COVID-19 Update:
Injury lawyer Doug Horn offers free phone and video conference consultations to help those who are currently dealing with claim adjusters.
Here are some tips that will help you get the claim you deserve. We want you equipped to receive fair and full insurance settlements for your injury claim.
- Proving Your Claim
Proving your injury claim means providing the insurance claims adjuster with evidence of every single item of “damages” that you expect to receive reimbursement and compensation for. This is also what is required to prove your case in court. Most often, the best evidence is documentation. I can help alert you to the documentation that is required to prove up your claim.
There is important evidence beyond documentation. Testimony of health witnesses is one of the best ways to prove your claim. Health witnesses are people who have observed you and are able to give reliable information about how the injury has affected your ability to get along in your daily activity. Many times, a co-worker is the best type of health witness. I routinely use health witnesses to get the best results for my clients. There are other types of health witnesses, but as a general rule, I would avoid family members to serve in that capacity. I can give you guidance when we talk.
- Negotiation Pressures
Under no circumstances do you want to begin negotiations before you have been released from your doctor. Many times, adjusters want to pressure you into an early settlement. I can help guide you on some of the principles of negotiating an injury claim. Please talk to me to review any offer you receive from a claims adjuster. This is important because you are only entitled to one settlement, so it better be right.
- Head, Neck, and Back Injuries
Ordinarily, head, neck, and back injuries are going to require some type of rehabilitation treatment in order for you to make the best possible medical recovery. Remember, your health is important, and you should be receiving the best possible medical care.
A good deal of the cases I handle are related to head, neck, and back injuries. Let’s take a closer look.
With a head injury (possibly a concussion), an evaluation from a concussion specialist may make sense depending on the severity and duration of symptoms. If symptoms go away quickly, within a few days, you will want to check with your doctor to take smart precautions. However, if the symptoms are more pronounced, a concussion specialist examination can be important. The concussion doctor can make recommendations and closely monitor symptoms.
We all know now that concussions can have lasting effects, and it is better to be safe rather than sorry. I am handling a great number of cases that involve concussions. Frankly, doctors are diagnosing concussions more than ever. If you have suffered a concussion in an accident, let’s talk about the specifics. The first priority is your medical recovery.
As it relates to the legal recovery, medical documentation is going to be key. Remember, evidence is what drives a fair settlement offer in a concussion case.
Shifting gears, let’s talk about neck and back injuries. About the only way I can prove a sudden onset of neck or back injury is by having special medical evidence. That special evidence is radiology. When I look at x-ray films of someone who has suffered a neck or back injury, I am looking for something called vertebral misalignment. I won’t get into the details, but this is critical evidence for me and the claims adjuster.
The reason why I bring this up is that many people who have suffered a neck or back injury never get x-rays, and if they do, the x-rays are read as normal. This can be a crushing blow to getting a fair and full settlement. I can’t emphasize enough how important medical evidence is in an injury claim.
Here’s a bonus tip.
Recovering “Continuing Damages”
Nearly every injury case I handle involves “continuing damages.” These are the longer-range damages people suffer due to a traumatic injury. You may not think about this a lot, but I do. I know firsthand that, even though my client has reached maximum medical improvement and is done with treatment, they still are experiencing a loss in their mobility, freedom of movement, and a general loss in quality of life. People don’t often take into account how important quality of life is until they lose it.
This is different in each case, but it is something I want to stress when it comes to getting every dollar in your claim. Insurance companies DO recognize that injured people do continue to feel the effects of injury way beyond the end of treatment.
In serious injury cases, the monetary amount for continuing damages can be extensive. But these damages are reasonable when you consider an injured person is going to have to live the rest of their life managing the injury.
For more information about obtaining fair injury settlements, give me a call at (816) 795-7500. Tell us about the reason for your call, and we will do our best to put you on the road to recovery.
About Horn Law
The Horn Law Firm, P.C. is a Kansas City-based personal injury law firm that is dedicated to obtaining fair and full settlements and awards for the injured, including reimbursements and compensation that pays them for past, present, and continuing damages that follow a traumatic injury.
Horn Law is a rapid response injury law firm, handing cases in Missouri, Kansas, and across the Midwest.
The firm is led by Attorney Douglas R. Horn (founder) and Attorney Laurie L. Del Percio.
