Personal injury lawyers do not encourage their clients to engage in negotiations before each and every victim has arrived at the point of maximum medical improvement (MMI). Sometimes the lawyer’s advice could invite certain questions from an uncertain client.
How soon should an injured victim notify the defendant’s insurance company about plans to file a claim?
Smart victims notify the insurance company of the allegedly responsible party just as soon as possible. That quick response increases the victim’s chances for getting a fair compensation.
If it were to appear that a governmental body could be held accountable for the accident, then the claim would need to be filed before a posted deadline, the one that had been established by the state in which the accident took place. A personal injury lawyer should be able to find the exact deadline. It normally falls somewhere within an interval of 30 days to one year.
What actions should an injured victim take, if he or she intends to file a claim?
The primary action would involve seeking medical help within the 24 hours that has followed the accident. Of course, in cases where a victim has suffered a slow-to-appear condition, a lawyer should be able to help with explaining the reason for a delayed claim.
Soon, after arriving home, or after reaching a recovery site, such as a hospital, the victim should record everything that he or she was able to recall, in relation to the circumstances of the accident. If possible, he or she should start a journal or diary. That could serve as a source of information on the nature and length of each painful sensation, which was felt during the victim’s recovery.
Prior to negotiations, an accident victim is apt to have multiple conversations with lawyers, adjusters and others. Smart victims make a point of taking notes during each conversation. Naturally, any email message to or from a lawyer, adjuster or other concerned party should be saved, as well.
The preservation of evidence is essential. Any photographs should be dated, so that it is obvious when the photograph was taken. Sometimes, it also helps to note the time of day, when the photographer snapped the picture.
If the victim had obtained the names of a few witnesses, then each of them should be contacted. Ideally, each of them should share with the victim their perceptions of what took place at the time of the accident.
Perhaps, by working with a personal injury lawyer in Mississauga, the victim/client could identify more than one party that might be held responsible for the unfortunate event. In that case, each such party ought to receive a notification of the client’s plans, regarding the filing of a claim.