When you have suffered a personal injury, the responsible insurance company takes a number of things into account when determining the amount they will offer as a settlement. If you do not think the amount offered is sufficient for the pain and suffering you have experienced, hire a personal injury lawyer in Plainfield NJ to advise you and stand up for your rights.
Insurance companies will demand that proof of fault be shown; this fault can be intentional or unintentional. There are some personal injuries where fault does not have to be established, it is a foregone conclusion, such as a dog bite when the animal is not on a leash.
Most personal injuries are the result of negligence and the insurance company will attempt to claim that the person seeking compensation was also negligent and their client also has the right to counter-sue. Often there is joint fault and the claimant’s award will be reduced by the percentage of blame attributable to the injured party. This is one area where there is bound to be dispute and you need a personal injury lawyer in Plainfield NJ to argue on your behalf based on the information he has gathered during his investigation.
There are several factors when evaluating the injury:
1. The damage to the vehicle, if it was a car accident, is a good indication of the force of the collision. Usually there is a direct correlation between the damage to the vehicle and the injuries to the occupants. When there is little apparent damage to the vehicle the insurance company will refuse to pay for a claimed injury.
2. Pain and suffering is subjective and scrutinized by the insurance company. Any pre-existing injuries or illness, claims from the past and the claimant’s medical history are all taken into account. The credentials of the medical personnel and their opinion of the extent of permanent injury and the future physical and emotional capacity of the injured party are weighed. The victim must be in a position to defend the claim with complete documentation.
3. The amount of the medical claim must be supported with full documentation and be itemized. The amount that is claimed may or may not be agreeable to the adjuster, if he feels the amount claimed is excessive, your personal injury lawyer in Plainfield NJ will once again, intervene on your behalf.
4. Loss of income claims must be substantiated with affidavits from the injured party’s employer and at time, expert opinions must be rendered, especially when the claim is for full disability for life. In some cases, the insurance company will demand evaluations from rehabilitation psychologists as well as vocational experts.
In many cases, the reputation of the personal injury lawyer in Plainfield NJ has a lot to do with how the adjuster will react. If the lawyer is known to be successful in supporting his client’s claims in court, an out of court settlement is often reached.
