We asked Conte Jaswal Law for their perspective on traffic claims and this was their response.
The answer is no. All personal injury claims in traffic accidents indeed follow some basic “scheme.” But each case is different from the others.
A starting point: have minor or serious damage, the difficulty will always be there. Do not think that by having suffered a cervical sprain, you will get compensated without hitting yourself. Let’s not fool ourselves. You will have other difficulties, but you will have them.
Minor personal injury: either you get paid quickly, or you have to sue the company
There is a belief among many injured by a minor accident that they think that small injuries are paid for quickly and without a problem.
Being purists, we can say that some minor personal injury claims can be collected more quickly and more easily.
This occurs when the insurer accepts the fault, and its reasoned offer is reasonable, or even negotiating a raise is achieved that they recognize all the damages you have had in the loss.
But it happens rarely.
The difficulty of minor personal injuries in a traffic accident is that precisely because they are minor, there are many times that companies minimize them to the point of considering that it is “as if you had nothing.”
In other words, if your car is hit from behind and suffers a few scratches or even hardly that, be prepared for the insurance company to refuse to pay you even a penny of compensation.
Most of those injured in a crash suffer some neck injury. And in most cases, the companies do not pay them.
Despite this, the good news is that in LAWYERS INJURIES, we are legally winning 100% of the lawsuits that we file against insurers for personal injuries consisting of whiplash, lumbar pain, or back pain.
We have already said that companies use statistical criteria to refuse to pay for these types of injuries.
But it has been proven that on many occasions and for certain victims, personal injury to the spine can be very disabling and become chronic, especially when there was a history of previous pathologies.
The consequence? That they lose in the courts, while the injured receives the compensation that corresponds to him.
Personal injury claims in traffic accidents arising from very serious accidents are complex and difficult to quantify. And insurers know it.
This means that, although they admit guilt and are willing to compensate the victim, they are not going to give anything away.
The help of a specialist lawyer becomes essential in these cases.
Not only to demand payments on account to the company, but also to manage all the logistical, treatment, and medical needs that the injured party needs and coordinate all the aspects to take into account (work, family, personal …).
What is claimed as a personal injury?
There are some basic starting points, but from there, each injured person’s circumstances must be taken into account and applied to determine exactly how much can be claimed.
For example, let’s imagine that you are discharged from rehabilitation, but until 15 days, you have not been given an appointment with the trauma to be discharged. The company will not want to pay those 15 days apart, counting only up to the date of your discharge from rehabilitation.
And now, the situation is much more complicated, taking into account the forced stop that many injured with personal injuries in a traffic accident have had in their treatments due to the forced confinement that we have had because of the health crisis caused by Covid 19.
It is easy to imagine that the time the victims have not been able to undergo treatment to heal has harmed their evolution. But it is almost certain that you will have to fight with the companies for this cause, which will try to deduct days of healing for this reason.