Thanks to movies and television, Hollywood has convinced many that lawyers exist for just the rich and powerful. Because of this, attorneys with insurance companies are quick to use that perception when trying to get a quick settlement on an accident claim. They will do their best to protect the profits of their own company by convincing the injured party that “they are there for them” and “want to see them quickly compensated.” What this usually means is they are hoping you will not know any better and accept the first offer they flash in front of you. They end up putting the fiscal health of their company above your right for a fair and reasonable settlement.
We don’t want to paint with too broad a brush — we know there are some reputable insurance companies and agents out there who will do the right thing when covering the damages caused by one of their insured customers. However, there are just as many willing to put forth the lowest possible settlement in an effort to limit their own financial loss. They are quick to put a contract in front of you to make sure you cannot come back later and request additional money for your loss, pain and suffering.
This is why anyone who is injured, whether in a car accident, a trucking accident, an industrial accident or any other form of personal injury, needs to seek adequate legal representation. Because of our experience navigating the legal system, we can help make sure you are being treated fairly by the negligent party.
As it relates to the injury itself, negligence is determined by the “reasonable person” standard. In order to meet this standard, a person must exercise “reasonable care under the circumstances” and when someone fails to exercise reasonable care, they are considered to be negligent. When someone is negligent and causes an accident, that person may be obligated to pay for another’s personal injuries and property damage.
In order to prove a negligence claim, the person bringing the claim, the Plaintiff, must prove: that the defendant had a duty to act as a reasonably prudent person would under the same or similar circumstances; committed a breach of that duty; determine actual and proximate causation; and then show damages resulting from that breach. The help of an attorney would be extremely beneficial in order to prove the essential elements needed in a negligence action.
If you’ve been hurt at the hands of someone else, don’t feel pressured to work with that person’s insurance company without having your own representation. You should be fairly and justly compensated for your injuries and having an experienced litigator in your corner will insure your rights are protected.
Contact the attorneys at Blake Scoggins, LLC today to schedule a free consultation so we may examine your personal injury claim.
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