The 10 Scariest Things About Accident Lawsuit
Why You Should Hire an Accident Lawyer
An accident lawyer can help clients file a solid claim by analyzing all the ways in which a car accident has affected their lives. This includes medical treatment costs in the present and in the future, lost wages, and emotional impact.
Insurance companies often undervalue and even challenge victims to stop paying them fair compensation. An attorney can fight for the settlement that you are entitled to.
Medical Treatment
If you've been injured you should seek medical care immediately following an accident. This is important even in the event that you do not feel any pain or discomfort and think that the injuries are not serious. It allows you to receive the right diagnosis and treatment and establishes a connection between the injury and the accident. If you don't get treated, your insurance company might claim that the injury wasn't caused by the accident or wasn't sufficient to be able to merit an award of compensation.
Keep the track of all medical bills, along with any other expenses related to the accident. This paperwork will aid your lawyer to show how much you've spent on the accident. These details will be used to calculate your compensation.
A good lawyer will negotiate with the insurance company on behalf of you, so that you don't have to cover any of these costs before the case is settled. In some instances, it may take months or even years to reach a settlement or accident to go to trial. Your lawyer can keep you informed throughout the process.
Once your attorney has looked over the medical reports, accident report and other evidence, they will start putting together a demand letter for compensation. This will include both economic (money) as in addition to non-economic (intangibles) damages. In certain cases, a lawyer might be able to seek punitive damages on top of compensatory damages. These damages are intended to punish the at-fault party for their actions and deter others from making similar mistakes.
Documenting the Scene of the Accident
Documentation is crucial in accidents and the best place for you to begin is by looking at the accident scene. Take pictures of the vehicles as well as the scene of the accident as well as any other items relevant to your case, like skid marks or road debris. Also, try to take photos from different angles and distances to be sure that any evidence of importance is documented.
Witness information is a crucial aspect of documentation. You may be lucky enough to meet witnesses who are willing and able testify about the events that occurred. This could prove extremely beneficial in your case.
You should also collect the names, insurance details and contact details of any witnesses to the accident. It is also advisable to inquire with local businesses if there is video surveillance footage that may show what transpired. This is a great evidence in determining the responsibility.
Even if it's unclear who was at fault at the time of the accident it is still going to be very helpful in proving your case to an insurance adjuster later on. Most of the time the process of determining fault is a simple factual issue rather than a question about who was responsible. Therefore, having this documentation can support your argument that you weren't in any way responsible.
It is also important to keep detailed logs of all expenses that you have incurred in the aftermath of your accident, such as medical bills and car repairs. These documents and receipts can be extremely useful in obtaining the damages you are entitled to.
Also, you should get a copy any tickets you have received in connection with the incident. This information can be very useful in proving to an insurance adjuster that the other driver drove recklessly or violated traffic laws.
Gathering Evidence
Anyone can be devastated by a car accident. Even a minor accident can cause severe injuries, financial hardship and emotional trauma. An experienced lawyer for car accidents will guide you through the legal process and ensure that you receive a fair amount of compensation for your losses. They are also skilled at negotiating with insurance companies to ensure that you get everything you're entitled to under the law.
The most important step in the process is obtaining evidence to back up your claim. This could include eyewitness statements or police reports, as well as medical records. It could also include receipts for the damages you have suffered. In some instances an expert witness could be required to support your case as well as provide insights.
Record as much information as possible after your accident. This includes taking pictures of the scene, your injury, and any damage to your vehicle. Also, you should interview any witnesses, take measurements and notes and keep a record of any comments made by the other driver in relation to the incident. You should also collect the names and contact details of anyone who witnessed the accident as well as the name and information regarding insurance for the other driver.
Your lawyer will gather all this information for you and make sure that it's organized and easily accessible. In addition, they will assist you with gathering additional documents to support your case such as timecards or wage statements that demonstrate the amount of time you've lost from work due your injuries. They can also ask for copies of your medical records and also sign an HIPAA Release to speak with your doctors.
Your lawyer will consider how your injuries have affected you in the past and the future when making a determination of damages. This includes assessing the physical and emotional consequences, as well as placing a value on other damages that are not economic, like pain and suffering.
Finding an attorney with a lot of trial experience is important because it will ensure you receive the full compensation for any losses or injuries. A good attorney will take you to trial if necessary to secure the most favorable settlement.
Discussions with an Insurance Company
Although it can be tempting to save time and money by dealing with insurance companies on your own, a lawyer will help you avoid common mistakes. Insurance companies typically have teams of adjusters and attorneys available to review your claim for injury and determine how much compensation you're entitled to. Any statements you make to an insurance company representative can be used against you and having your own lawyer to negotiate with on your behalf can help level the playing field.
A lawyer can also help you in preparing a detailed record of your damages. This includes medical bills, records and receipts for property damage you suffered in the course of the accident. This is particularly important in the event of serious injuries. Even the smallest of expenses can grow. For example, ambulance transport and hospitalization could cost hundreds, or thousands of dollars. Your attorney can estimate the total amount of your medical expenses and include it in your demand form for insurance.
Unfortunately, it's not common for insurance companies to lowball you with a low initial settlement offer that is less than what your injuries and expenses are actually worth. Your attorney can negotiate a fair settlement to cover all of your losses.
If your case is appropriate the lawyer may assist you in pursuing noneconomic damages such as pain and discomfort. This may require more evidence, like the impact of your injuries on your daily routine. An experienced lawyer knows how to present the information in a a convincing way and is ready to take the case to court if needed to secure compensation for you.
It is in the insurance company's best interest to settle your claim out of court, if at all possible. It can save the insurance company money by hiring a private detective or paying for the legal costs and settlement of claims for their clients. It could even be in their financial best interests if the accident was caused by a commercial vehicle, public transportation, or sanitation driver for example, as these entities have their own set of laws and procedures that must be followed.
