Car Crash Injury Victim: The Reality of The Situation

Going Up Against The Pros
Unfortunately, an injury claim can be likened to a professional football match in some ways, with the professional, experienced, and talented insurance company and their adjusters and lawyers using every means at their disposal - often times beginning with the ill prepared injury victim's own recorded statement obtained without the benefit of a lawyer - to prevent the injury victim from gaining yardage toward fair injury victim compensation.

Once yardage toward fair compensation is lost - such as with an inaccurate statement at the outset of the case, an "I don't know ..." or "I have no idea ..." or some other comment in a recorded statement that would have been more accurate had the injury victim been well prepared, well advised, and given a well considered statement - it is oftentimes lost for good and cannot be regained. Fair compensation for injuries and damages equals reduced insurance company profit.

The Undeniable Truth
If a car crash victim has been injured, there are almost unlimited means by which insurance companies and their lawyers can minimize and destroy such claims, starting with the recorded statement of the unprepared and vulnerable injury victim. As a general rule, once a personal injury claim has been damaged, the ability of the injury victim to recover just compensation for injuries and damages is weakened, the chance of obtaining a fair settlement is decreased, the likelihood of litigation and trial and delay is increased, and the chance of a fair recovery through litigation and trial is reduced.

Proving Injuries and Damages
The question of the injuries and damages consist of the documentation of damages to the vehicles, property, medical expenses, pain, suffering, lost wages, the possibility for future lost earnings, and more. Car accident related personal injury claims are the most significant issue in most of the legal claims relating to today's car accidents, with the insurance companies downplaying the true extent of the injury victim's injuries and the attorneys for the seriously injured seeking to document and present the full nature of the harm suffered such that the injury victim obtains just compensation.

Proving Liability and Damages – Additional Details and Consequences
Most car accident lawsuits involve at least two vehicles. In two vehicle cases, it is normally clear who was at fault and can almost always be kept that way if injury victim rights are promptly protected and the liability has been documented early on with witness statements, site investigation, photographs or whatever else is necessary in any given case. If the insurance company and their lawyers succeed in making the fault appear anything other than crystal clear, the claim will be significantly harder to resolve through settlement and more difficult to prove and win in litigation and trial. The insurance company has the ability to exert substantial pressure to force the injury victim to accept an inadequate settlement amount in light of the insured's overall risk of an inadequate award in the event of litigation and trial. If the injuries are quite serious and the potential payout is in the six or seven figures, an injury victim can count on the insurance company looking for and finding or generating every bit of evidence, regardless of the magnitude, to minimize the claim.

Taking notes on important matters such as photos, direction of impacts and time at the scene of the accident is the best way to be assured that all information is notated correctly.

Insurance Issues
Some insurance problems that can develop with personal injury claims include the other driver having no insurance coverage (uninsured motorist), hit and run (i.e., phantom driver/motorist; again, an uninsured motorist insurance coverage issue), insufficient insurance coverage (underinsured driver; underinsured motorist coverage), a denial of claims, and bad faith/tough/difficult insurance company tactics.

Injury Accidents – The Bottom Line
After being in an accident, an injured individual should contact an attorney immediately. Waiting is likely to substantially and irreparably weaken the claim through loss of evidence, faded memories, disorganized or nonexistent medical records, other missing essential paperwork, and the inability of the injury victim's personal injury attorney to direct and control the flow of the process. Additionally, if an injury victim waits too long the case may be barred completely by the statute of limitations, which differs from state to state including Missouri and Kansas. Accidents are unfortunate and can be catastrophic, so be prepared, protect yourself, don't further your suffering, and don't be victimized twice.

Unfortunately, insurance companies deny 500,000 claims per day. Being prepared to deal with the insurance company can speed your claim through the system and get you a fair recovery. 

Have You Been Injured In A Kansas City Area Car Accident?

If you've been injured in a car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.

James Roswold
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James Roswold is a Kansas & Missouri personal injury, workers comp, and medical malpractice attorney.