The following article will cover:
- Legal considerations and strategies related to pre-existing injuries or conditions in a personal injury claim.
- Clarification on common misconceptions about personal injury claims, such as the impact of property damage claim decisions and seatbelt usage on claim value.
- The importance of consulting an experienced attorney to explore available insurance coverage, determine fault, and develop a comprehensive strategy for maximizing case value.
Can Preexisting Injuries Or Conditions Be Used Against Me In A Personal Injury Claim?
Yes, preexisting injuries or conditions may be used against you in a personal injury claim. Insurance companies often argue that prior neck or back pain indicates that the accident did not cause any additional harm. However, an experienced personal injury attorney can develop a strategy to counter these arguments and help you pursue a successful claim.
My Insurer Already Paid The Other Driver’s Property Damage. Is It True I Can No Longer Make A Claim For Personal Injury, Because The Insurance Agreed The Collision Was My Fault?
No, that is not true. Property damage claim decisions are often based on limited information, and personal injury claims allow for the consideration of more facts and witness testimonies. You may also hire experts like accident reconstructionist to analyze the accident and potentially prove that you were not at fault. It is essential to consult a lawyer in such cases.
Does The Insurance Company Have Access To My Past And Current Medical Records To Determine The Level Of Seriousness Of My Injuries In Washington?
No, insurance companies cannot access your medical records unless you authorize them to do so. It is crucial to consult an attorney before granting access to your records, especially if you have preexisting injuries that could affect your settlement value.
If I Wasn’t Wearing My Seatbelt And Was Injured In An Accident Caused By Another Driver, Will This Hurt My Chances Of Recovering Financially?
No, in Washington, whether or not someone was wearing a seatbelt is not admissible at trial and should not impact the value of your claim.
Is My Settlement Limited To The Amount Of Insurance The Other Negligent Driver Carried At The Time Of The Accident?
No. In Washington, you have the right to recover the full amount of your damages from the at-fault party. However, insurance companies are only obligated to pay up to the policy limit.
If your damages exceed the policy limit, you may need to negotiate with the at-fault party or take the case to trial and obtain a judgment against the at-fault party. It is crucial to consult an attorney early on to explore available insurance coverage and the at-fault party’s assets.
Will The Police Report From My Auto Accident Clearly Show Who Was At Fault?
Not always. Police reports can sometimes contain errors or mix-up facts and eyewitness testimony, leading to unclear conclusions about fault. In Washington, the police report and traffic citations are inadmissible as evidence to prove fault in a car accident.
Is It True That Any Attorney With Experience In Handling Personal Injury Cases Can Represent Me?
While experience in personal injury cases is essential, it is also crucial to choose an attorney with a broad understanding of related legal areas, such as insurance coverage, and trial experience. A
skilled personal injury attorney can identify potential issues early in the case and develop strategies to maximize the case value, resulting in the best outcome for the client.
For more information on the
Role Of Insurance In An Auto Accident Injury Claim, a free
initial consultation is your next best step. Get the information and legal answers you are seeking by calling
(253) 339-8500 today.
