If you receive a call from an insurance adjuster, keep in mind that anything you say can and will be used against you. Even simple answers to simple questions can be misconstrued or taken out of context. It is best to simply and politely inform them that you have nothing to say at this time. Let them know that you are taking all medical advice and following all doctor’s orders and will contact them through your attorney at the appropriate time. They likely will not be happy with this reply and will press for cooperation, but stick to your guns. You are under no obligation to give a statement to an insurance company.
An insurance company’s defense strategy will be to cast doubt on your claim. They will attempt to do this by calling into question that you have injuries and that if you do, they are not as serious as you claim. For this reason, it is critical that you seek medical treatment immediately after any accident even if you feel it is unnecessary or can wait.
It cannot be stressed enough how this can make or break your case. There may be great value in your claim, but recovery will not be possible if you don’t prove it. You may lose all or a substantial portion of your compensation if you fail to seek medical care and follow through with all treatment recommendations, including X-ray’s, MRI’s, operations, medication, therapy, and seeing specialists. Insurance adjusters will be looking for gaps in your medical history to lower your claim, but their strategies will fail in the face of diligent medical care.
The above recommendation to seek and follow through with medical care is of inconsequential value without the documentation to prove it. Be sure to tell your providers everything that you can think of regarding how you are feeling, both physically and emotionally. Don’t assume they will make notes of everything you tell them; doctors are busy professionals who are seeing many patients and are almost always pressed for time. Politely and respectfully remind them that you are relying on the quality of their recorded notes to support your claim.
A great way to prove your diligence is to keep a personal journal of your recovery. Record dates of all appointments, take pictures of any visible injuries and how they change over time. Journal your experience and include notes on any pain you experience, negative emotions, lost income, lost sleep, lost opportunities, and how your experience is affecting those around you, including any loss of intimate relations with a partner.
Depending on the extent of your injuries and the particulars of your case, settling or going to trial will likely take months, not weeks. Insurance adjusters will attempt to settle as early as possible to minimize their payout. Resist the pressure to settle before you have made a full and complete recovery. The attorneys at Titus Law will use their experience and knowledge of the claims process to help you know when it is time to begin and end negotiations with a tough negotiator. They will advocate on your behalf for as long as they need to. Settle in for the long haul, set your mind on patience and recovery, and know that Titus Law has your back.
If it is determined that your case needs to go to trial, the attorneys at Titus Law have an exceptional reputation as aggressive trial attorneys. They will not give up the fight until you are awarded all that you are due under the law allows.