3 Situations You May Face After Being Injured in a Car Accident
Being injured in a car accident is a scary experience. In addition to the pain, it can also cause anxiety and fear, especially when in a car. Anxiety is just one thing you may not be prepared for after a car accident.
Photo by Michael Jin on Unsplash
Here are several unexpected situations you might face.
- Losing your claim
When you’ve been injured in a car accident, losing your claim is the last thing you’ll expect. Unfortunately, claims are denied frequently, even when they’re valid. For example, common car crashes like head-on collisions and side-impact crashes can cause serious injuries like whiplash, soft tissue injuries, traumatic brain injuries, and spinal cord injuries.
Why are claims denied?
Sometimes claims are denied for a lack of evidence or the insurance company claims the victim waited too long to seek medical care, claiming they aren’t really injured.
However, some injuries don’t become apparent for days or weeks, as is the case with some TBIs. It takes time for the brain to respond to head trauma – you won’t always see the impact immediately, even with scans and tests.
For example, you won’t see immediate signs if a TBI causes a subdural hematoma, which accumulates fluid around the brain over time. However, once the effects of a TBI become noticeable, they tend to worsen quickly.
Other injuries that take time to show up include internal bleeding and bruising, concussions, neck injuries, PTSD, soft tissue injuries, and whiplash.
If your claim is denied, appeal the decision
Thankfully, a denied claim isn’t the end of the road, especially when you have a valid claim. You can appeal a denial and increase your chances of winning with the help of a personal injury attorney.
Sometimes claims are denied for technical reasons like a lapsed policy, policy exclusions, or not enough coverage. However, if those situations don’t apply to your case, you can appeal your denial.
- The decision to hire an attorney
Sometimes it’s not always obvious that having an attorney is necessary. Many people think it’s going to be easy to win their case by representing themselves, only to realize the need for a lawyer before too long.
Navigating the legal system is confusing when you aren’t an attorney, and making mistakes can cause you to lose your case. You might win your case pro se, but you’re unlikely to recover the full amount of compensation you deserve.
Having an attorney is actually the best thing you can do to win your case. For instance, without legal representation, you might only try to recover damages to cover your medical bills. However, there are additional types of compensation available that are much easier to win with a lawyer.
- Your case might go to trial
Most injury accident lawsuits settle out of court. This makes the most sense for all involved considering the cost of a trial is enormous in both dollars and time. Everyone, including the insurance company, has every reason to settle. However, that doesn’t always happen.
When an insurance company doesn’t want to pay out on a claim, and they aren’t happy with the settlement negotiations, they sometimes refuse to settle and take their chances at trial.
While your case is most likely to settle out of court, be prepared to go to trial if you go up against a stubborn insurance company. If that’s the case, it will cost more to go to trial. However, if your lawyer believes they can win your case, they’ll also ask to be compensated for all legal fees. In this case, the other side will have to pay your legal fees if you win, which means you won’t have to pay your legal fees out of your settlement money.
If you were legitimately injured in a car accident, a jury is probably going to award you compensation, unless there are circumstances that make you completely at fault for your injuries. For example, if you were driving drunk and someone else hit you after you ran a stop sign, you probably won’t get much compensation.
So, be prepared to go to trial if there are circumstances that make your injuries questionable to the insurance company.
Be prepared for anything
From random onset of anxiety to having your claim denied, be prepared for anything to happen. Hopefully, you have a lawyer who can help you prepare for predictable situations.
Author: Anna Johansson
