How a Lawyer Can Help You File a Personal Injury Claim
The statute of limitations may limit the time to file a claim for compensation after a car accident. A seasoned attorney can deal with these issues, and fight for fair compensation.
An attorney may also request medical reports in writing from your doctors to determine your injuries, treatment, diagnosis and prognosis. These reports will form part of your damages.
1. Gather Evidence
Evidence is the main element of any 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 good attorney can use a variety of investigative techniques to make a convincing claim and secure the compensation you deserve.
To begin accumulating evidence, snap photos and note down all that occurred. This could be as easy as using notespads and pens at the scene or as complex as recording the details on your smartphone. It is also important to collect the names and contact details of all those involved in the accident as well as witnesses. Witness statements are extremely valuable in a legal proceeding because they can help establish the root of the accident. In the case of car accidents, where accident facts are not immediately apparent, witnesses can be very beneficial.
The next step is to collect all your medical records and documents relating to the accident. This includes hospital records and doctor's appointments and any other expenses that you may have incurred because of the accident. This includes prescription drugs as well as home health aids and therapy sessions, or even the cost of time missed at work due to injuries. Keep an injury journal for yourself, where you describe the severity of your pain and how injuries affect your daily activities.
You should also gather any physical evidence from the scene of the accident. This could include any debris that is left behind after the accident or damaged clothing, or smashed electronic devices. Videos and photos of the scene are especially valuable, as they capture key features that can be used to prove the manner in which the accident happened like lighting and weather or road conditions. They can also document any skid marks or obstructions that might have contributed to the accident.
A lawyer may also visit the scene of the accident to gather evidence from the scene, and take photos. They can also talk to experts to gain specialized insight on how an accident might have happened.
2. Take photos
Photographs are among the most important pieces evidence that a personal injury lawyer can utilize to support your claim for compensation. Insurance companies review claims using their own financial interests in mind, and will usually use any means to prevent you from receiving the compensation you're entitled to.
Take as many pictures as you can of the accident site. If you're unable to take photos yourself, ask for the help of a friend or a witness. Photographs of the location of the accident, as well as any nearby landmarks or street names signs can assist your attorney establish the exact circumstances that caused the accident. It is also important to take pictures of the damage to each vehicle involved in the accident as well as any other property damaged by the accident.
Close-up images of your injuries will also aid your attorney in proving the extent and severity of your injuries. Taking clear, high-quality photographs of your injuries will assist your attorney in proving to the insurance company that your injuries are sufficient to warrant compensation for medical expenses, lost income and other damages.
If possible, try to capture your photos at the time of the incident as well as as soon as possible afterwards, before anyone else has moved any objects or cleared the area. Your lawyers may use the photos to recreate an accident scene to prove to insurance companies that you suffered injuries as a result of the accident.
You should only submit your photos to your insurance company per the advice of your attorney. Never share your photos with anyone else without your lawyer's consent. If you divulge your photos to the wrong people, it could taint your case and compromise your rights to compensation for the lawyer's accident.
It's also a good idea to document your footwear and clothing to establish that your injuries weren't caused due to what you were wearing. This is especially important in cases of slip and fall accidents, where property owners may attempt to claim that the condition of the stairs or walkway caused your injuries.
3. Don't Admit Fault
Accepting responsibility after an accident could have serious legal implications. It can impact insurance claims, legal proceedings and even liability. It is crucial to speak with an attorney prior to admitting guilt after an accident.
During the chaotic moments following an accident, it can be easy to say something that could be later used against you. Most often, victims say things such as "I'm sorry" or "It was my fault." These statements could be misinterpreted and work against you in the process of filing an insurance claim. It is important to avoid apologizing in person, since this can be interpreted as an admission.
When speaking to medical professionals or police at the site of an accident, stick to only providing details. It is recommended that you let the police and medical experts determine the fault based on their knowledge. Do not speak to the insurance company of the other driver as this could be interpreted as an admission.
The factors that determine fault in car accidents are the weather, road conditions, and the actions of both the parties. Taking into account all of these factors will ensure that the right person is held accountable for the damages. Many people make the mistake to assume blame, particularly when an accident occurs. This can result in several issues, including an increase in liability and a decrease in the value of your case.
In New York, it is crucial to keep in mind that a person can only sue another person for personal injury under certain circumstances. This is due to the state's no-fault system, which requires injured persons to first contact their personal injury protection (PIP) insurance provider to seek compensation. This is true regardless of whether the other party is responsible for the accident.
In the event of an accident, it's essential to remain calm and take several deep breaths. It is also important to inspect yourself and all passengers for injuries and to seek medical attention if necessary. It is critical to take pictures of the scene of the accident as well as any injuries and damage. It is also recommended to consult with an attorney for guidance rather than admitting to responsibility at the scene of the accident.
4. Contact an attorney
An attorney can negotiate with insurance companies on your behalf. They will know what to do if the insurance agent of the party at fault attempts to minimize your injuries or convince you to settle that doesn't cover all of your losses.
Your lawyer will look into the details of the accident to determine the fault and estimate damages. They will then look at legal strategies to help you get the amount you're due.
The most frequent types of noneconomic damages personal injury victims seek include emotional distress, disability, disfigurement, and loss of quality of life. Although it's difficult to place an amount on these damages, your attorney can provide you with an estimate based upon similar cases.
Attorneys have plenty of experience in handling injuries cases. They will ensure that your medical bills and any damage to your vehicle are protected. They will also fight to get you the maximum compensation for your pain and suffering as well as other damages.
An experienced attorney is up-to-date on the latest changes to the law that could impact your case. This includes statutes of limitations which are the rules that determine the maximum time you have to file a lawsuit. You may lose your claim to compensation if you do not meet the deadline. An attorney will make sure that you do not miss any deadlines.
Fresno accident attorney will also conduct an investigation to find evidence at the scene of the accident. This includes witness testimony, photographs, eyewitness accounts and video footage. They may even return to the site of the accident and examine the scene. This is crucial because a detailed investigation is crucial to prove the cause of your accident and to determine who was at fault.