You have just been injured in an accident and you are wondering what steps you must take in order to recover the money you have spent on medical bills and the time that you have missed from work. In order to get the money to which you are entitled, it helps to understand the process of getting paid by an insurance company.
Different types of Injury Claims
There are several different types of personal injury claims a person can make. They depend upon where and how the accident occurred.
Slip and Fall
If you have been injured at a business that you were visiting or patronizing, or if you were injured in a private home, you may want to file a slip and fall injury claim. This type of claim is filed when a person has been injured due to the negligence of the custodian of the property, whether that’s an owner or renter.
If you file an insurance claim against a business in a slip and fall case, you will have to clearly establish negligence on the part of the business. Establishing negligence can be tricky. You must prove that the property owner did not take the precautions that a reasonably prudent person would under the same circumstances.
The insurance company may ask how long the hazardous conditions had been present, if there was a justifiable reason for the hazardous conditions, and if there was any way that safety precautions could have been taken to reduce those hazardous conditions. They will also want to know if you were at fault in any way. Were you distracted? Were you talking on your cell phone? Were you running or in a hurry at all? These things can have an impact on your case.
When you have an automobile accident you want to make sure to save every bill you get that can be associated with your injury. You want to get an accident report and collect the names of any witnesses. If you have missed work due to your injury, you should get documentation of the hours you have missed from your corporation’s HR director.
The responsible insurance company is going to look for some culpability on your part. They will want to know how fast each driver was traveling and if they were wearing seatbelts. Even if the other party is clearly at fault, they are going to ask if you were on your phone or if you had any other distractions at the time. They will ask you about weather conditions and if you were wearing a seatbelt. They will ask you if they can record the call, but you are under no obligation to let them do it. If you are the victim of an injury, you have rights. Contact a car accident lawyer before answering your insurance company’s questions.
You will file a worker’s compensation claim if you are injured at work. Generally, any company that has employees working for it is required to carry worker’s compensation insurance. When you are injured at work you want to make a report to your human resource department as soon as possible. Different states have different deadline requirements for getting in a claim. You will then visit your doctor who will give you a written report about your injury.
Once you have been to your doctor, your employer is obligated to give you all the necessary paperwork to fill out for your insurance claim. You will then start receiving benefits such as medical expenses. You may also receive up to two-thirds of your salary while you are unable to work. If the insurance company tries to deny your benefits, or if you think you should be getting something more, a good personal injury attorney can advocate for you.
Contacting your Insurance Company
When you file an accident claim, the insurance company will have a certain number of days to acknowledge the claim, they will then have a certain number of days to offer you a settlement. If you take the settlement, they will have a set number of days to pay you. The actual number of days that they have depends on your state.
Getting a Settlement Offer
Never take the first settlement offer an insurance company gives to you. An insurance company’s entire system is designed to give you as little of your money as possible. You should always consult with an attorney first.
Finding an Attorney
1800-Injured can help make the accident claims process go smoothly by connecting you with a qualified lawyer. Contact us today to discuss the details of your accident claim with a network attorney. Time may be critical. Don’t delay.