personal injury lawyer could evaluate the circumstances of your case, gather the necessary evidence for your case (including obtaining all medical records and bills), advise you of your options, and aid you in the claims process by dealing with the insurance company and/or attorney hired by the insurance company on your behalf.
If you have a personal injury claim, call our firm for help today. Don’t wait, call attorney Tate Meagher of the Meagher Law Office, PLLC to schedule a free consultation.