How a Lawyer Can Help You File a Personal Injury Claim
Based on the laws of your state, the statute of limitations can restrict the time you can file for compensation after an accident. A skilled lawyer will be able to deal with these issues and fight for fair compensation.
A lawyer will also request narrative reports from your doctors in order to determine your injuries and treatment and also to determine your initial diagnosis and prognosis. These reports will form part of your claim for damages.
1. Gather Evidence
Evidence is the main element of any injury claim. Although it's not always possible to gather all of the essential evidence on your own (such as witness testimony or video surveillance footage) A skilled lawyer can engage in various investigative strategies to help build a strong case and get you the compensation you deserve.
The first step in collecting evidence is to take photos and make notes of everything that happened. This could be as easy as using a notepad and pen at the scene or as complex as recording 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 useful in a legal matter in that they can prove the manner in which the accident occurred. In the case of car accidents, where accident facts are not immediately obvious, witnesses can be very useful.
Next, you should take all your medical records and documents related to the accident. This includes hospital records and doctor's appointments and any other expenses you might have incurred as a result of the accident. This includes prescription medication, home health aides therapy sessions, and even the cost for absences from work due to injuries. Keep an injury journal for yourself, where you write about your pain levels and how your injuries impact your daily activities.
You should also gather evidence of the scene of the accident. This can include any debris left behind after the accident as well as damaged clothing or broken electronic devices. Videos and photographs are especially beneficial as they capture key features that could be used to prove the accident, such as the lighting, weather, or road conditions. They can also capture any skid marks or obstructions that could be a factor in the accident.
A lawyer may also visit the site of the accident to collect physical evidence and take pictures. They can also talk to experts to gain specialized insight into how an accident could have occurred.
2. Take Photos
Photographs are one of the most important pieces evidence that a personal injury attorney can utilize to support your claim for compensation. Insurance companies evaluate accidents based on their own financial interests and will do anything to stop you from receiving compensation.
Take as many photographs as you can of the site of the accident. You can ask a family member or friend to help you take pictures in case you aren't able to. Your lawyer can make use of photographs of the site of the accident along with any other nearby landmarks and street signs to determine the exact cause of the crash. It is also crucial to document the damage to all vehicles involved in the crash and any other property damaged due to the collision.
Close-up photos of your injuries will also aid your attorney in proving the severity and extent of your injuries. Taking clear, high-quality photographs of your injuries will aid your attorney in convincing the insurance company that your injuries are serious enough to warrant compensation for your medical bills, lost income and other damages.
If you can, take your photos at the time of the accident as well as within a short time after the incident, before anyone else has moved any other objects or cleared the area. Your attorneys can then use your photos to recreate the scene and show insurance companies that you were injured as a result of the incident.
Be aware that you should only submit your photographs to the insurance company only if you are instructed by your attorney and not to any other third parties without your lawyer's permission. If you divulge your photos to the wrong people, it could hurt your case and impede your right to compensation for the lawyer's accident.
It's also a great idea to capture photos of your clothing and footwear as this will help establish 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 claim that the condition of the staircase or walkway caused your injuries.
3. Don't Admit Fault
It could have serious legal consequences. It can affect the legal process, insurance claims and liability. It is important to consult an attorney prior to admitting to fault following an accident.
It is easy to make statements that could be used against you after the occurrence of an accident. Often, victims say things such as "I'm sorry" or "It was my fault." These statements can be misinterpreted and work against you during the insurance claim process. Additionally, it is important not to apologize in person since it could be interpreted as an admission of guilt.
If you are speaking to medical professionals or police at the scene of an accident, stick to only providing details. It is recommended to leave it up to the experts from the police and medical profession to determine the cause of the accident. Don't ever talk to the driver's insurance company as this could be considered an admission of guilt.
The elements that determine fault in car accidents are the weather conditions, road conditions and the actions of both the parties. Incorporating all of these aspects can help ensure that the correct party is accountable for any damages. However, many people tend to take the wrong path of assuming responsibility, particularly at the scene of an accident. This can cause a variety of issues, including increased liability and a decreased value of your claim.
In New York, it is crucial to keep in mind that a person is only able to file a lawsuit against another party for a personal injury under certain conditions. This is due to the state's no fault system that requires injured individuals to first turn to their personal injury protection (PIP) insurance companies to receive compensation. This is even if the other party is at fault for the accident.
If you are involved in an accident, it is essential to remain calm and take some deep breaths. It is also essential to check yourself and any passengers for injuries and seek medical attention if required. Photograph the scene of the accident and injuries as well as any damage. In addition, it is advised not to admit fault at the time of the accident and instead seek legal assistance.
4. Contact an attorney
An attorney can negotiate with insurance companies in your best interest. They will know how to react to the insurance company's representative when the person at fault tries to minimize your losses or pressures you into accepting a settlement which does not pay for all your losses.
Your lawyer will look into the details of the accident to determine the fault and estimate the damage. They will then consider legal strategies for getting you the compensation you deserve.
The most frequent types of non-economic damages that people who suffer from personal injuries seek are pain and suffering, emotional distress, disability, disfigurement, and lost quality of life. Although it is difficult to assign an amount on these damages, an attorney can provide an estimate based upon similar cases.
Attorneys have lots of experience in handling injury cases. They will make sure that all medical bills are paid and any damage to your vehicle is compensated. They will also fight to secure you the most compensation for your suffering and other damages.
An experienced attorney is up-to-date on the most recent changes to the law that may affect your case. This includes statutes of limitations which are the rules that determine the maximum time you have to make a claim. You may lose your claim to compensation if you miss the statute. A lawyer will ensure that you do not miss any deadlines.
High Point accident lawyer will also investigate to gather evidence at the scene of the accident. Included are witness testimony, photographs, eyewitness accounts and video footage. They may even return to the scene of the accident and study the site. This is important because a thorough investigation is necessary to prove the reason for the accident and determine who was at fault.