Chances Of Winning A Personal Injury Lawsuit
It sure seems like a cartoon sound effect of a cash register dinging should be the only soundtrack to all the lawyer commercials that wallpaper tv. According to those ads, you can go ahead and buy a yacht with a personal injury settlement, whether your case involves a soft tissue injury or a broken leg. In actuality, winning a personal injury lawsuit is not quite that simple.
Winning a personal injury lawsuit ultimately means forcing an insurance company to do the right thing. This alone is an uphill battle as you are never in good hands. You win a personal injury lawsuit by doing at least three things: listening to your doctors, telling the truth, and retaining excellent counsel.
When you seek medical care after you are hurt in a collision or other event—you should do so immediately— and listen to your doctor’s instruction. They may recommend seeking care from a specialist. They may recommend physical therapy. Your doctors put together a medical treatment plan intended to get you better as soon as possible. In order to do your part in getting better as soon as possible, you need to follow that treatment plan. This is also important so that the insurer can’t argue that you didn’t follow up with a doctor, didn’t comply with a direction from a doctor, or generally failed to do everything you could to heal. Insurance companies hate when you take this argument away from them.
Every time you go to a doctor, you are required to provide a “history of present illness” and a history of your health before the injury occurred. If you have a bad back before someone else ran a red light and hurt it worse, tell the doctor that you had a bad back. Be open and honest about prior issues you had, but be just as open and honest about how the collision changed that pain—whether in intensity, frequency, or location. Be completely truthful with your doctors. If you do this, insurance companies can’t use the medical records against you and they hate that even more than when you follow your doctors’ instructions.
Finally, retain excellent counsel who will not just focus on taking their fee. You need a counselor as well as an advocate to help you navigate the healthcare process, the claims process, and the litigation process if it comes to that. Johnson & Alday works with you and your doctors to make sure that we’re doing everything in our power to make sure you win.