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The Importance of Documenting Your Injuries
The cost of injuries sustained in car accidents can be high, especially when the victims are required to pay for costly medical treatments and vehicle repair costs. Financial hardship could be caused by the loss of income or absence from work.
Insurance companies understand this and that's why they often employ tactics to derail legitimate injury claims. A car accident lawyer with experience knows how to counteract these tactics and ensure the highest amount of compensation to victims.
Collecting Evidence
Although it may appear like a last-minute task to do, collecting evidence of an accident is essential. Evidence can help determine who was responsible for the accident and the amount of compensation that will be paid for damages or other damages. An experienced lawyer's job is to collect and store any evidence that is relevant to a client's case.
The most reliable evidence is tangible, which can be touched or seen. For instance, a scratch in a vehicle could prove the severity of the crash or that someone was driving recklessly. Physical evidence can also include things such as the weather conditions, skid marks and any other debris caused by the crash. It is likely that the other party may attempt to conceal evidence or alter it in some way, so an accidents lawyer should act quickly to secure any evidence before it is lost.
Images can be used as evidence in an automobile accident case. The availability of numerous images from different angles is important. A digital camera is the best however, a normal camera can also be used. Snapping photos as soon as you can after the incident is ideal since it reduces the chance that anyone could modify the photos. Having a time stamp on your photos is also useful, so make sure you are able to record this information.
A police report is yet another important piece of evidence you'll need following an accident. A police officer who responds to an accident site will prepare a written report. This document will include details about the accident and the observations made by the officer, and the officer's view regarding the person who is responsible. This is one of the most important pieces of evidence, so it's crucial to get the report as soon as you can.
Medical records are crucial evidence in cases of accident. They will show how much pain and suffering you have suffered, and support your claims of injuries and loss of income. An attorney for accidents can consult with medical experts to gain insights into your injuries and the impact they have on your life.
Documenting your injuries
Documenting your injuries is an essential step in establishing the foundation for a personal injury claim. This goes beyond taking pictures of the evidence in your possession - your lawyer will also require a complete record of the impact your injuries have had on your life, including your future and present expenses for medical treatment, emotional and financial toll and any other losses arising from the accident. By thoroughly documenting your injuries, you can assist your lawyer in establishing an obvious connection between your injuries and the accident, and increase your chances of receiving an equitable amount of compensation for your losses.
Taking Photos of Your Injuries
If you're physically able, take pictures of any visible injuries, including bruises, cuts, and lacerations, right after the incident. This will be a great addition to your medical records, providing you a quick snapshot of your injuries. Also, you should take photos of any property that has been damaged like your car or clothing. Capturing these images early can be an important asset to your case, since memory fades with time.
It is essential to seek medical attention following any incident, no matter how minor the injury may appear. Not only will this ensure that you receive appropriate medical care, but it's also an essential element of your documentation. If you visit your doctor to discuss your incident, make sure you bring copies of all your records that include prescriptions, X-rays, or MRI scans. Having Lakewood accident attorneys will prove the severity of your injuries, and also prove that you're devoted to following the medical recommendations.
Keep a Pain Journal
It's a good idea to keep a daily journal of your symptoms and feelings as you progress through treatment. This will demonstrate your commitment to a full recovery, and will also provide an image of the overall impact your injuries have affected your life.
It's also a good idea to keep track of any expenses you incur as a result of your injury, including medical costs or transportation costs. In addition, be sure to keep receipts or invoices relating to your lost income. This will enable your lawyer to calculate your financial impact, which can then be included in your claim for compensation. Request family members or acquaintances who witnessed the incident to record what they observed. Witness testimony can be a useful tool for establishing your injuries and obtaining compensation for your losses.
Negotiating with the Insurance Company
If you have the right evidence to show your damages, it should be relatively easy to negotiate a fair settlement amount. However, the insurance company will do everything possible to deny your claim and offer you less than you deserve. You need a lawyer who will fight for your rights and you. A seasoned accident lawyer can help you navigate the negotiation process and ensure that you are not being manipulated by an insurance company.
Once you have a solid understanding of the full extent of your injuries and damages, you or your attorney should draft a demand letter which sets forth your request for compensation. The document should outline the extent of your injuries, medical treatment and losses incurred due to the car accident. It should also be accompanied by witness statements, medical records and invoices. The demand letter should contain any information about the loss of property or damage that is associated with the accident. Your attorney will send this letter to your insurer and await a response.
You should not accept the initial offer from the insurance adjuster. After you've rejected the initial offer the adjuster will generally offer a counter-offer that is slightly higher than your initial demand letter. The back-andforth negotiation process will continue until you've reached an acceptable settlement that compensates you for your losses and expenses.
It is important to handle your claim with a sense of patience and respect. It is important to keep in mind that the adjuster's job is to protect the insurance company's bottom line, not you. It is also helpful to describe your hardships and injuries in an eloquent and respectful way. This can make a difference and make the adjuster more sympathetic to you.
It is crucial to have 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. You should also ask to be provided with an official transcript of any conversations that occurred on the phone or in person.
Filing a Lawsuit
Your lawyer will file a suit against the insurance company of the party at fault within the shortest time possible following your accident. Depending on your case it is possible that you will need to make more than one lawsuit. It is important to employ a car accident lawyer who is experienced in handling multifaceted car accidents and negotiating with multiple parties.
Your attorney will then send a letter, along with an demand to the insurance company for the at-fault driver, stating the facts, and the legal reasons, which will explain why their insured is liable under New York law. The letter will also include all your damages which are both economic and non-economic, including medical expenses and lost income.
The insurance company will respond with a counteroffer and the negotiation process will begin. It is important to note that the insurer of the defendant has a financial interest in the settlement of your claim for as little as possible.
During the trial your lawyer will present evidence such as testimony by your medical experts. The defendant will present their defense and argue in support of their case. The jury or judge will then listen to both arguments and take a final decision.
The procedure of filing an auto accident lawsuit can take up to a year, but the cost is well worth it. Insurance companies will be aware that you have a seasoned car accident attorney on your side, and they are more likely to offer an acceptable settlement for your injuries. You will be better positioned to negotiate in the event that the case doesn't settle. The lawyer you hire will not charge by the hour instead, but a percentage of the settlement or verdict. This is known as a contingency payment and is the most popular method of paying lawyers for their services. This helps many people get a professional car accident lawyer on their side and improves their chances of getting the amount of compensation they deserve.