The Importance of Documenting Your Injuries
The cost of car accident injuries can be costly, particularly when the victims must pay for costly medical treatments and repair costs to their vehicle. Financial hardship could also be experienced due to lost income or missed work.
Insurance companies are aware of this and often employ strategies to undermine legitimate injury claims. A car accident lawyer with experience knows how to counteract these tactics and secure the highest amount of compensation to victims.
Collecting Evidence
Even though it may appear like a last-minute task to do, collecting evidence from an accident is crucial. The evidence can determine who is at fault for an accident, as well as how much compensation you receive for your injuries and other damages. An experienced accident lawyer's job is to gather and preserve any evidence that is relevant to the client's case.
The most reliable evidence is tangible, which can be seen or touched. A scratch on a car could indicate the severity of the accident or the recklessness of someone driving. Physical evidence can also include things such as weather conditions, skidmarks and the debris left after the accident. It is possible that the other party may attempt to conceal evidence or alter it in some way, therefore an accident lawyer must act swiftly to get any potential evidence before it's lost.
Pictures can also be valuable evidence in a car accident case. A variety of photos from different angles is essential. A digital camera is ideal however a standard camera will work as well. Photographing as soon as you can following the accident is the best since it reduces the chance that anyone could modify them. The ability to put a time stamp on your photographs is also helpful and you should have the ability to capture this information.
After an accident, you'll be required to file an official police report. A police officer who is responding to an accident site will write a report. This report will include details about the incident, observations made by the officer and the officer's opinion as to the person who is responsible. This is a crucial piece of evidence. It's vital to get a copy of it as soon as you can.
Medical records are also essential evidence to have in an accident case. They will demonstrate the amount of pain and suffering you have endured, and they will be a strong evidence for your claims of injuries and loss of income. A lawyer for accidents may consult medical experts to gain insights into your injuries and their impact on your life.
Documenting your injuries
Documenting your injuries is a vital step in building the foundation for a personal injury claim. This is more than taking photos of the physical evidence - your attorney will also need a complete record of the impact your injuries have affected your life, such as your current and future expenses for medical treatment, emotional and financial toll and any other losses that are related to the accident. By thoroughly documenting your injuries, you'll assist your lawyer in establishing an obvious connection between your injuries and the accident and increase your chances of receiving fair compensation for your damages.
Photograph Your Injuries
Take pictures of visible injuries, such as cuts and bruises as soon as you notice them following the accident. This will serve as a valuable visual addition to your medical records, giving an immediate overview of the severity of your injuries. You should also take pictures of any damaged items, such as your car or clothing. Making these photos available on camera early will provide an invaluable asset to your case, since memory fades over time.
It is important to seek medical care after any accident, no matter how minor the injuries appear. This will not only ensure that you get the proper medical attention and treatment, but it is also an essential part of your documentation. If you visit your doctor to discuss your incident, make sure you bring copies of all records, including prescriptions, X-rays, or MRI scans. These documents will allow you to establish the severity of any injuries and prove that you are committed to following medical guidelines.
Keep a Pain Journal
As you go through your treatment it's a good idea to keep a daily pain journal that records your daily sensations and feelings. This will demonstrate your dedication to a full recovery and also paint an image of the overall effect your injuries have affected your life.
Keep track of any expenses that you incur due to your accident. This includes travel costs and medication costs. Keep all receipts and invoices that relate to your income loss. This will allow your lawyer to determine the financial impact of your injuries, which could be incorporated into your compensation claim. If you have friends or family members who witnessed the incident or witnessed the accident, ask them to give written descriptions of what they observed. Witness testimony can be a useful instrument in establishing the severity of your injuries and getting compensation for your losses.
Discussions with the Insurance Company
If you have the proper evidence to show your damages it should be easy to negotiate a fair settlement amount. The insurance company will attempt to minimize your claim by offering less than you are entitled to. You need a lawyer who is prepared to fight for you and your rights. An experienced accident lawyer will assist you through the negotiation process and ensure that you are not being manipulated by an insurance company.
Once you have a firm grasp of the totality of your injuries and damages, you or your attorney should draft a demand letter which sets the conditions for your claim to compensation. This document should describe your medical treatment, injuries and the losses you have suffered as a result of the car accident. It must also be accompanied by witness statements, medical records and invoices. The demand letter should also contain any information about the loss of property or damage that is caused by the accident. Your attorney will then forward this letter to the insurer and then wait for an answer.
The adjuster who handles your case is likely to begin with a low offer, which you must immediately decline. After you've rejected the initial offer the adjuster will typically make a counteroffer slightly higher than your original demand letter. You Tube -and-forth negotiation process will continue until you have reached a fair settlement that adequately compensates you for your losses and expenses.
When you're in the process of negotiating your claim, it's crucial to be patient and respectful. Remember that the adjuster's role is to protect the bottom line of the insurance company and not yours. It is also beneficial to describe your injuries and hardships in a lucid and respectful way. This can make a difference and make the adjuster more understanding of you.
Once you have a settlement agreement in place it is essential to obtain a copy of the finalized agreement in writing. This should be recorded in a contract that is signed by both parties. It is also recommended to request a written transcription of any conversations you had over the phone or face-to-face.
Filing a Lawsuit
As soon as is possible following your accident your lawyer will file an action against the insurance company for the party at fault. Based on the circumstances of your case you may need to file several lawsuits. It is crucial to employ an experienced car accident lawyer with experience in handling complex car accidents and negotiating with multiple parties.
Once the initial discovery process is concluded, your attorney will send a letter to the insurance company of the party at fault providing the facts and legal grounds why their insured is responsible under New York law, along with an order for damages. The letter will also list the damages you have suffered which are both economic and non-economic that include medical expenses as well as lost income.
The insurance company will then respond with a counteroffer and negotiations begin. Be aware that the insurance company of the defendant has an economic incentive to settle your claim as inexpensively as possible.
During the trial, your lawyer will argue in support of your case and present evidence, like testimony from your medical experts. The defendant will also present their defense, and argue in support of their case. After that, the judge or jury will hear both sides' arguments before making an informed decision.
The process of filing an automobile accident lawsuit can take anywhere from a few days to an entire year, but the expense is well worth it. The insurance companies will know that you have a seasoned lawyer for car accidents on your side and they are more likely to offer a fair settlement for your injuries. You will be in a better position to negotiate in the event that the case doesn't settle. Your lawyer will not charge per hour instead, but a percentage of your verdict or settlement. This is referred to as a contingency fee, and is the most commonly used method lawyers are compensated for their services. This lets many people afford a lawyer for car accidents and increases the likelihood of getting the amount they deserve.