Ray Arenofsky - Attorney At Law

What Happens To My Claim If The Injury Takes A Long Time To Manifest?


If someone comes to me two days before a statute of limitations runs out and suddenly they are claiming that they have injuries, then it’s a very difficult case. If you think you might be injured, then you should go to an urgent care or to an emergency department right after the accident in order to get looked at by a doctor. If you are hurting, you need to have it documented. I would also suggest that you go to the family doctor and have that doctor orchestrate your treatment plan. You do not build a federal case on a small case, but at the same time, I have seen people fail to seek treatment because they don’t have health insurance.

We can provide you with good doctors whom we’ve seen personally. These doctors will take cases on a lien or a mortgage basis, which means that you pay them nothing and they collect when the case settles. If a client doesn’t have transportation, I suggest that they try to find a family member who can provide transportation or we will help you with transportation to the medical provider. Some people skip all of their doctor’s appointments, or only show up to every other one. This hinders their ability to recover from their injuries. When people get the right treatment, they can usually knock out a condition. If they don’t receive the right treatment, then they can end up with the condition for the rest of their lives. So, that’s one reason that it’s important to go to doctor’s appointment. In addition, doctors make records of what their patients complain of and what they notice. This can add value to a case by providing evidence of the injury.

When we represent someone, we do about 98% of the legal work. Our clients are basically like mules with blinders on; all they need to do is to get better. We try to make it as easy as we can so they can get the proper medical treatment, which is the core of the value of the case. The other thing I will mention is that it’s very important that a lawyer’s office is comforting, because that makes it easier for the client to concentrate on the case and not worry about the case. I have come across a lot of law firms that don’t give cases the attention they deserve, don’t return phone calls and don’t show common courtesy to their clients. In these law firms, a case is just like another number in a big factory.

What Factors Can Cause My Claim To Go To Litigation?

Most cases settle, but there are several factors that may cause a claim to go to litigation. First off, not every case is a case. Some attorneys may take a case and then realize in discovery or as the time passes that they have no case because their client was actually at fault. Sometimes the insurance company lawyers will knock out the case during litigation because it’s not a case. The law can be very complicated. Insurance attorneys are paid by the hour, whereas plaintiff’s attorneys only get paid if they recover. So, if I were a defense attorney who represented a big insurance company, I would be in less of a hurry to settle.

Sometimes cases are milked and plaintiffs are over-treated. In these cases, the offer will be low because the medical bills will be discounted and the defense doctors will say that it was over-treatment. You often get into the premise of the aggravation of a pre-existing injury. It can take a long time to figure out what was caused by the accident and what existed before the accident.

There are all kinds of defenses and arguments. A book could be written on the reasons that claims go to litigation. Sometimes the client’s expectations are too high. I’ve seen good cases go bad, and I’ve seen bad cases go good, so it’s a real gamble. If you get a reasonable offer, I would say you should take it. Some plaintiffs are unreasonable. They want the moon, and obviously the defense is going to harden in their position, which will lead to litigation.

There will always be a battle of the experts. It might be between our doctor’s opinion and their doctor’s opinion. For example, one doctor could say it is a serious injury, while the other doctor says it isn’t that serious of an injury. There are also experts and witnesses who will testify on how the accident happened. One expert or witness may say that the plaintiff went through a red light, and another expert or witness may say that the plaintiff did not run a red light. Sometimes disagreements simply cannot be worked through, and the parties will have to go to litigation as a result.

For more information on Injuries Taking Longer To Manifest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 345-0444 today.

Ray Arenofsky - Attorney At Law

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