The Importance of Documenting Your Injuries
Car accident injuries are costly especially when the injured must pay for expensive medical treatment, repair or replacement of their vehicle. Financial hardship could be caused by the loss of income or absence from work.
Insurance companies are aware of this and often employ tactics to derail legitimate injury claims. An attorney who has expertise knows how to combat these tactics and secure the maximum amount of compensation for victims.
Collecting evidence
Even though it might seem like a last-minute decision to do, collecting evidence in an accident is crucial. Evidence can help determine who was responsible for the accident and what compensation will be paid for injuries or other expenses. It is the duty of an experienced accidents lawyer to gather and preserve all evidence that is relevant to the client's case.
The most reliable evidence is something physical, something that can be observed or felt. For instance, a scuff in a car can show how severe the crash was or that someone was driving recklessly. Physical evidence can also include things such as weather conditions, skid marks and any other debris that was caused by the accident. A lawyer for accidents should be quick to secure any evidence that may be lost or altered by the other party.
Images can be used as evidence in an automobile accident case. Pembroke Pines accident lawyers You Tube is important to have a variety of photos taken from various angles. A digital camera is ideal however any camera can be used. Taking photos immediately after the incident is ideal, as it will reduce the risk that anyone can alter them. It is also beneficial to put an expiration date on your photos, so make sure to do this.
A police report is another piece of vital evidence that you will need to gather after an accident. The police officer who arrives at the scene of the accident will draft a report, and this document will contain information on the circumstances surrounding the accident as well as the observations that the officer made, and their opinion on the person who was responsible for the incident. This is among the most important pieces of evidence, and it is crucial to get the report whenever you can.
Medical records are important evidence in cases of accident. They can be used to prove the extent of suffering and pain you've endured, and will give weight to any claims for injury and loss of income. Additionally, an accident lawyer might consult with medical experts to provide information on the severity of your injuries and how they will affect your life in the future.
Documenting Your Injuries
Documenting your injuries is a vital element in establishing a personal injury claim. This involves more than just taking pictures of the evidence in your possession - your lawyer will also require a complete document of the impact that your injuries have had on your life, including future and present medical expenses, emotional and financial toll and any other losses that are related to the accident. The documentation of your injuries will help your attorney establish an association between the accident and your injuries. This increases your chances of receiving an appropriate amount of compensation.
Take photos of your injuries
If you are physically able to do so, take photographs of any visible injuries, like cuts, bruises, and lacerations, immediately after the incident. This can be a valuable visual addition to your medical records, giving an immediate snapshot of the severity of your injuries. Take photos of any damaged items, like clothes or your vehicle. These pictures will be a valuable asset for you as memories can fade over time.
It is important to seek medical attention after any incident, no matter how minor the injuries may appear. This will not only ensure that you get the right medical treatment as well as an essential part of your documentation. When you visit your doctor, make sure you take copies of all records pertaining to the accident, such as doctors' notes, prescriptions, X-rays or MRI scans. These documents will help you prove the extent of any injuries and prove that you are committed to following medical advice.
Keep a Pain Journal
As you progress through your treatment it's recommended to keep a journal of your pain which records your day-to-day symptoms and emotions. This will show your dedication 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.
Keep track of all costs incurred due to your injury. This includes transportation costs and medication costs. Additionally, make sure to keep any invoices or receipts related to your loss of income. This will enable your lawyer to determine the financial impact of your injuries which could be incorporated into your compensation claim. If you have any friends or family members who witnessed the accident, ask them to provide written accounts of what they observed. Witness testimony is an important tool in establishing your injuries and getting compensation for your losses.
Negotiating with the Insurance Company
If you have the right evidence to show your damages it should be easy to negotiate a fair settlement amount. The insurance company will attempt to reduce your claim by offering you less than what you're entitled to. You need a lawyer who is willing to fight for your rights and you. A lawyer who has experience in accident cases can help you negotiate with insurance companies and safeguard you from being cheated of.
When you have a clear grasp of the extent of your injuries and damages you or your attorney should draft an official demand letter setting forth your request for compensation. The letter should detail your injuries, medical treatment and the loss incurred due to the car accident. The letter should be accompanied by witness testimony, medical records and invoices. The demand letter must also include any information pertaining to damages to property or losses that are that result from the accident. Your attorney will then forward this letter to the insurer and wait for an answer.
The insurance adjuster handling your case will likely start with a low offer that you should immediately reject. After you reject the initial offer, an adjuster will usually make a counteroffer that is slightly more than the original demand letter. The back-and-forth negotiations will continue until you've reached an acceptable settlement that compensates you for your losses and expenses.
It is important to settle your claim with patience and respect. Remember that the job of the adjuster is to safeguard the bottom line of the insurance company and not yours. It's also helpful to describe your personal hardships and injuries with respect and dignity. This can have a positive impact and make the adjuster more sympathetic towards you.
It is important to have an official copy of your settlement agreement after you have reached an agreement. This should be memorialized in a written contract signed by both parties. Also, you should request a transcript of any conversations that you had over the phone or face-to-face.
Filing an action
As soon as you can after your accident the lawyer will start an action against the insurance company for the party at fault. Depending on the circumstances, you might have to file more than one lawsuit. It is important to hire an experienced lawyer for car accidents with expertise in handling complicated car accidents and negotiating with multiple parties.
Your attorney will then send an email, along with an demand to the insurance company of the driver who is at fault, stating the facts, and the legal reasons, which will explain why their insured is liable under New York law. The letter will also detail the economic damages you have suffered, including medical bills and lost income, and your noneconomic damages, such as pain and suffering.
The insurance company will respond with a counteroffer, and the negotiation process starts. It is important to keep in mind that the insurance company of the defendant has a financial interest in settling your claim for the least amount of money possible.
During the trial your lawyer will present evidence such as the testimony of your medical experts. The defendant will also present their case, and argue in support of their argument. The judge or jury will hear both sides' arguments before making a decision.
The procedure of filing a car accident lawsuit can take up to a year or more, but it is worth the investment. Insurance companies will be more likely to settle for an acceptable amount when they know that you have a lawyer in the case on your side. You will be in a better position to negotiate when the case does not settle. Additionally the lawyer will not charge you per hour, but rather take a percentage of any settlement or verdict that you receive. This is referred to as contingency payments and is the most popular method of paying lawyers for their services. This allows many people to afford a lawyer for car accidents and improves their chances of receiving the compensation they are entitled to.