Salerno & Leavitt
Financially Recovering From Injuries With A Personal Injury ClaimIn this article, you will learn…

  • How to leverage your insurance policy coverage for underinsured or uninsured motorists.
  • The importance of having an attorney on your side even when you think the fault is clear.
  • The importance of following all medical treatment recommendations from your medical provider

I Was Injured In A Car Accident Near Omaha, Nebraska, And Was Hit By An Uninsured Or Underinsured Driver. Do I Have Any Chance Of Recovering Financially From My Injuries In A Personal Injury Claim?

When somebody lacks insurance or only has the minimum statutory insurance coverage, it is very likely that the injuries they cause will amount to more than the insurance coverage available from the underinsured carrier.

The individual who suffers the injuries will often have an auto policy of their own and they would also be able to recover under the underinsured or uninsured motorist portion of their own policy.

It is important to recognize that you may need the additional coverage from either the underinsured or uninsured portion of your own policy, as many individuals that cause accidents are driving with very low insurance coverage, or none at all.
To protect yourself, you should purchase the larger policy limits of the uninsured or underinsured insurance, and then your attorney can pursue that additional coverage on your behalf.

When you accept the low limits from the person that caused the collision, there will be certain steps that have to be taken or you will lose the opportunity to pursue your underinsured motorist coverage in the state of Nebraska.

So, if you’re involved in an accident with somebody with low insurance limits or no insurance at all, please talk with an attorney about the situation and they can direct you through appropriate steps toward financial recovery.

If It’s Clear The Other Driver Was At Fault, Do I Really Still Need To Hire A Car Accident Personal Injury Attorney In Nebraska?

Sometimes it appears to be clear who is at fault at the scene of the collision, which can lead to not getting the contact information of any witnesses. There are many times, however, that the person who was at fault will change their story or begin to claim the victim of the collision bears some burden of fault for the collision at the time a claim is made. It’s important to discuss your collision even when it appears that there is no question about who was at fault, especially if any injuries have been sustained by any parties.

How Important Is It To A Personal Injury Case That The Injured Person Seeks Medical Treatment Or Attention As Soon As Possible Following The Car Accident?

Some issues that can arise from not seeking medical treatment or attention following a car accident are:

  • Injuries can become worse over time;
  • Delay in treatment could result in making the road to recovery more difficult;
  • A doctor may not be able to link your injury to the collision;
  • Lacking a doctor’s testimony of the severity of your injuries could negatively impact your claim;
  • And more…

Seeking medical treatment as a precaution is essential to ensuring you are documenting the extent and severity of your injuries…
Sometimes individuals think that they will just bounce back and that a minor injury won’t turn into anything of consequence.

Occasionally, that will be the case. However, many times the trauma results in something that disrupts their life and can become a persistent problem for months, years, or even the balance of their lifetime.

Financially Recovering From Injuries With A Personal Injury ClaimWhy Is It Important To My Car Accident Personal Injury Case To Be Following My Doctor’s Orders, Not Missing Appointments, And Completing Any Prescribed Treatments For My Injuries?

Anyone who suffers an injury is required by law to try to minimize the impact of their damages. This is called the mitigation of damages.

Some factors that the defense attorney and an insurance company can use to show that the injured person is to blame for the extent of their injuries are:

  • Ignoring doctor recommendations
  • Failing to follow up with appointments
  • Not taking recommended medication
  • Missing doctor-prescribed physical therapy

It is not unlikely that an insurance company will argue that if you were truly injured, you would have followed the doctor’s advice and sought out the recommended treatments.

Additionally, you could be accused of exaggerating your claims if you don’t follow the doctor’s recommendations and later try to assert that…

  • The injuries are significant
  • The injuries have consequences in performing the activities of daily living
  • The injuries have adversely impacted your job performance

You may even be accused of lying about the problems because you didn’t demonstrate the fact that these injuries were significant enough to even justify going to the doctor or following up on recommendations.

In short – if you don’t follow your treating doctor’s orders or you miss appointments, this will have an adverse effect on your claim.

For more information on Auto Accident Cases in Nebraska, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 704-4593 today.

Salerno & Leavitt

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