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The Importance of Documenting Your Injuries
Injuries from car accidents can be expensive especially when the injured need to pay for expensive medical treatment, repair or replacement of their vehicle. Financial hardship can be a result of lost income or missed work.
Insurance companies understand this, which is why they often employ tactics to undermine valid injury claims. An attorney who has expertise knows how to combat these tactics and secure maximum compensation for victims.
Collecting evidence
Although it may appear as a last-minute idea it is essential to gather evidence in any accident. Evidence can help determine who was responsible for the accident and the amount of compensation that is due for damages or other losses. An experienced lawyer's job is to collect and store any evidence relevant to the client's case.
The best piece of evidence is something physical, something that can be seen or touched. A scratch on a car can indicate the severity of the accident or that someone drove recklessly. Physical evidence can also include things like skidmarks, weather conditions, and debris that was left behind by the accident. It is possible that the other party will try to hide evidence or alter it in a way, which is why an accident lawyer should act quickly to get any potential evidence before it's lost.
Images can be used as evidence in a car accident case. It is essential to have a variety of images taken from various angles. A digital camera would be ideal, but any camera can be used. It is recommended to take photos as soon after the incident as is possible to reduce the chance that someone could alter the photos. It is also helpful to have an expiration date on your photos, so be sure to get this done.
After an accident, you'll be required to file the police report. A police officer who responds 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 assessment on who is at fault. This is an extremely important piece of evidence. It's vital to get an exact copy as early as you can.
Medical records are also crucial evidence to have in the event of an accident. They will reveal the extent of suffering and pain you have experienced, and will give weight to any claims of injury or loss of income. In addition, an lawyer might consult with medical experts to provide an understanding of the severity of your injuries and how they will affect your life in the future.
Documenting Your Injuries
Documenting your injuries can aid in establishing a successful personal injury claim. It isn't enough to just take pictures of the evidence. Your attorney will need to understand the impact of the injuries you suffered on your life. This includes the emotional and financial costs of your treatment, and also the present and future medical costs. By meticulously documenting your injuries, you can aid your lawyer in establishing an obvious connection between your injuries and the accident and increase your chances of securing the right amount of compensation for your injuries.
Take photos of your injuries
If you're physically able to take photos of any visible injuries, such as cuts, bruises, or lacerations, right after the incident. This can be an important visual record to your medical records and provide an immediate overview of the extent of your injuries. Also, you should take photos of any damaged items such as your vehicle or clothing. Capturing these images earlier will be an excellent asset to your case, since memory fades over time.
It is important to seek medical care after any accident, regardless of how minor the injuries appear. Not only will this ensure that you receive proper medical care as well, but it's an essential part of your documentation. If you visit your doctor to discuss your accident, be sure to bring copies of all medical records including prescriptions, Xrays or MRI scans. The documents you have will show the severity of your injuries, and will also show that you're dedicated to following medical guidelines.
Keep a Pain Journal
As you progress through your treatment it's recommended to keep a daily pain journal that documents your daily sensations and feelings. This will show your dedication to a full and complete recovery, and also give you a clear picture of how your injuries have affected your life.
Keep track of all expenses incurred due to your accident. This includes travel costs and medical expenses. In addition, be sure to keep receipts or invoices relating to your income loss. This will enable your lawyer to estimate the financial consequences of your injuries, which could be incorporated into your compensation claim. Request family members or friends who were present at the incident to write down what they observed. Witness testimony is an important tool in establishing your injuries and getting compensation for your loss.
Discussions with the Insurance Company
If you have the right evidence to show your damages it should be easy to negotiate an appropriate settlement amount. The insurance company will attempt to reduce your claim by offering you less than you are entitled to. You require a lawyer who is prepared to fight for you and your rights. An attorney with expertise in cases involving accidents can help you negotiate with insurance companies and help protect you from being cheated of.
Your lawyer or you create a letter of demand that outlines your claim for compensation once you've determined the complete extent of your injuries and damage. The letter should contain your injuries, medical treatment as well as losses as a result of the accident. It should also include medical records, witness statements 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 send this letter to your insurer and wait for an answer.
The adjuster for your insurance case will likely start with a low offer, which you must immediately reject. After you've rejected the initial offer the adjuster will generally offer a counter-offer that is slightly higher than the original demand letter. Negotiations will continue until a fair settlement can be reached that compensates you in a fair manner for your losses and expenses.
When you're trying to negotiate your claim, it's important to be patient and respectful. It is important to be aware that the adjuster has a job to ensure the company's bottom line, not yours. It's also beneficial to describe your hardships and injuries with respect and eloquence. This will help you get your point across and make the adjuster more understanding of you.
It is important to have a written copy of the settlement agreement once you have reached an agreement. The agreement should be recorded in a written 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 you can after your accident your lawyer will start a lawsuit against the insurance company representing the party at fault. Depending on the circumstances of your case you may have to file several lawsuits. It is essential to hire an attorney who has experience handling multifaceted car accidents and negotiations with various parties.
Your attorney will then send a letter, along with an order to the insurance company, for the at-fault driver, stating the facts and legal reasons, why their insured is liable under New York law. The letter will also list all of your economic damages which include medical bills, lost income, as well as noneconomic damages, such as pain and suffering.
The insurance company will respond with a counteroffer and negotiations will begin. Be aware that the insurance company of the defendant has an economic incentive to pay your claim as low as is feasible.
During the trial the lawyer will argue in favor of your case and provide evidence, including evidence 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 before making the decision.
The process of filing a car accident lawsuit can take a year or longer but it's worth the time and effort. Insurance companies will be aware that you have a seasoned attorney for car accidents on your side and are more likely to offer an appropriate settlement for your injuries. If the case doesn't settle, you will have an advantage when negotiating in court. Your lawyer will not charge by the hour instead, but a percentage of your verdict or settlement. This is referred to as a contingency payment and is the most popular method of paying lawyers for their services. This lets many people pay for a lawyer in a car accident and increases their chances of receiving the amount they deserve.
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