Who’s At Fault in a Car Accident? A Guide to Liability in Ohio
Posted in: Car Accidents
KNR Legal Blog
Auto accidents happen unexpectedly, leaving victims scrambling to deal with medical issues. While getting medical attention immediately is always advisable, if you’re considering legal action to recover compensation, the questions and answers you get from your doctors could be particularly beneficial.
Understanding your injuries following a car wreck and their impact on your daily life can affect the compensation you’ll receive. Here are the questions an injury victim or family member should ask to maximize compensation.
First and foremost, learn the extent of your injuries. Some injuries, like whiplash or internal bleeding, may not be immediately evident post-accident. Likewise, the type and severity of car accident-related injuries significantly influence the value of a claim.
Severe or permanent injuries typically result in higher compensation than minor, temporary ones. A clear diagnosis provides a foundation for your claim, showcasing the harm you endured.
Your recovery time also affects the value of your car accident claim. The next question you should ask your doctor is, “How long is the expected recovery?” and “Will I have any permanent limitations or disabilities?”
A longer recovery might mean more medical bills, prolonged suffering, and extended time away from work.
The liable insurance company is counting on you not thinking about follow-up appointments or surgeries you’ll need later. But these costs should be part of your claim.
Ongoing treatments like physical therapy, surgeries, or long-term medications can add up. When your status is stable, ask about future surgeries or treatments that might be necessary. Your doctor’s answers can help gauge both current and future damages.
Lost wages are a significant portion of many injury claims. If your injury prevents you from working, temporarily or permanently, it’s crucial to factor this into your claim. Moreover, if your ability to progress in your career has been hampered, you might also be eligible for compensation for lost earning capacity.
Physical injuries often accompany emotional distress, depression, or anxiety, especially in traumatic events like car accidents. Although harder to quantify, non-economic damages are equally valuable.
Depending on the severity of the accident or your injuries, you may want to ask medical professionals the following:
Proper and detailed medical records provide evidence of the severity and nature of your injuries. This helps establish the damages you endured and link them directly to the accident.
Ask for a detailed medical report of your injuries and treatment plan. Also, document everything you can on your own. Medical reports, prescription receipts, therapy sessions, and even mileage for medical-related travels can all contribute to your claim.
A second medical opinion can solidify your claim. It can also uncover overlooked injuries or provide a clearer prognosis, which can affect your compensation.
Your injuries may rise to the level of requiring specialized care, such as from a neurologist or spinal cord expert. So, once you’ve visited your primary physician, inquire about the need to be referred to a specialist or other medical professionals.
Activities that could exacerbate your injuries might harm your health and claim. Insurance companies or opposing parties might argue that you’re not as injured as you claim if they find evidence of you engaging in physical activities too soon.
Here are a few questions about how a car accident will negatively affect daily life:
The pain and suffering you endured are part of your non-economic damages. But they can be tricky to quantify. You should ask about keeping a daily journal detailing your pain levels, emotional states, and any activities or experiences you miss out on. This diary can serve as evidence of the toll the injury takes on your life.
If complications arise, you might require more medical treatment, thus increasing expenses. This can further amplify the total compensation sought. An insurance adjuster may also dispute the connection between your accident and a worsening condition. By understanding what to expect, you can better prepare and hopefully avoid aggravating your injuries.
Here are a few questions that may help you learn more about possible complications:
While your doctors will focus on your immediate and long-term health, they also deal with insurance providers and healthcare systems daily.
Proactively inquiring about anticipated treatment expenditures, potential hidden costs, and any known insurance-related hurdles can be instrumental in ensuring you’re financially prepared. For instance, if you’re recovering from a major surgery, you might ask, “Given the nature of my injuries, what kind of financial commitment should I expect, and are there any common insurance pitfalls I should be aware of?” This can help unearth valuable insights to prevent setbacks.
Seeking compensation for personal injuries can feel challenging. However, you can better navigate the claim process with the correct information and a clear understanding of your injuries.
Each case is unique, and the guidance of a personal injury attorney can provide invaluable insights. After you secure medical treatment after a car accident, your next call should be to an experienced lawyer. They can help you ask the right questions and take the necessary steps to secure all the compensation you deserve.
Kisling, Nestico & Redick have been helping people through the insurance claim process and securing maximum compensation for over 15 years. Call 1-800-HURT-NOW or submit a request for a free, no-risk consultation.