While these factors seem trivial, they all have the power to change settlement trajectories.
Memphis car crash settlements usually hinge on typical variables like property loss, medical expenses, and lost wages. However, less typical variables can sometimes make a huge difference in the outcome of your case. Knowing these variables puts you in a better position to deal with the claims process and secure a fair settlement.
The Strategic Influence of a Car Accident Lawyer
An important thing that people often overlook is the importance of hiring an experienced car accident lawyer. A good Memphis car accident lawyer doesn’t simply handle the paperwork, but they do their best to catch all the little details that make your claim worth more.
For instance, local attorneys know Tennessee’s modified comparative negligence rule, which bars recovery if you’re 50% or more at fault. This expertise helps them manage insurance arguments about shared fault, so you don’t end up with a smaller payment than you deserve.
Surprisingly, a lawyer’s ability to interpret medical records can also sway settlements. Consider a scenario where a pre-existing back injury is aggravated in a crash. Insurance adjusters may argue the injury predates the accident, but an experienced attorney can work with physicians to prove how the collision worsened the condition.
Underestimating Pre-Existing Conditions
Many people are of the view that they don’t qualify for compensation if they have a pre-existing medical condition. That’s not true and can cost them thousands. The truth is that Tennessee law lets you file a case even if you have a pre-existing condition and an accident makes it worse. Be sure to validate your claim with medical documents and evidence.
For instance, if you have been suffering from mild arthritis for years but it becomes debilitating after a rear-end collision, your lawyer can still argue for compensation. However, the difference is that they will get you compensated for the “worsened state”.
You need to bear in mind that insurance firms can take advantage of your ignorance about how to approach a pre-existing condition. Your lawyer can definitely help you prove with testimony that the crash aggravated your symptoms. To avoid any complications, it’s important to disclose all pre-existing conditions to your attorney immediately after an accident. If you conceal them, you may lose credibility if it’s discovered later, allowing insurers to use it to undermine your entire claim.
The Domino Effect of Delayed Medical Treatment
Waiting even for a few days to seek medical attention can cause irreparable damage to your settlement potential. Delays are taken as proof that injuries are not serious, even though some conditions such as whiplash or internal bleeding may take days to manifest.
For instance, a Memphis motorist who waited seven days to see a doctor for a sore neck can be held liable for “injury fabrication”, reducing their settlement in half. Timely medical documentation is vital, as it leaves a dated paper trail that directly links injuries to the accident.
Delays also make it difficult to establish long-term effects. When you’re diagnosed with chronic migraines several months following a crash but don’t have past medical records, insurers can say the migraines are caused by other factors unrelated to the accident. Get an appointment even when you’re not ill, and retain all subsequent appointment records. This proactive work fortified your attorney’s position to justify future medical expenses during settlement proceedings.
Endnote
While these factors seem trivial, they all have the power to change settlement trajectories. Keep in mind that insurers just don’t want to pay; it’s your attorney’s job to highlight all the facts for the best compensation. By confronting these unexpected variables directly, you can turn latent weaknesses into actual strengths, ensuring not only financial recovery, but peace of mind as well.
Join the conversation!