What Factors Can Impact An Injury Claim?

After an accident, several factors can affect your ability to recover compensation. The strength of the evidence, the seriousness of your injuries, and your actions afterward can impact your injury claim.

Insurance companies will often review every detail of a claim when deciding how much compensation to offer someone. Understanding what actions may strengthen or weaken your claim can help protect your rights.

If you were injured because of someone else’s negligence, the attorneys at Cellino Law can help you to protect your rights. For a free case consultation, contact us  online or by phone at 888-888-8888.

Key Takeaways

• Strong evidence can help establish who caused the accident and strengthen your claim.
• Medical records are important, as they connect your injuries to the incident and document your recovery.
• A police report can provide important details about how an accident occurred and act as evidence in a personal injury case.
• Waiting too long to file could cause you to miss your state’s statute of limitations.
• After the accident, statements made to insurance adjusters or posted online may be used against you.

1.  The Available Evidence

To recover compensation, you generally need evidence showing that another person or business was responsible for the incident and that it caused your injuries and losses. The type of evidence available will depend on how exactly the accident occurred. Valuable evidence may include:

• Photos and videos of the accident scene
• Eyewitness statements
• Surveillance or dashboard camera footage
• Police or incident reports
• Medical records and bills
• Employment and wage records
• Records showing damaged property

As time passes, evidence can become more difficult to obtain. Videos may be deleted, physical conditions may change, and witnesses may forget crucial information. Gathering evidence soon after an accident can help preserve a more accurate record of the situation.

2.  The Seriousness of Your Injuries

The severity of your injuries can significantly impact the value of an injury claim. A person who recovers within a few weeks may have different damages than someone who requires more extensive medical care. A claim may include compensation for:

• Medical expenses
• Lost wages
• Reduced earning ability
• Pain and suffering
• Rehabilitation
• Permanent disabilities
• Loss of enjoyment of life

The type of accident and the state where it occurred may also impact what compensation is available. For example, some states place additional limits on when an injured person can recover pain and suffering damages in certain motor vehicle cases. New York has a serious injury threshold, and New Jersey has a similar rule for some drivers depending on their insurance coverage.

The amount of available compensation is not based solely on the type of injury endured. Insurers may also look at how the injury affects your work, daily activities, independence, and future medical needs.

3.  Medical Treatment and Medical Records

Getting prompt medical care after an accident is important not only for your health but also for your legal claim. Waiting too long to seek treatment may give an insurance company the opportunity to argue that your injuries were minor or caused by something other than the accident.

Following your doctor’s treatment plan is also important. Missing appointments, stopping treatment without medical guidance, or failing to attend physical therapy may create questions about your recovery. Medical records can document:

• When you first reported symptoms
• Your diagnosis
• The treatment you received
• Test and imaging results
• Your progress over time
• Recommended future care
• Work and activity restrictions

Under the Health Insurance Portability and Accountability Act, commonly known as HIPAA, patients generally have the right to review and obtain copies of their health information. Accurate medical records can help connect your injuries to the accident and show how they have affected your life.

4.  Insurance Coverage and Policy Limits

The insurance policies involved in a claim can affect how compensation is recovered. Even when injuries are severe, the available policy limits may restrict how much an insurer is required to pay. An attorney may investigate whether compensation could be available from additional sources, including:

• Another responsible driver
• A vehicle owner
• An employer’s policy
• A commercial insurance policy
• Uninsured or underinsured motorist coverage
• Other responsible businesses or property owners

Identifying every potentially responsible party and source of coverage can be critical to pursuing all available compensation. This is especially important when an accident causes serious, permanent, or life-changing injuries.

5.  Statements and Social Media Activity

Insurance adjusters may ask for a recorded statement shortly after an accident. What you say could later be compared with your medical records, testimony, or other evidence.

Social media can create similar issues. A photo, caption, comment, or location tag may be taken out of context and used to question your injuries. Even if you believe your profile is private, there still may be ways for the insurance company to access your posts.

While your claim is pending, avoid discussing the accident, your injuries, or your activities online. You should also speak with an attorney before providing a recorded statement or signing broad medical authorizations.

Why Is a Police Report Important?

People injured in an accident may wonder, “Why is a police report important?” While a police report or incident report does not automatically determine who is legally responsible, it can provide valuable information about what happened. Depending on the circumstances, a report may include:

• The date, time, and location of the incident
• The names and contact information of those involved
• Statements from the people involved
• Witness contact information
• Details about the conditions at the scene
• A description of any property damage
• Information about injuries or medical transportation
• Citations, violations, or other observations made by responding officers

These reports can help create an official third-party record of the incident and preserve details that may become harder to remember over time. It is important to review the report when it becomes available. If you notice incorrect or missing information, speak with an attorney about how the issue may be addressed.

What Are The Statutes of Limitations?

The statute of limitations is the legal deadline for filing a lawsuit. This deadline may depend on different factors, such as:

• The state
• The type of accident
• The defendant
• The age of the injured person

Some cases may also have much shorter notice requirements. Claims involving a city, government agency, public transportation system, or other public entity may require action soon after the accident.

Missing the applicable deadline may prevent you from recovering compensation, even if you have strong evidence. Speaking with a personal injury lawyer early on can help you identify what deadlines apply to your case.

Who Was Responsible for the Accident?

Liability refers to legal responsibility for an accident. In some cases, one person may be entirely responsible. In others, several people or businesses may share fault. Depending on the accident, potentially responsible parties may include:

• A careless driver
• A vehicle owner
• An employer
• A property owner
• A construction company
• A product manufacturer
• A government agency

Your own actions may also be reviewed when determining fault. For example, New York uses comparative fault. This means an injured person may still recover compensation even if they shared responsibility in an accident. However, their award may be reduced by their percentage of fault.

States like Connecticut and New Jersey follow modified comparative fault rules. This means that an injured person can usually recover compensation as long as they are not more than 50% responsible for the accident. Their compensation is then reduced based on their share of fault.

Because fault percentages can directly affect the amount of compensation available, evidence showing how the accident happened can play an important role in protecting your claim.

Cellino Law Can Help You Protect Your Injury Claim

Every injury claim is different. The outcome may depend on the available evidence, medical documentation, legal deadlines, available insurance coverage, and what you do after the accident.

If you were injured because of someone else’s actions, a personal injury lawyer can investigate what happened, help to preserve vital evidence, handle communication with insurance, and pursue the compensation you may be entitled to receive.

Cellino Law can explain your rights and guide you through your legal options. Schedule a free case evaluation online or call Cellino Law at 888-888-8888 to speak with a member of our team.