The Importance of Documenting Your Injuries
The costs of car accident injuries can be high, especially when the victims are required to pay for expensive medical treatment and repair costs to their vehicle. They may also experience financial strain due to the absence of work or a loss in income.
Insurance providers understand this and that's why they often employ tactics to undermine valid injury claims. A skilled lawyer for car accidents is able to thwart these tactics and secure maximum compensation for the victims.
Collecting Evidence
Although it may seem like a last-minute thing to do, collecting evidence of an accident is vital. Evidence can help determine who is accountable for an accident, and the amount of compensation you will receive for your injuries and other damages. It is the duty of a skilled accident lawyer to gather and preserve all evidence that is pertinent to a client's case.
The most reliable evidence is physical, something that can be seen or touched. For instance, a scuff in a car can show the severity of the crash or if someone was driving recklessly. Physical evidence also includes things like weather conditions, skid marks or any other debris that was triggered by the accident. A lawyer for accidents should immediately act to get any evidence that may be lost or altered by the other party.
Pictures can also be valuable evidence in a car accident case. It is important to have a variety of photos that are taken from various angles. A digital camera is ideal however a standard camera can also be used. It is best to capture photos as soon after the incident as is possible in order to minimize the possibility that someone might tamper the photos. It is also helpful to put an expiration date on your photos, so make sure to do this.
A police report is a further piece of vital evidence that you'll need following an accident. A police officer who responds to an accident scene will draft a written report. The report will contain details about the accident and the observations made by the officer and the officer's opinion as to who was at fault. This is a very important evidence. It is essential to obtain an exact copy as soon as possible.
Medical records are important evidence in cases of accident. They will reveal the extent of suffering and pain you've suffered and give weight to any claims for injury and loss of income. An attorney for accidents can consult medical experts for an understanding of your injuries and their impact on your life.
Documenting your injuries
Documenting your injuries is a vital step in establishing an injury claim. It's not enough to simply take photos of the evidence. Your lawyer will need to know the effect of your injuries on your daily life. This includes the emotional and financial costs of your treatment in addition to the current and future medical expenses. The documentation of your injuries will aid your attorney in establishing an association between the accident and your injuries. This will increase your chances of receiving fair compensation.
Photograph Your Injuries
If you are physically able, take pictures of any visible injuries, such as cuts, bruises, and lacerations immediately following the accident. This will serve as an important visual record to your medical records, providing an immediate picture of the severity of your injuries. You should also take pictures of any damaged items such as your vehicle or clothing. These pictures are a great asset for you, as memories can fade with time.
It is crucial to seek medical attention after any incident, no matter how minor you may think the injuries are. This will not only ensure you receive the proper medical care and treatment, but it's also an essential part of your medical records. When you visit your doctor, be sure you get copies of all records pertaining to the incident like doctors' notes, prescriptions, X-rays or MRI scans. These documents will demonstrate the extent of your injuries, as well as demonstrate that you're dedicated to following the medical recommendations.
Keep a Pain Journal
As you go through your treatment, it's recommended to keep a journal of your pain that documents your daily symptoms and feelings. This will show your commitment to a complete and full recovery as well as provide you with a clear understanding of the impact your injuries have had on your life.
It's important to keep track of any costs you incur due to your injury, including medical costs or transportation costs. Keep all receipts and invoices that relate to your lost income. This will help your lawyer to determine the financial consequences of your injuries, which will be included in your compensation claim. Ask any family members or friends who witnessed the incident to record what they saw. Witness testimony can be an important element in determining the cause of your injuries and assisting you obtain compensation for your losses.
Discussions with the Insurance Company
The process of negotiating a fair settlement should be simple when you have the right evidence to prove your damage. However, the insurance company will do everything to deny your claim and offer you less than what you're entitled to. You require an attorney who is willing to fight for your rights and to protect you. An attorney with expertise in cases involving accidents can assist you in negotiating with insurance companies and safeguard yourself from being taken advantage of.
Once you have a firm grasp of the totality of your injuries and damages, you or your attorney will draft a demand letter which sets forth your request for compensation. The document should outline your medical treatment, injuries and losses incurred as a result of the car accident. The letter should be accompanied by a witness's statements, medical records, and invoices. The demand letter should also include any information pertaining to property damage or losses associated with the accident.
You Tube will send this letter to your insurer and await an answer.
The adjuster who handles your case is likely to begin with a low initial offer, which you should immediately reject. If you do not accept the initial offer, an adjuster is likely to make a counteroffer that is slightly more than the demand letter originally sent to you. Negotiations will continue until a fair agreement is reached that is able to compensate you for the losses and costs.
When you are trying to negotiate your claim, it is crucial to be patient and respectful. You must remember that the insurance adjuster has a job to protect the insurance company's bottom line, not you. It is also beneficial to talk about your injuries and hardships in an eloquent and respectful way. This can make a difference and make the adjuster more sympathetic towards you.
It is essential to keep an official copy of your settlement agreement after you have reached an agreement. It should be recorded in a written contract that is signed by both parties. It is also recommended to ask for a transcription in writing of any conversations that you had over the phone or face-to-face.
Filing a Lawsuit
Your lawyer will file a suit against the insurance company of the person who was at fault within the shortest time possible following your accident. Depending on the circumstances, you might have to bring more than one lawsuit. It is crucial to employ an experienced lawyer for car accidents with expertise in handling complicated car accidents and negotiating multiple parties.
Your lawyer will then write a letter, along with a demand, to the insurance company, for the driver who is at fault, stating the facts, and the legal reasons for why their insured is liable under New York law. The letter will also catalog all of your economic damages that you have suffered, such as medical bills and lost income, and your non-economic damages like pain and suffering.
The insurance company will respond with a counteroffer and negotiations begin. It is important to remember that the insurer of the defendant has a financial interest in the settlement of your claim for the least amount of money possible.
During the trial the lawyer will argue in favor of your case and provide evidence, such as testimony from your medical experts. The defendant will present their defense and also argue in favor of their case. Afterward, the judge or jury will hear both sides' arguments and make a decision.
The process of filing a vehicle accident lawsuit can take a few years or more, but it is worth the investment. Insurance companies will recognize that you have a knowledgeable lawyer for car accidents on your side and they are more likely to offer an appropriate settlement for your injuries. If the case isn't settled then you will be in an advantage in negotiations during trial. The lawyer you hire will not charge by the hour instead, but a percentage of the settlement or verdict. This is referred to as a contingency charge, and is the most common way lawyers are compensated for their services. This can help many people get a professional car accident lawyer represent them and increases their chances of obtaining the justice they are entitled to.