Your safety is paramount, whether in a minor fender-bender or a catastrophic crash. Call 911 to report the accident and seek medical attention immediately.
You should also gather and present all documentation related to your losses. This includes medical records, expert testimonies, financial documentation like repair estimates, and employment records. Click the South Dorchester Boston Accident Attorney to learn more.
Car accidents remain a leading cause of serious injuries and deaths in the United States. While advancements in safety features on cars and roads have greatly reduced the number of crashes, they still occur. As such, it is important to be aware of how to best protect yourself after an accident. This includes having the right legal representation on your side. An experienced lawyer will be able to guide you through the legal process and help you get the compensation you deserve.
Your attorney will work to gather evidence that supports your case. This includes reviewing the scene of the crash, witness statements, police reports, medical records, and surveillance footage. Additionally, your attorney will look at traffic laws and whether those involved abided by them to establish a clear picture of the accident. Accident reconstruction specialists may also be used to help recreate the scene and analyze evidence.
An experienced accident lawyer can help you understand your rights and how to navigate the complex law related to your claim. This is particularly true of insurance policies and coverages. Additionally, an accident attorney will help you build a claim that covers all of your expenses following the accident, including medical treatment costs, lost wages, property damage, and pain and suffering.
When building a claim, it is important to consider how the accident will affect you in the future as well. For example, you may need ongoing physical therapy and medications. In addition, you might experience long-term or permanent disability that limits your ability to work in the future.
A lawyer will evaluate all of your financial needs and determine the extent of your injury to ensure you are fully compensated. Additionally, they will handle all communication with insurance companies to prevent you from accidentally compromising your case by admitting fault or accepting a low settlement offer.
Frequently, the responsibility for a car accident can be shared by multiple parties. This is called comparative negligence. In New York, a jury can apportion percentages of blame to each party and adjust the total damage award accordingly. However, if you are found to be more than 50% responsible for the accident, you are not entitled to recover any damages.
Gathering Evidence
In a car accident case, there are both physical and circumstantial evidence that can help build your case. The physical evidence includes photographs and videos, witness testimony, and other documents like medical records. Obtaining the right evidence for your case is essential.
Photographs at the accident scene are important to have because they can help paint a picture of what occurred. They can show vehicle damage, visible injuries, weather conditions, and road conditions. This information can be vital in helping to establish liability and establish damages. Having the contact information of eyewitnesses is also critical. However, it may be difficult to locate witnesses, or they may not want to participate. This is why it’s important to have an experienced attorney for your accident.
Circumstantial evidence can include statements made by witnesses, public records, and police reports. It can also include expert opinions and analysis of the accident and the resulting damages. It is not as reliable as physical evidence, but it can prove a point in some cases. For example, if the at-fault driver was texting or calling someone while driving, this could be considered as circumstantial evidence of their negligence.
In addition to obtaining physical and circumstantial evidence, it’s also important to keep records of any financial losses from the accident. This includes medical bills, lost wages from time off work, and any other expenses related to the accident. An experienced attorney will be able to provide guidance as to what records should be obtained and how to properly document them.
An experienced attorney will also be able to facilitate all communication with insurance companies on your behalf. This is essential in preventing you from accidentally saying something that could compromise your case. They will also be able to assess whether the insurance company is treating you fairly and making reasonable settlement offers. They will also be able to determine any expert witnesses who are necessary and secure them for you. A skilled car accident attorney can significantly increase the strength of your case and your chances of receiving fair compensation for your injuries.
Negotiating
Car accident negotiations can be frustrating and time-consuming. Insurance companies are often hesitant to provide sufficient compensation for your claim and may push you to accept their offer even if it’s below what you deserve. An attorney can help you avoid making this mistake. Their familiarity with insurance policy details and their negotiation skills are invaluable in the settlement process. They will be able to evaluate whether an insurance company’s initial offer is fair and will fight for the maximum amount of money you should receive.
They will start the negotiation process by sending a demand letter detailing how much you need to cover your damages. This will include the cost of your medical treatment, any other out-of-pocket expenses you’ve incurred as a result of the accident, and a calculation of your lost earnings from time missed at work. A good attorney will also bolster your claim by including evidence that supports your loss of quality of life due to the accident. They will also consider emotional distress, pain and suffering, and other non-economic damages in the calculation of your overall award.
Once they have received this letter, the insurance adjuster will likely make a counteroffer. Throughout the back-and-forth, your lawyer will navigate each of their offers with finesse, highlighting the strengths of your case and pinpointing weaknesses in their stance.
It is important to remember that once you accept a settlement, your case will be closed, and you cannot pursue more compensation for the injuries and losses you have suffered. Therefore, it is always best to negotiate with the insurance company to see if they can improve their initial offer.
When it comes to negotiating with insurance companies, the best strategy is to be patient and persistent. It can take several months for your case to reach the settlement stage, which may feel like forever if you’re struggling financially with medical bills or car repairs. However, an experienced attorney will be able to help you avoid unnecessary frustrations by remaining calm and focused on your goals. They can also help you avoid common mistakes that can harm your chances of a successful settlement, such as failing to follow up on medical treatment or claiming damages for things that are not covered by the policy.
Litigating
The vast majority of car accident injury cases are resolved through a negotiated settlement. A skilled car accident lawyer is a knowledgeable advocate who can help ensure that you receive fair compensation for all your losses and injuries. During an initial consultation, they examine case details to determine liability and calculate damages. They can also investigate the accident scene, interview witnesses and review medical records. They have a thorough understanding of insurance laws and the nuances of policies, as well as how to negotiate with insurers and maximize compensation for their clients.
Car accident attorneys assess the severity of their client’s injuries to determine the total value of their claim, including past and future medical bills, lost wages, property damage and emotional distress. They can also provide an estimate of current and future care needs, which are often overlooked in crash claims. They have a strong understanding of how to present this information in a compelling manner so that the insurance company is likely to increase its offer.
They understand how important it is to seek immediate medical attention after a car accident. Besides the obvious benefit of getting diagnosed and treated quickly, it also strengthens a negligence claim by documenting the injuries and establishing causation. This is particularly important in cases involving a traumatic brain injury or spinal cord injury, which have lifelong implications.
An experienced attorney will review medical records to establish a clear link between their client’s injury and the defendant’s actions, proving causation. They will also consider comparative fault laws and the impact that may have on their client’s potential compensation.
Finally, they will assist their clients in filing a claim within the statute of limitations. This deadline varies by state, but it is crucial to avoid losing the right to pursue compensation. Moreover, they will ensure that all procedural requirements are met, including the timely submission of required documents and evidence.