How a Lawyer Can Help You File a Personal Injury Claim
Based on the laws of your state, the statute of limitations may limit how long you can claim compensation following an accident in the car. An experienced attorney accident lawyer will know how to navigate these issues and fight for fair compensation.
An attorney will also request medical reports that are narrative from your doctors to determine your injuries, treatment, initial diagnosis and prognosis. These will become a part of the damages you claim.
1. Gather Evidence
Evidence is a crucial element of every injury claim. It’s not always possible for you to gather all the required evidence (such as video surveillance footage or witness testimony) However, a skilled attorney can make use of different investigative methods to make a convincing claim and secure the amount you’re entitled to.
To begin gathering evidence, snap photos and note down all that took place. You can do this with an ordinary notepad and pen to sketch the scene or you can record the details on your smartphone. You should also gather the names and contact numbers of all those who were involved in the incident. This includes witnesses. Witness statements can prove valuable in a legal case, as they can establish the circumstances of the accident. In car accidents where the incident details aren’t immediately apparent witnesses can be extremely beneficial.
Then, you must gather all of your medical records and other documents that relate to the accident. This includes hospital records, doctor’s appointments, and any other expenses that you’ve incurred as a result of the accident. This includes prescription medications as well as home health aids and therapy sessions, or even the cost of the time you miss at work due to injuries. You should also keep your injury diary where you describe how your injuries impact your daily activities and pain levels.
You should also collect any physical evidence that is found at the scene of the accident. This could include any debris left behind after the accident injury as well as damaged clothing or broken electronics. Videos and photographs are especially beneficial as they capture important features that can be used to prove the cause of the accident including the lighting, weather or road conditions. They can also record any skid marks or obstructions which could have caused the accident.
A lawyer can also visit the accident site to gather evidence in physical form and take pictures. They can also talk to experts to gain insight on how an accident might have happened.
2. Take Photos
Photographs are one of the most important pieces evidence that a personal injury lawyer can use to prove your claim for compensation. Insurance companies will analyze the claims of accident victims in accordance with their own financial interest and will do everything to deny you compensation.
You must take as many pictures of the accident scene as you can safely. If you are unable to take pictures on your own, ask for the help of a family member or witness. Your lawyer can make use of photographs of the site of the accident as well as any other nearby landmarks and street signs to determine the exact circumstances of the crash. Take pictures of all vehicles involved in an accident and other property damaged.
Close-up photographs of your injuries can also be very helpful to your attorney in proving the severity and scope of your injuries. Taking clear, high-quality photographs of your injuries can aid your attorney in convincing the insurance company that your injuries are serious enough to warrant compensation for medical bills, lost income and other damages.
If you are able attempt to collect your photos taken at the scene of the accident or as soon as you can afterward, prior to anyone has removed any objects or cleared the area. Your attorneys can then make use of your photographs to recreate the accident scene and prove to the insurance companies that you suffered injuries due to the incident.
You should only send your photos to your insurance company on the instructions of your attorney. Don’t share your photos with anyone other person without the permission of your lawyer. If you make a mistake and reveal your photos to the wrong people, it could hurt your case and impede your rights to compensation for your lawyer injury accident.
It is also a great idea to take pictures of your footwear and clothes to prove that your injuries weren’t caused by the clothing you were wearing. This is particularly important in cases involving slip and fall accidents where property owners might try to claim that the condition of the walkway or stairs caused your injuries.
3. Don’t Admit Fault
It can have serious legal consequences. It could affect the legal process, insurance claims and liability. It is important to consult an attorney prior to admitting to fault after an accident.
During the chaotic moments following an accident, it could be easy to say something that can be later used against you. Most often, victims make statements such as “I’m sorry” or “It was my fault.” These statements could be misinterpreted and work against you in the process of claiming insurance. In addition, it is important to not apologize in person, as it could be perceived as an admission of guilt.
Stay true to the facts when talking to police or medical experts at the scene of the accident. It is best to let police and medical experts determine the fault based on their knowledge. Never contact the insurance provider of the other driver as it could be seen as an admission.
The responsibility for car accidents is determined by a variety of factors that include road conditions, weather, and actions of both the parties. Incorporating all of these factors will ensure that the right party is accountable for any damages. However, many people tend to fall into the trap of assuming fault, especially in the aftermath of an accident lawsuits. This can lead to several issues, including increased liability and decreased value of your claim.
It is important to remember that in New York, a person is able to sue a person for personal injury provided certain conditions are satisfied. This is because the no-fault state law requires that injured individuals first contact their personal injury protection insurance companies (PIP) to request compensation. This is true even if a third party is responsible.
In the event of an accident lawsuit, it is important to remain calm and take a few deep breaths. It is also essential to inspect yourself and all passengers for injuries and to seek medical attention if needed. Take pictures of the accident site and injuries as well as any damage. In addition, it is advised not to admit guilt at the scene of the accident and to instead seek legal guidance.
4. Contact an attorney
An attorney can negotiate with insurance companies to protect your interests. They will know how to react to the insurance company’s representative when the person at fault attempts to minimize your damages or pressures you into accepting a settlement which does not take care of all your losses.
Your lawyer will take an in-depth review of the details of your accident to determine liability and assess damages. They will then look at legal strategies to get you the compensation you deserve.
The most frequent types of non-economic damages that personal injury victims seek include emotional distress and disfigurement, disability, and loss of quality of life. While these are difficult to put a dollar amount on, your attorney can give you an estimate basing it on similar cases.
Attorneys have years of experience in handling injury cases. They will ensure that your medical bills and any damage to your vehicle are covered. They will also fight for the maximum compensation you deserve for the suffering, pain, and other damages.
An experienced lawyer will stay up to date with the most recent changes to the law that could impact your case. This includes statutes, which are the rules that define the maximum period of time for filing a lawsuit. You could lose your claim to compensation if you fail to comply with the statute. An attorney will make sure that you do not violate any deadlines.
Your lawyer will also look into the scene of the accident and injury to gather evidence. This includes witness testimony, photos of the crash site eyewitness accounts, as well as video footage. They will even go back to the scene and look over it for themselves. This is crucial, as an extensive investigation is needed to determine the causes of the accident as well as who is at fault.