|
When Should I Consider a Claim for Auto Injuries?
Each
year nearly 2 million Americans are injured in automobile
accidents. Another 42,000 Americans are killed in accidents.
Not every accident involving death, injury or property damage
results in a claim or lawsuit. Not every accident should result
in a claim. How do you know when to make a claim and when
not to make one?
The answer to this question depends on several factors. Probably
the first and foremost consideration is the nature and extent
of your injuries and losses. Obviously, minor injuries and
losses may not be worth the heartache associated with bringing
a formal claim as a result of the accident.
Frequently, poor treatment by the insurance adjuster will
lead a client, who otherwise would not have filed a lawsuit
into proceeding in court. Many people simply want to be reimbursed
for their out of pocket medical and other expenses. It is
only after such minimal claims are denied or greatly reduced
by the insurance adjuster do clients decide to proceed to
hire an attorney.
Another factor commonly considered by clients when contemplating
whether or not to bring a legal claim is the exposure of their
private life and information. When a lawsuit is filed, there
are few aspects of your past life that a court will prevent
the other side from discovering. Past criminal behavior, other
lawsuits, divorces, income tax returns, former jobs and employers
are areas which are routinely discovered during a lawsuit.
Many defense lawyers will intentionally try to shame or embarrass
the plaintiff in an attempt to shift a jury's attention away
from his client's negligence. Most lawyers know that juries
are less likely to award substantial sums of money to people
they do not like. This is why many trials seem to be placing
the life of the plaintiff on trial.
In automobile cases, the choice of whether to institute a
claim must always consider on which party the fault has been
initially placed by the investigating police officer. Moreover,
there are certain legal presumptions that operate to place
fault on one driver or the other depending on how the accident
occurred. For instance, in a rear end collision, there is
generally a presumption that the driver who rear ends another
car is at fault in the accident. Of course, there are instances
in which the preceding vehicle which was rear ended is at
fault. However, the ability to prove fault is a key factor
in deciding how to proceed.
Auto crash cases also should be evaluated by determining
the type and availability of insurance coverages. Certain
coverages apply regardless of the fault of the drivers involved.
Other coverages only extend to the driver not determined to
be at fault. Moreover, if the state in which the accident
occurred requires little or only minimal insurance coverages,
the amount of available insurance may very well be tendered
by the insurance adjuster without the need to file a claim
in court.
Finally, the cost of proceeding with the litigation as compared
to the potential recovery should be considered. If a case
will cost $10,000 to pursue and the available coverage if
the claim is successful is $10,000, the case may not be worth
pursuing. Unless the damages are substantial and clearly above
the available policy limits, most insurance adjusters will
not offer their policy limits in settlement. It is only after
the case is developed, depositions are taken and money is
spent before most contested cases can be resolved.
Unlike most other types of personal injury cases, automobile
accident cases involving injuries are usually worth pursing
with an attorney. This is not because people are rushing out
and filing frivolous claims that get paid. It is more a function
of the insurance adjusters constantly attempting to "low
ball" and mistreat accident victims. Much of the insurance
company's money could be saved by adjusters who fairly compensate
victims well before attorneys get involved. However, the sad
reality is that most people will have to hire an attorney
to be fairly compensated.
The Cochran Firm - Dallas, L.L.P.
Turtle Creek Centre, Suite 1400
3811 Turtle Creek Boulevard
Dallas, Texas
75219
phone:
214.651.4260
| fax: 214.651.4261
Edward H. Moore is Board Certified, Personal Injury Trial Law. Unless otherwise noted, not certified by the Texas Board of Legal Specialization.
The statements and information provided on this web site are for the information of the recipient only. This site is not intended to provide legal advice and no attorney-client relationship should be deemed to arise from the receipt this page and its associated pages. |
Copyright © 2003 The Cochran Firm - Dallas, L.L.P.,
All Rights Reserved.
|
|
