The Importance of a Car Accident Attorney If you're injured in a car crash, an attorney can help ensure you receive fair compensation for your losses and injuries. A lawyer can provide you with deadlines that could impact your claim (also known as statutes or limitations). Never give any information whether written or oral, to an insurance representative for the party at fault. These statements will be recorded and used against you in court if your case goes to trial. Gathering Evidence The outcome of your car accident insurance claim or lawsuit will be based on the quality of evidence you can produce. This includes physical evidence such as photos, skid marks and other debris, as witnesses' testimony and official documents including police reports. The earlier you begin gathering evidence the earlier you start gathering evidence. This is particularly true when you are trying to establish the reason for your injury and the responsibility of the other party in the accident. Photograph the accident scene before vehicles or items have been damaged or moved. This can help you and your attorney establish the circumstances in which the accident occurred, such as whether the other driver was speeding or distracted. Also, you should gather any other pertinent information that could be used to support your case. For instance, if other driver in the accident was driving a commercial vehicle, make note of the owner's company it as well as the truck's unique identification number (VIN). If there were witnesses to the incident, gather their contact details and statements. Insurance adjusters and other fact finders often consider neutral witnesses who have no financial stake in the matter to be more credible than those who were part of the incident. One of the most important pieces evidence to get is a police report that was filed at the time of the incident. This report will give your attorney the details of the incident, such as the names of the individuals involved as well as the description of every vehicle involved. It will also include the officer's comments and opinions about the incident, and who was at fault. In addition to the police report, it's important to keep medical records of any injuries you suffered in the accident. This will help your attorney evaluate your injuries accurately and the impact they've had on your life. You may also wish to gather any other documentation that supports your claim, such as receipts or bills for vehicle repair medical treatments, lost income from working as a result of the accident. Dealing with Insurance Companies Car accidents are one of the most terrifying experiences anyone could go through. They can be stressful and potentially dangerous leading to injuries that require costly medical care or result in loss of income. It is important to hire the best lawyer to protect your rights in New York and to get the compensation you deserve. An accident lawyer is able to gather the evidence needed to make a successful claim including police reports, witness statements medical records and invoices including employment and loss of earnings information, as well as car damage information. https://vimeo.com/709670908 have also worked with insurance companies in the past and are able to recognize any attempts to deny or low-balling offers. In addition, an accident lawyer can help determine the types of damages you are entitled to which will pay for your physical and emotional pain and suffering, as well as any financial losses that result from the accident such as medical expenses and lost wages, property damage, and the future needs for treatment. Insurance companies are in business to save money. They will do anything to deny or settle a claim that is valid. They also question the injuries of victims and try to minimize the severity to reduce the amount they pay out. Many accident victims are not aware of the various tactics employed by insurance companies to make money of them, particularly those that have not hired an attorney. Avoid negotiating directly with an insurance company following an accident because they are experts in reducing claims. They might even employ such tactics as: An experienced car accident lawyer has the experience, knowledge and resources to fight for you against these businesses and will be capable of negotiating a higher settlement than you would otherwise receive. They'll also be aware of any time limitations that could apply to your case (called statutes or limitations) and will ensure that you don't lose the right to sue the driver at fault. Negotiating a Settlement When the time comes to negotiate a settlement with your insurance provider your lawyer is prepared to talk to them on your behalf. This will let you focus on your recovery and not get emotionally involved in the discussion. This is important because of two reasons. One, it will allow you to be more attentive to what the insurance company is saying and identify any problems with their stance that could be used as leverage in negotiations. This will also help you refrain from making statements that could harm your case. A lawyer can help determine how much an appropriate settlement will be by factoring in all of your damages. This includes all your losses that you incur, including medical bills and future ones, lost income, cost to replace or repair your vehicle, pain and suffering. Based on the circumstances you may be eligible for additional compensation, including attorney's fees or punitive damages. Negotiations can be lengthy and complicated. A knowledgeable attorney understands the ins and outs of dealing with insurance companies and will make the process easier than you can. He or she will also collect all the evidence required to make your case as strong and convincing as you can. This includes police reports witnesses' testimony doctors and hospital records, and data on wage and employment loss. The insurance company will examine all of the documentation and then issue an offer for settlement. It is rare for the amount offered to be enough to cover all your losses. You should be careful about the offer and determine if it's worth it to accept. If you think the offer is not fair, your attorney will be able to craft an extensive demand letter that explains why you feel your claim is worth more. The insurance company is likely to respond with a variety of arguments about the reasons why they believe their offer is fair. Your attorney will be able to argue against these arguments using the evidence you have gathered. Filing a Lawsuit Your lawyer will serve as your advocate throughout the process to ensure you receive the most compensation possible. They are legally required to keep your best interests in mind at all any time. They will always be by your side whether they're dealing directly with an insurance company or presenting your case before a jury or judge. After you've dealt with any injuries and gathered all the evidence you can collect Now it's time for your lawyer to file a suit against the driver responsible. Your attorney will handle the procedure for you, making sure that all legal requirements are met and that your claim is filed within your state's deadline. This deadline, sometimes referred to as a statute or a limitation, limits the time you have to bring a lawsuit in order to recover damages. Your attorney will collect more information on your behalf during the discovery process. It is a formal process whereby the parties to a lawsuit exchange information. This can be done through written questions addressed to the other party, and answered under oath, as in requests that documents or physical objects be produced in the case. Examples include police reports, photos of the scene of the accident and witness statements. Your lawyer could also conduct a deposition which is a interrogation of witnesses under oath, which is recorded and used in court proceedings. Your lawyer can also provide useful guidance and assistance throughout the legal process. You can choose whether you want to settle outside of court or file a claim and the amount of damages you are seeking if you decide to file a suit. They can help you determine the proper amount to request for your past, present and future pain and suffering, and any medical expenses or lost wages you've incurred as a result of your injuries. If you've been injured in an auto accident, call Bruscato Law for assistance. Our car accident lawyers are available to review your case and answer your questions. To get started, set up your free consultation.