How a Lawyer Can Help You File a Personal Injury Claim
Depending on your state's law, the statute of limitations can limit how long you can seek compensation following a car accident. An experienced lawyer will know how navigate these complexities, and fight for fair compensation.
An attorney will also request narrative medical reports from your doctor to establish your injuries, treatment, initial diagnosis and prognosis. These will be included in your damages.
1. Gather Evidence
Evidence is a cornerstone of every injury claim. While it is not always feasible to gather all the required evidence on your own (such as witness testimony or video surveillance footage) A good lawyer can engage in a number of investigative strategies to build a strong case and get you the compensation you deserve.
To begin gathering evidence, take pictures and record everything that occurred. You can make notes using simple notepads and a pen on the scene, or you can record the details on your smartphone. It is also important to collect the names and contact numbers of everyone involved in the accident. This includes witnesses. Witness statements are crucial in legal cases as they help determine the root of the accident. Witnesses can be particularly helpful in the event of car accidents, where the facts of the accident aren't immediately clear.
Next, you should gather all of your medical records and other documents that relate to the accident. This includes hospital records, doctor's visits and any other costs that you've incurred as a result of the accident. These include prescription medication as well as home healthcare aids or therapy sessions, or the cost of working because of your injuries. You should also keep a personal injury journal, in which you record the severity of your pain and how your injuries affect your daily activities.
You should also collect any physical evidence found at the scene of the accident. This could include the debris left behind by the accident, damaged clothing or damaged electronic devices. Photos and videos are particularly helpful as they can record crucial elements that could be used as evidence to prove the accident, such as the lighting, weather or road conditions. They can also record any obstructions or skid marks that could have contributed to the accident.
A lawyer can also go to the scene of the accident to collect physical evidence, and take photographs. They can also talk to experts to gain an understanding into how an accident could have occurred.
2. Take Photos
Photographs are an important element of evidence that 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 will usually use anything they can to deny you the compensation you're due.
Take as many photos as you can of the site of the accident. If you are unable to take the photos yourself and require help, seek the assistance of a friend or a witness. Photographs of the scene of the accident, along with any nearby landmarks or street name signs can assist your lawyer pinpoint the exact causes of the accident. It is also crucial to take pictures of the damage to any vehicles involved in the accident and any other property damaged by the accident.
Close-up photos of your injuries will also assist your attorney in proving the severity and extent of your injuries. Photographs that are clear and high-quality of your injuries can assist your attorney in proving to the insurance company that your injuries are sufficient to warrant compensation for medical bills, lost income and other damages.
If possible, try to take your photographs at the time of the accident as well as as soon as possible afterwards before anyone else has moved any object or cleared the area. Your attorneys can then use your photos to recreate the scene and show insurance companies that you suffered injuries due to the incident.
Remember that you should only submit your photos to the insurance company if directed by your attorney, and never to any other parties without your lawyer's permission. If you make a mistake and reveal your photos to the wrong people, it could taint your case and impede your rights to a fair settlement for your lawyer's injury.
If you're able to, it is also recommended to take photos of your clothing and shoes in order to show that your injuries weren't caused by the clothing or footwear you were wearing at the time of the accident. This is particularly important in cases involving slip and fall accidents, where property owners might try to claim that the condition of the staircase or walkway caused your injuries.
3. Don't Admit Fault
The admission of fault following an accident can have significant legal consequences. It can affect the legal process, insurance claims, and liability. Therefore, it is crucial to avoid admitting fault at the scene of an accident and to instead consult a lawyer.
It is easy to make statements that could be used against you following the aftermath of an accident. Many victims will declare "I'm sorry" or "It was my fault". These statements can be misinterpreted and could be used against you in the process of claiming insurance. It is also important to avoid apologizing in person, as it could be taken to mean an admission.
Be truthful when talking to medical or police experts at the accident scene. It is recommended to leave it to the experts from the police and medical profession to determine the cause of the accident. Never contact the insurance company of the other driver since this could be interpreted as an admission.
The factors that determine the cause of car accidents are weather conditions, road conditions and the actions of both parties. Incorporating all of these factors will ensure that the right party is held accountable for the damages. However, a lot of people tend to make the mistake of assuming fault, especially at the scene of an accident. This can result in many complications, including increased liability and lower value of your case.
It is important to remember that in New York, a person may only sue another party for personal injury provided certain conditions are satisfied. This is due to the state's no fault system that requires injured individuals to first seek out their personal injury protection (PIP) insurance provider to receive compensation. This is true even if a third person is responsible.
When involved in an accident, it's crucial 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. It is crucial to take pictures of the accident scene as well as any injuries and damage. Furthermore, it is best not to admit fault at the scene of the accident, and instead consult a lawyer for guidance.
4. Contact an attorney
An attorney can negotiate with insurance companies on your behalf. They'll know what to do if the insurance representative of the at-fault party tries to downplay your injuries or convince you to settle that doesn't fully cover your losses.
Your lawyer will take an in-depth review of the details of the accident to determine your the extent of liability and determine the damages. They will then consider legal strategies to help you get the compensation you are entitled to.
The most common type of non-economic damages that the victims of personal injury seek is emotional distress and disfigurement, disability, and diminished quality of life. Although it is difficult to put an amount on these damages, your lawyer can provide an estimate based upon similar cases.
Attorneys have a lot of experience in handling injury cases. They will make sure that your medical expenses and any damage to your vehicle are covered. They will also fight to get you the most amount of compensation for your pain and suffering and other damages.
A seasoned attorney will stay up-to-date with the most recent changes to the law that may affect your case. This includes statutes, which are the rules that establish the maximum period of time for filing a lawsuit. If Greenville accident attorneys fail to meet the statute of limitations, you could lose the right to compensation for your injuries. An attorney will make sure that you don't overrun any deadlines.
Your lawyer will also conduct an investigation of the scene of the accident to gather evidence. This includes witness testimony, photographs eyewitness accounts, and video footage. They can even go back to the scene of the accident and study the scene. This is important because an exhaustive investigation is required to prove the causes of the accident as well as who is responsible.