Some adults focus exclusively on the primary message of the victim that has filed a personal injury claim. That message is this: I need some financial help. Some adults like to show that they can handle their finances well, even after being involved in an accident.
In legal terms the award for someone with a personal injury claim is money to cover compensatory damages. In other words, that award reimburses the victim/claimant for specific losses and injuries.
Why some victims feel it unnecessary to seek compensatory damages?
Some victims have health insurance and feel ready to use that, in order to cover the cost of any injuries. Still, that belief assumes that all of the victim’s medical problems will get diagnosed by the time that a settlement has been agreed to. That may not always be the case. That is why Personal Injury Lawyers in Orillia seek to delay a settlement when it looks like a further diagnosis may be coming.
In addition, the health insurance covers the cost of the existing treatment. It does not pay for any related treatments that might become necessary in the future. Such treatments might be required, if a traumatic brain injury or a concussion has gone unnoticed.
Benefits sacrificed by those that refuse to file a personal injury claim:
An innocent party might be held liable for contributory negligence. In the absence of a lawyer, the accused party would have to accept the charge and accept the reduced award.
The insurance company might consider only the victim’s current rate of earnings, when deciding on the amount to promise at settlement. In the absence of a lawyer, the insurance company would not feel pressured to consider the victim’s possible future earnings.
If younger children were in the damaged vehicle, the insurance company should be forced to consider their future needs. Is there any evidence that one or more of them was injured? Could that same injury cause the hurt child to encounter problems, when attempting to find a job and earn a living? A lawyer could push for a consideration of those questions.
Normally, an adult that has filed a personal injury claim has also hired an attorney. That same attorney can be consulted in the future, when the former claimant feels challenged by a legal issue. Moreover, that particular attorney has gained some familiarity with the client’s/claimants’ medical history.
A parent’s refusal to file a personal injury claim can force a sacrifice on any loved one that suffered some type of loss, as a result of a particular accident. By knowing the full extent of the consequences from a given accident, a parent can better assess the probable cause of some future injury.