Chionuma Law Firm, LLC

What Factors Determine The Viability Of A Personal Injury Claim?


Preservation of evidence establishing liability and one’s right to compensation under the applicable laws is crucial. Without liability and right to recovery, a personal injury claim has no value no matter how high the damages are. Of equal importance is careful documentation of the medical treatment required to return the claimant to maximum medical improvement. All other items of damages must be carefully tracked and documented for presentation as part of the claims package.

What Are The Consequences Of Delaying Medical Treatment In A Personal Injury Claim?

The law imposes a duty on everyone to mitigate their damages in a personal injury situation. In essence, a claimant is required to take reasonable measures to avoid exacerbation of injuries sustained in an accident. If delay in receiving medical treatment leads to worsening of the injuries, the incremental injury will not be compensable. A good example would be where a broken bone heals improperly because of delay in seeking medical treatment, which then requires surgical intervention to repair. The surgery and associated pain and suffering would not be compensable.

How Important Is It To Follow Doctor’s Orders In A Personal Injury Claim?

Doctor’s orders are designed to provide patients with maximum benefit from the prescribed medical treatment. Failure to follow the doctor’s orders may negate the effectiveness of the prescribed treatment, negatively affect the doctor’s recording keeping and ultimately diminish the value of the personal injury claim.

How Long Do Personal Injury Cases Typically Take To Be Resolved?

Minor injury cases resolve as early as six months from the date of injury, while more involved cases may take years to resolve. A key factor in the timing of settling personal injury claims ids the length of medical treatment required to heal the claimant’s injuries. Where statute of limitation is not an issue, the settlement process only begins after completion of medical treatment and collections of the records and itemized statements.

What Are Some Unintentional Mistakes Detrimental To A Personal Injury Claim?

Reposing trust in an insurance adjuster is one of the most detrimental mistakes a personal injury claimant can make. Adjusters are hired by insurance companies to protect their interest and not that of the personal injury claimant. All information an adjuster obtains from a personal injury claimant is used against the claimant, where possible.

Is It Advisable For Someone To Be Active On Social Media During The Pendency Of A Personal Injury Claim?

Social media postings very often are used against the claimant in all kinds of cases. It is now standard practice for adjusters and defense counsel to research social media for information and postings relating to claimants. A social media posting showing a claimant involved in high impact sporting activity, for an instance, would be used against a personal injury claim for back pain.

Can Someone Even Afford An Experienced Personal Injury Attorney?

Most personal injury attorneys work on a contingency fee basis, which means that they don’t get paid until they recover money for the claimant. When they do recover money their fee is percentage of the total amount recovered. Additionally, law firms offer free consultation on personal injury cases. In a nut shell, it is in the best interest of a personal injury claimant to consult with and hire an experienced personal injury lawyer before communicating with the insurance company.

What Sets Your Firm Apart In Handling Personal Injury Cases?

We have over 30 years’ experience in handling personal injury cases. We have represented a lot of defendants, such as General Motors, Ford Motor Company, etc., so we know how they evaluate cases from the defense stand point, and we have vast experience from the plaintiff’s point of view on how to best represent our clients. We bring with us a package of experience from both sides of the street that really works out in the best interest of our clients.

Additional Information About Personal Injury Cases

Personal injury cases are usually very complex because there are many complex issues that the kind of careful attention that is best served by training and experience. Trying to handle one’s own claim is not advisable.

For more information on Viability Of A Personal Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (816) 421-5544 today.

Chuck Chionuma, Esq.

Call for a free assessment of your needs or just to get your questions answered (816) 421-5544

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