How a Lawyer Can Help You File a Personal Injury Claim
According to the law of your state, the statute of limitations may restrict the time you can file for compensation after a car accident. A seasoned lawyer can deal with these issues and fight for fair compensation.
A lawyer will also request narrative reports from your doctors in order to determine the extent of your injuries and treatment, and also your initial diagnosis and prognosis. These will be included in the damages you claim.
1. Gather Evidence
Evidence is the foundation of every injury claim. It is not always possible for you to gather all of the necessary evidence (such as video surveillance footage or witness testimony) however, a good attorney can make use of different investigative methods to make a convincing claim and get you the compensation you deserve.
To begin accumulating evidence, take pictures and record everything that happened. This can be as simple as using notespads and pens on the scene or as complex as recording the details on your smartphone. It is also important to collect the names and contact information of everyone who were involved in the incident. This includes witnesses. Witness statements are very valuable in legal cases as they help determine the root of the accident. In the case of car accidents, where incident details aren't immediately apparent, witnesses can be very helpful.
The next step is to collect all your medical records and other documents related to the accident. This includes hospital records and doctor's appointments as well as any other expenses that you may have incurred due to the accident. This includes prescription medications as well as home health aids therapy sessions, and even the cost for the time you miss at work due to injuries. You should also keep an injury journal in which you write about how your injuries affect your daily activities and your level of pain.
You should also collect any physical evidence from the scene of the accident. This can include any debris that is left behind following the accident, damaged clothing, or broken electronic devices. Videos and photographs are especially useful as they can capture crucial elements that could be used to prove the cause of the accident like the lighting, weather or road conditions. They can also capture any skid marks or obstructions that may have contributed towards the accident.
A lawyer can also go to the scene of the accident to gather physical evidence, and take photos. They could also talk to experts in the field to offer specific insight into the way in which an accident could have occurred.
2. Take photos
Photographs are a very important piece of evidence for an attorney who handles personal injury cases to use in support of your compensation claim. Insurance companies review claims with their own financial interests in mind, and they will often use whatever they can to deny you the compensation you're entitled to.
You should take as many photos of the scene as you can safely. If you're unable to take the photos yourself, ask for the help of a friend or a witness. Your attorney can use photographs of the scene of the accident, along with any other nearby landmarks and street signs to determine the exact circumstances of the accident. It is also important to take pictures of the damage to all vehicles involved in the crash, as well as any other property damaged due to the collision.
Close-up photographs of your injuries will assist your attorney in proving the severity and extent of your injuries. Your lawyer will be able to show the insurance company by taking clear, high-quality photos of your injuries, that your injuries are severe enough to be able to claim compensation for medical expenses or lost wages, as well as 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 object or cleared the scene. Your attorney could use your photos to recreate the accident scene to show insurance companies that you sustained injuries as a result.
Remember that YouTube should only send your photos to the insurance company when you are instructed by your attorney and not to any other third parties without your lawyer's approval. If you divulge your photos to the wrong people, it could hurt your case and compromise your rights to compensation for your lawyer's injury.
It's also a good idea to capture photos 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 of slip and fall accidents where property owners may attempt to argue that the condition of the walkway or stairs caused your injuries.
3. Don't Admit Fault
Admitting fault after an accident can have severe legal consequences. It could impact the legal process, insurance claims and liability. It is crucial to speak with an attorney before admitting guilt following an accident.
During the chaotic moments following an accident, it could be easy to make a statement that could be later used against you. Often, victims use phrases like "I'm sorry" or "It was my fault." These statements could be misinterpreted and could work against you in the insurance claim process. It is also important to avoid apologizing in person, since this can be interpreted as an admission.
Stay true to the facts when speaking to medical or police experts at the accident scene. It is best to let medical professionals and police determine fault based on their expertise. Additionally, never speak to the other driver's insurance company as this could be considered an admission of guilt.
The factors that determine the cause of car accidents are the weather conditions, road conditions and the actions of both parties. Taking into account all of these factors can ensure that the right party is held accountable for the damages. Many people make the mistake to assume blame, particularly when an accident occurs. This can cause a variety of problems, including an increase in liability and lower value of your claim.
It is important to remember that in New York, a person can only sue a third party for personal injury provided certain conditions are met. This is because the state's no-fault law requires that injured individuals first contact their personal injury protection insurance companies (PIP) for compensation. This is true even if a third party is at fault.
It is essential to remain calm and take some deep breaths if you are involved in an accident. You should also look for injuries on yourself and your passengers and seek medical attention, should you require it. It is critical to take photographs of the scene of the accident and injuries as well as any damage. It is also recommended to consult an attorney for guidance rather than admitting to fault at the accident scene.
4. Contact an attorney
An attorney can negotiate with insurance companies in your best interests. They will know how to react to the insurance company's representative when the person at fault attempts to minimize your injuries or convince you to accept an offer that does not pay for all your losses.
Your lawyer will take an in-depth review of the details of the accident to determine your the liability and calculate the damages. They will then analyze legal strategies to help you get the compensation you deserve.
The most commonly sought-after types of noneconomic damages personal injury victims seek include emotional distress and disfigurement, disability, and loss of quality of life. Although it is difficult to assign a dollar value on these damages, your lawyer can give you an estimate based upon similar cases.
Attorneys have years of experience handling injuries cases. They will make sure that all of your medical bills are paid and that any property damage to your vehicle is covered. They will also fight to secure you the most amount of compensation for your suffering as well as other damages.
An experienced attorney will keep up-to-date with the latest changes in the law that could affect your case. This includes statutes, which are the rules that define the maximum period of time for filing a lawsuit. If you fail to meet the statute of limitations, you may lose the right to compensation for your injuries. An attorney will make sure that you do not overrun any deadlines.
Your lawyer will also investigate to find evidence at the scene of the accident. Witness testimony, photographs eyewitness accounts, as well as video footage. They can even go back to the scene of the accident and examine the scene. This is important, because a thorough investigation is necessary to establish the cause of the accident and who is at fault.