Blog

Wednesday, January 27, 2016

Why Giving a Statement to the Insurance Company after an Accident Can Harm Your Case


Following any type of auto accident, it usually doesn’t take long for an insurance company to get involved. However, insurance companies are not going to be on the side of those who are injured. Their main job is trying to pay out as little as possible. That being said, there are many reasons not to give a statement to an insurance company following an accident.

In the event that an insurance adjustor demands that you give a statement, immediately decline and contact a Charlotte accident attorney. In accidents where you are a victim, you are usually dealing with another insurance company. They do not have your best interest in mind.

Obtaining a recorded statement will let the insurance company know exactly how to prepare a defense. It will also enable them to come up with a strategy that could offer a settlement lower than what you deserve. Giving a recorded statement is basically like showing your hand before you have to.

It is also important to note that not all injuries do not surface right after an accident. If you give a recorded statement and claim no neck pain, but then you start to experience neck pain two days later, your statement will make it appear as though you are lying. That could be extremely damaging to your case.

A statement given to an insurance company or adjustor is not made while under oath. Nevertheless, the insurance company can use that statement against you. Also, remember that whoever is taking your statement has done this before. As you speak, that person will be immediately looking for ways to twist your words to use them against you. Regular people are not accustomed to the intricacies within these kinds of statements.

When you are involved in an accident in which both parties have the same insurance company, you should still be wary. The insurance company may attempt to underestimate the value and basically turn against you.

Insurance companies are also looking to settle as quickly as possible, but you don’t have to submit to their pressure. Personal injury cases can be very detailed so your best move is to plead the fifth when asked for a statement and consult a personal injury lawyer.

If you are injured in a Charlotte auto accident, visit WilliamhHarding.com. It helps to have someone on your side, who will give you the chance to get what you rightfully deserve. The Law Offices of William H. Harding will see you through the entire personal injury process and make sure insurance companies do not take advantage of your claim.

Wednesday, January 13, 2016

What to Expect From a Personal Injury Lawsuit



Personal injuries are common in many auto accidents. These accidents often lead to lawsuits that include several steps that every victim should know. This could make for a lengthy process, so it is important to know what to expect with your personal injury lawsuit.
A way to keep a case out of court is by going through mediation. This is where a mediator or arbitrator will intervene and attempt to resolve the matter. It is not an actual courtroom battle, but that does not mean you should not have a personal injury attorney right there with you. 

 The first thing to know is that an insurance company will always look to settle for as little as possible. Don’t be swayed by their promises as many carriers will look to settle outside of the courtroom for much less than you deserve.


 So what goes into determining how much of a payout you will receive for your personal injuries?

 Actually, there are quite a few factors. There are the obvious factors, such as medical bills and the cost of any physical therapy. Lost wages can also factor in should your injuries force you out of work. A reduced earning potential could also be a result of your injury and that could also lead to financial hardship. Then, there is always pain and suffering to consider. Your accident lawyer will be your biggest advocate and ensure all damages, physical and emotional, are taken into account. 

 When a settlement is finally agreed upon, it is important to note that a victim is not always going to get all of that money. There are taxes to be paid on some of the settlement. You will not be responsible to pay taxes on your medical bills as it isn’t considered to be taxable income. However, pain and suffering falls under punitive damages, which are indeed taxable.

 It is also important to note that not all personal injury cases deal with insurance companies. Some cases deal with individuals, which could make the reality of collecting your settlement a lot more difficult. 

 Just because you win a judgment against an individual, it does not mean you are guaranteed to see all that money. If an individual has limited assets, there is not much that can be done in a way of mandating compensation. If you are going to pursue a personal injury claim against an individual, make sure the individual has enough assets to make it worth your time and effort. 

 When you are injured in an accident and need to file a personal injury lawsuit, contact the Law Office of William H. Harding. With a vast amount of experience in personal injury law, you can finally have the advantage you need to get the settlement you deserve.