The Importance of Documenting Your Injuries
Car accident injuries are costly, especially when the victims have to pay for costly medical treatment and repair or replacement of their vehicle. They may also experience financial difficulties due to missing work or loss of income.
Insurance providers understand this and this is why they often employ tactics to undermine valid injury claims. An experienced lawyer for car accidents is well-versed in how to combat these tactics and ensure the highest amount of compensation for the victims.
Collecting evidence
Although it may appear as a last-minute idea, collecting evidence is important in any accident. Evidence can help determine who is responsible for the accident, as well as how much compensation you receive for your injuries and other damages. Mission is to collect and store any evidence relevant to a client's case.
The best evidence is something tangible, that can be touched or seen. For example, a dent in a vehicle could prove how hard the crash was or if someone drove recklessly. Physical evidence includes things such as the weather conditions, skid marks or any other debris caused by the accident. It is likely that the other party will attempt to conceal evidence or alter it in any way, so an accidents lawyer should be quick to get any potential evidence before it's lost.
Pictures can also be valuable evidence in a car accident case. The availability of numerous images from different angles is important. A digital camera is the best, but a regular camera will also work. It is best to snap photos as soon following the accident as possible in order to minimize the chance that someone could modify the photos. It is also beneficial to put an expiration date on your photos, so be sure to do this.
A police report is another piece of vital evidence that you'll need following an accident. Police officers who respond to an accident scene will write a report. The report will contain details of the incident, observations made by the officer, and the officer's opinion as to who was at fault. This is a very important piece of evidence. It's vital to get a copy of it as soon as you can.
Medical records are important evidence in cases of accident. They will reveal the extent of pain and suffering you have endured, and they will be a strong evidence for your claims of injury and loss of income. In addition, an accidents lawyer may consult medical experts to gain information on the extent of your injuries and how they could impact your life in the future.
Documenting your injuries
Documenting your injuries is an essential step in establishing the foundation for a personal injury claim. This goes beyond taking photos of the physical evidence - your attorney will also need an exhaustive account of the effect your injuries have affected your life, including current and future medical expenses, emotional and financial toll, and any other losses that are related to the accident. By meticulously documenting your injuries, you can aid your lawyer in establishing a clear link between your injuries and the accident, and increase your chances of securing the right amount of compensation for your injuries.
Photographing Your Injuries
If you're physically capable, take pictures of any visible injuries, like bruises, cuts, and lacerations, immediately after the accident. This will serve as an important visual record to your medical records, giving an immediate picture of the severity of your injuries. Take pictures of any damaged items, such as clothes or your vehicle. These pictures will be a valuable asset for you as memories fade over time.
It's important to seek medical attention following any incident, no matter how minor the injuries are. This will not only ensure you receive the proper medical care as well, but it's an essential element of your medical records. If you visit your doctor to discuss your accident, be sure to bring copies of all records that include prescriptions, X-rays, or MRI scans. These documents will allow you to determine the severity of any injuries and show that you are committed to following medical recommendations.
Keep a Pain Journal
As you progress through your treatment it's recommended to keep a daily pain journal which records your day-to-day symptoms and feelings. This will demonstrate your commitment to a complete and full recovery, and also provide you with a clear understanding of the impact your injuries have had on your life.
Keep track of all costs that you incur due to your accident. This includes transportation costs and medication costs. In addition, be sure to keep receipts or invoices relating to your lost income. This will help your lawyer to calculate the financial impact of your loss, which can then be included in your compensation claim. If you have any relatives or friends who witnessed the incident or witnessed the accident, ask them to give written statements regarding what they saw. Witness testimony can be a significant element in determining the cause of your injuries and assisting you obtain compensation for your loss.
Negotiating with the Insurance Company
If you have the evidence to prove your losses It should be easy to negotiate an appropriate settlement amount. The insurance company will attempt to reduce your claim by offering you less than what you deserve. You need an attorney who will fight for your rights and you. A lawyer with expertise in cases involving accidents can help you negotiate with insurance companies and protect you from being taken advantage of.
Once you have a firm grasp of the totality of your injuries and damages, you or your attorney should draft a demand letter that sets forth your request for compensation. This document should include your medical treatment, injuries, and losses as a result from the accident. It should also be accompanied by witness statements, medical records and invoices. The demand letter should also contain information regarding any property damage or other losses associated with the accident. Your lawyer will send this letter to your insurer and wait for a response.
The insurance adjuster handling your case will likely start with a low-cost initial offer, which you should immediately reject. After you've rejected the initial offer, the adjuster will usually make a counteroffer slightly higher than your original demand letter. Negotiations will continue until a fair agreement is reached that is able to compensate you for your losses and costs.
When you are negotiating your claim, it's important to be patient and respectful. It is important to be aware that the adjuster has a job to protect the bottom line, not you. It is also beneficial to talk about your injuries and hardships in an eloquent and respectful way. This will help you get your point across and make the adjuster more sympathetic to you.
It is important to have an official copy of your settlement agreement once you have reached an agreement. It should be recorded in a contract signed by both parties. You should also ask to be provided with an official transcript of any conversations that occurred over the phone or in person.
Filing an action
Your lawyer will file a lawsuit against the insurance company of the party at fault as soon as possible after your accident. Based on the circumstances of your case you may need to bring more than one lawsuit. It is essential to find an experienced lawyer for car accidents with expertise in handling complicated car accidents and negotiating with multiple parties.
After the initial discovery procedure is concluded the attorney will then send an email to the insurance company of the party at fault stating the facts and legal arguments for the reason that their insured is liable under New York law, along with a demand for damages. The letter will also detail the economic damages you have suffered, including medical bills and lost income, as well as non-economic damages like pain and suffering.
The insurance company will respond with a counteroffer, and negotiations begin. Be aware that the insurance company of the defendant has a an incentive to pay your claim as low as 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 case. The judge or jury will listen to both sides' arguments before making an informed decision.
The process of filing a vehicle accident lawsuit can take up to a year or more, but it is worth the time and effort. Insurance companies are more likely to settle for a fair amount if they know you have a lawyer for car accidents on your side. You will be better positioned to negotiate if the case does not settle. Your lawyer will also not charge an hourly rate but rather a percentage of the settlement or verdict. This is known as a contingency payment and is the most common method of paying lawyers for their services. This helps many people pay for a reputable car accident lawyer represent them and increase the chances of receiving the justice they deserve.