If you have suffered injury as a result of an automobile collision or a slip and fall accident, you have sustained what is called a personal injury. Just because an injury occurs, does not necessarily mean that someone was negligent and should therefore be responsible for your damages.
In order to prove that another individual or corporation was negligent, you must show that four factors are present: Duty, Breach, Causation and Damages. These are issues that insurance companies look at when evaluating and potentially denying a claim.
After a collision occurs, the injured person should do their best to obtain as much information about the collision as possible. This includes the names, addresses and phone numbers of any witnesses to the collision, photographs of the scene of the collision, and any other information which may seem important at the time.
Listening to your body and seeking any necessary medical treatment is also very important following a collision. The longer one waits to seek medical treatment, the more questionable one’s claim becomes for the insurance company.
If negotiations with the insurance company are unsuccessful and you are forced to file suit, an injured person is entitled to seek compensation for all damages they incurred.
It is important to begin handling your case from day one as though it will be taken to trial, although most cases are able to be settled short of litigation. That is why retaining an experienced trial attorney as soon as possible after a collision occurs is the best course of action.
Staci Hartman-Nelson lives in the Omaha Metro area and represents injured people across the entire State of Nebraska and Iowa.
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