If you or someone you love has been involved in a Tennessee car accident, you are aware of how overwhelming it can be. In addition to dealing with physical injuries, you may have numerous financial concerns and could be wondering when you need to hire a car accident lawyer. Finding an attorney to help you every step of the way can make the whole experience a lot easier, particularly if you are going through one of the following situations.
Your First Car Accident
If you have never been involved in an accident, this may be the first time you have had to file a claim with an insurance company. Filing a claim may seem simple, but the reality is that you are not guaranteed to receive compensation, especially if you fail to provide the correct information. Insurance companies are focused on doing what is best for their business and therefore may be looking for ways to avoid paying you the compensation you deserve.
Hiring a car accident attorney will give you the best chance at having your claim approved and receiving a fair amount of compensation. Your attorney will collect evidence from the scene of the accident to help prove the other driver’s negligence and liability. They will also make sure to provide the insurance company with detailed medical records and other documentation to solidify your case. Your attorney can also stop you from making common filing mistakes that often lead to a refusal. If you cannot reach a settlement with the insurer, your attorney can assist you with the legal process of filing a lawsuit.
Uncertainty Regarding Fault and Liability
When you first file a claim, the insurer will determine who was liable for the accident. Liability is based on fault, meaning that the person at fault for what happened is liable for accident-related damages. It may be clear to you that the other driver was negligent, but the other driver’s insurance company may insist that you were the one responsible for the accident and that their driver was not at fault. As a result of this disputed liability, the insurance company may deny your claim. The attorneys at the Law Offices of Ogle, Elrod & Baril, PLLC are very knowledgeable in the field of personal injury law and can help you gather the proof you will need to establish the other driver’s liability.
Insurer Refuses to Pay
In addition to disputed liability, there are many other reasons for an insurer to refuse to pay you a fair amount of compensation. Some of these reasons include:
- Failure to file your claim on time: If you do not report your accident to your insurer in a timely fashion, your claim may be denied.
- Failure to provide adequate medical information: You will need to provide thorough medical records that show your accident-related injuries and illnesses as well as detailed information about treatments you have received. Failure to provide the insurer with detailed medical information may be grounds for a denial.
- Voided insurance policy: If the insurer finds that you behaved negligently behind the wheel, they may deny your claim.
- Failure to seek timely treatment: You will need to prove that you sought medical treatment immediately after the accident. If you waited too long, your insurer may use that as an excuse to deny your claim.
- Pre-existing condition: Your claim denial may be based on the grounds that your injuries or illnesses were caused by a pre-existing condition and are not accident-related. You will need to prove that this is not the case and that your injuries were worsened or caused by the accident in question.
Our experienced attorneys are well aware of all the reasons an insurer may refuse to pay and will present your case in the best possible light to prevent that refusal. If the insurer still refuses to pay a fair amount, your attorney will be ready to take your case to court.
Hiring a car accident lawyer is especially important in accidents involving severe injuries. The severity of your injury is based on the type of injury, recovery time, and cost of treatment. Generally, long-term injuries and permanent disabilities are viewed as some of the most severe car accident injuries. Your attorney will contact physicians who have treated you and prove the seriousness of your injuries. These physicians can also testify to the fact that all the treatments you received were reasonable and necessary. This will ensure that you will be awarded damages to cover your medical expenses.
Significant Wage Loss
If you have suffered severe injuries in a car accident, chances are that you needed to take some time off of work to recover. Generally, serious injuries will require anywhere from a few weeks to a few years off. Those suffering permanent disabilities may never be able to return to work. This can be a major problem, especially when the injured party has medical bills accumulating and a family to support. If you have experienced significant wage loss as a result of your accident, hiring an attorney is essential to ensure that you recover compensation. Your attorney will be able to present pay stubs to show how much money you would have earned if you had not been injured. Your attorney can also calculate your diminished earning capacity and help you recover damages for future income loss.
If you have been in an accident, you need to focus on your physical and emotional wellbeing. Let your attorney help you with everything else. From contacting insurance companies and experts to filing suit in court, your attorney will be there to deal with all the complex issues that may arise throughout the case.
The likelihood of your recovering damages for your injuries will depend on the quality of the case you present. The car accident lawyers at the Law Offices of Ogle, Elrod & Baril, PLLC are known for presenting high-quality cases with credible witnesses, knowledgeable experts, and solid evidence. Contact us today at 865-546-1111 for more information on how we can help with your car accident claim.