Essential Features of Insurance Claim

The insurance claim provides the person that has submitted it with a reason for seeking compensation, following an accident.

Procedure that claimant should follow

A smart claimant should seek the assistance of a personal injury attorney. The claimant’s insurance policy should explain the procedure that needs to be followed. The claim should contain consistent information. If the facts did not agree, then the insurance company would doubt the veracity of the reported allegations. Personal injury lawyer in Newmarket is aware that each submitted claim ought to include information on the other party. That should be obtained during the minutes that have followed the collision.

Adjusters pretend to have medical and legal knowledge.

In that way, adjusters seek to limit the size of any payoff. An adjuster might use a statement from one of the insurance company’s lawyers to create an appearance of legal support for the same adjuster’s opinion. An adjuster that had learned about a claimant’s previous injury, or pre-existing condition could also try to convince the claimant/plaintiff that he or she should have been wearing some type of protective gear, at the time of the collision.

Lawyers that have ready access to medical experts are better prepared for fighting allegations about the type of gear that a given client should have been wearing. Someone in the medical field might be able to say whether or not the adjuster’s claims were believable.

A plaintiff’s pain journal could present a challenge to the adjuster’s argument.

A journal or diary could be used to rate each painful sensation. It would help to use a rating scale similar to the one used by hospitals. There, a mild pain gets a rating of 1, while the most severe pains get a rating of 10.

The diary/journal could also give a description of each pain

—Some pains create a burning sensation
—Some pains produce a throbbing sensation.
—Some pains seem to pulsate, while others might come and go in an unpredictable manner.

A useful account of pains should include specifics, such as the date and duration for each painful sensation.

The comments in a pain diary/journal ought to include some information on the nature of the activity that seemed to trigger the painful sensation’s appearance.

A patient with a given condition develops a marked familiarity with the same condition. Evidence of that familiarity should reduce any feelings that members of the jury might have, regarding the veracity of an adjuster’s comments.

A good attorney should understand how to make use of any influence on the jury’s decision. Of course, no plaintiff or defendant has the right to tell a witness what to say under oath. Still, any witness has the right to refuse a request from an adjuster.

More to explorer

Value of Witness Statement

A witness can state facts about what took place before, during and after the accident. The account of an eyewitness holds the

BPC Law

BPC Law