If someone has caused you to suffer certain damages in an accident, does it make sense to file a personal injury claim? An answer to the questions reviewed in this article shed some light on that topic. Each of them can help with finding the logic, if any, behind filing a personal injury claim.
Do you have a valid claim?
Did you sustain serious injuries? Would the serious nature of those injuries be evident to any physician that examined you? Would you expect your injuries’ presence and severity to be noted by a doctor that was conducting an independent medical exam (IME)?
Have all your losses been paid for? Have all the financial consequences of your accident been addressed by the promised compensation?
If you were awarded a settlement, would that awarded money be taxable?
If you were reimbursed for lost income, the money that served as reimbursement would be taxed. If you were awarded any punitive damages, that money would also be taxed.
Can you keep your medical information private?
Your claim will have no basis, if you lack any information that can prove the creation of an injury by the accident that was caused by the defendant’s actions. If your claim fails to have a basis, you have little chance for winning your claim.
You do have the ability to put restrictions on the sort of information that the insurance company can seek to obtain, as it goes about examining your medical records. You can grant that company permission to look at only those files that relate to the accident-associated injury.
Do you have access to insurance that can compensate you fully for your injuries?
What is the monetary limitation on your insurance policy? If you were to take the full amount allowed from that policy, would that amount cover your medical expenses, your lost earnings and the estimated dollar value of your pain and suffering? If your insurance did not cover your damages, then you would need to consider a lawsuit, as a way to collect more money.
If you were to file a lawsuit, what effect could that have on your privacy?
Prior to the discovery session, the attorney for the defendant feels obligated to seek a way for disproving the allegations against his client. In order to seek facts that can disprove those allegations, the defendant’s attorney has a right to investigate each of those allegations.
Those allegations against the attorney’s client were made by your injury lawyer in Moncton. In an effort to refute those allegations, the defendant’s lawyer has the right to conduct an investigation. Legally, the scope of that same investigation does not have to demonstrate any level of respect for your privacy.