Personal Injury Claims – Major Misconceptions

by | Last updated on Aug 23, 2023 | Published on May 3, 2023 | Medical Record Review

Personal injury cases involve many different considerations such as – Statute of Limitations, Liability, and Burden of Proof. Statute of Limitations generally requires a claim to be filed within two years of the accident or incident. Liability is another key consideration, as personal injury victims seek to hold the defendant financially accountable, and liability may be shared if both parties are at fault. Additionally, the burden of proof lies with the victim, who must meet the “preponderance of the evidence” standard, which is easier to prove than the “beyond a reasonable doubt” standard used in criminal trials. Personal injury attorneys can consider using medical record review services to review even large-volume medical records and prepare the required medical summary that can help understand the case.

There are many misconceptions surrounding personal injury claims, which may involve complex and sensitive legal matters.

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Major Misconceptions Related to Personal injury claims

Here are some of the major misconceptions:

Personal injury claims are frivolous: This is far from the truth. Personal injury claims arise from accidents or incidents where someone is injured due to the negligence of another party. In such cases, the injured party has the legal right to seek compensation for their losses, including medical bills, lost wages, and pain and suffering.

A personal injury claim will take too long to resolve: The fact is that the time it takes will change depending on the specifics of the case and the complexity of the claim. While a wrongful death or serious personal injury lawsuit can take 3 to 5 years to resolve, many other personal injury claims are settled out of court, avoiding time-consuming trials entirely. Personal injury claims can sometimes be handled rather quickly, if the attorney gathers all the important details of the case with proper medical records analysis and get it put through the court as soon as possible so that you can get your settlement quickly.

These claims are always settled in court: The majority of personal injury cases are resolved through settlement negotiations rather than trial, although some do proceed to trial. With the assistance of an experienced personal injury attorney, clients can often receive a fair settlement without having to go through the court process. To achieve this, law firms investigate the incident, gather evidence, and determine a reasonable compensation amount. They then present this information to the insurance company in a demand letter. In the event that a settlement cannot be reached through negotiation, a lawsuit may be filed and lawyers may use medical record review companies to prepare the case for trial, which can often result in avoiding the need for court involvement altogether.

Personal injury claims are only for physical injuries: Personal injury refers to a legal claim of harm to one person that was caused by someone else’s negligence or other misconduct. These damages do not have to be physical, and may include pain and suffering or damage to one’s reputation. It can also be emotional distress, psychological trauma, and other non-physical injuries resulting from an accident or incident.

A lawyer will complicate the claim: There is a common belief that lawyers make situations more complex than necessary, and that reasonable people can resolve issues on their own. However, when an accident caused by negligence results in injuries, the situation is already complicated. Injured parties have to seek the assistance of an auto accident attorney to protect their rights and interests. In fact, having a lawyer on your side can simplify matters for you. Personal injury law can be complex, but an experienced attorney will handle the legal aspects from the start, allowing you to focus on recovering. A skilled personal injury lawyer will assess the full impact of your injuries and ensure you have adequate medical documentation to support your bodily injury claim and any future projected needs. While building a strong case may take time, it can significantly increase the amount of compensation you are able to recover.

Anyone can file a claim at any time: Fact is that there’s a limit to the amount of time you have to file a claim. There is a statute of limitations for personal injury claims. This is generally three years, which varies based on the rules of each state.

Personal injury claims are easy to handle on your own: While it’s possible to handle your personal injury claim on your own, an experienced personal injury attorney can significantly increase your chances of success and ensure that you receive fair compensation for your injuries. An experienced attorney will have in-depth knowledge of the law and the legal process, which can be critical in maximizing your compensation. They have a thorough understanding of the procedures involved in filing a claim, gathering evidence, negotiating with insurance companies, and, if necessary, taking your case to trial.

Attorneys require accurate medical records review to get the right information and prove negligence of the other party.

Seeking specialized medical review services to support your personal injury case?

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While it is true that some personal injury cases go to trial, the majority are settled out of court through negotiations between the parties involved. An experienced personal injury attorney may be able to negotiate a fair settlement for their client without the need for a trial.

Most personal injury claims are settled without the need for a trial. Law firms investigate the accident, gather evidence, and determine a fair compensation amount. Then they send the insurance company a demand letter that spells out what they believe their client is owed based on the medical and other evidence.

If the claim cannot be settled this way, a lawsuit will be filed, taking the case to trial. Lawyers take support from medical record review companies to prepare each claim fastidiously and secure maximum reimbursement for their clients.

Discover our medical record review solutions and partner with us for your next case.

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