The Importance of a Car Accident Attorney If you're injured in a car accident An attorney can ensure that you get fair compensation for your losses and injuries. An attorney can help you understand the time limitations that could affect your claim (also known as statutes or limitations). Never give any statement either in writing or oral form to the representative of the at-fault party's insurance company. These statements will be recorded and used against you in court, should you are in a court case. Gathering Evidence The outcome of your insurance claim for car accidents or lawsuit will be determined by the quality of evidence you produce. This includes physical evidence like images, skid marks and debris, as well witnesses' testimony and official documents, including police reports. The earlier you begin gathering evidence The sooner you start collecting evidence, the better. This is especially true when you are trying to establish the cause of your injury and the liability of the other party for the accident. If you are able capture photos of the scene of the accident before the vehicles or other objects are moved or damaged. This will help you and your attorney establish the circumstances in which the accident occurred including whether the other driver was speeding or distracted. You should also gather any other information that might be relevant to your situation. If the driver who was involved in the accident was driving a truck note the company that owns the truck as well as its unique identification number (VIN). If there were any witnesses to the incident, collect their contact information and a statement. Insurance adjusters and other fact finders typically look at neutral witnesses with no financial stake in the investigation to be more trustworthy than those who participated in the incident. A police report at the time of the incident is one of the most important pieces to have. This report will give your attorney crucial information about the accident, including the names of the people involved and a description for each vehicle involved. It will also include the officer's observations and opinions regarding the incident and who was at fault. In addition to a police report, it's important to keep medical records of any injuries you suffered in the course of the collision. This will allow your lawyer to determine the severity of your injuries and how they have affected your life. You may want to collect additional documents to back your claim. This includes receipts or bills from repairs to vehicles, medical treatment and lost earnings due to missing work. Dealing with Insurance Companies Car accidents are among the most painful experiences anyone can go through. They can be very dangerous and stressful, leading to injuries that require expensive medical treatment or even loss of income. It is important to select the appropriate lawyer to protect your rights in New York and to get the compensation you are entitled to. An experienced accident lawyer knows how to gather the evidence needed for a successful claim including police reports and witness statements medical records, bills and other documents including employment and loss of earnings information, as well as vehicle damage details. They also have experience dealing with insurance companies and are able to spot any attempts at refusal or low-ball offers. Additionally an accident lawyer can assist you to determine the types of damages you are entitled to which will pay for your physical and emotional suffering as well as any financial losses that result from the accident like medical expenses and lost wages, property damage and future treatment needs. Insurance companies are in the business of saving money. They often try to do everything they can to stop legitimate claims or accept less than what an accident victim is due. They frequently challenge victims, ask questions about their injuries and minimize the extent of the accident to reduce the amount of money that is paid on settlements. Many victims of accidents aren't aware of the different tactics used by insurance companies to take advantage of them, especially those who do not have an attorney. The main reason you shouldn't negotiate directly with an insurance company following a car accident is that they are experts at lowering claims. They could even employ techniques such as: An experienced car accident lawyer is equipped with the knowledge, expertise and resources to defend you against these businesses and will be capable of negotiating a larger settlement than what you would otherwise receive. They will also be familiar with any time limitations (called statutes of limitations) that may apply to your situation and ensure that you do not lose your right to file a lawsuit against the responsible driver. The process of negotiating a settlement When the time comes to negotiate an agreement with the insurance provider, your attorney is prepared to talk to them on your behalf. https://vimeo.com/709648351 will allow you to not get emotionally involved in the discussion and concentrate on your recovery. This is important because of two reasons. It helps you listen to the insurance company better and identify any issues with their policy that could be used to leverage negotiations. This will also keep you from saying anything that could hurt your case. A lawyer can help calculate the amount of a fair settlement taking into consideration all your damages. This includes your current and future medical expenses as well as lost income, the cost of replacing or repairing your vehicle as well as pain and suffering and more. You could be entitled to additional compensation, like attorney's fees and punitive damages. Negotiations can be long and complicated. An experienced attorney knows the details of dealing with insurance companies and can make the process easier than you will. They can also gather all the evidence necessary to make your case as strong and convincing as it can be. This includes police reports witnesses' testimony as well as hospital and doctor's records and employment and wage loss information. The insurance company will examine the documentation you have submitted and issue an offer of settlement. The amount offered is rarely enough to cover the entire loss. You should take your time weighing the offer and decide if the offer is worth your time to accept it. If you feel that the offer is too low, your lawyer will draft a precise demand letter stating why you believe that your claim is worth more. The insurance company will likely respond with a variety of arguments to explain why they believe their offer is reasonable. Your lawyer will be able counter these arguments with the evidence you've collected. Filing a Lawsuit Throughout the process of trying to obtain the maximum compensation, your attorney will serve as your advocate. Your attorney is ethically bound to always keep your best interests in mind. If they're dealing with an insurance company or presenting your case in before a judge, or jury they will be at your side to make sure that you receive the money you deserve. After you've treated any injuries and gathered all of the evidence you can, it's time for your lawyer to bring a lawsuit against the at-fault driver. Your attorney will take charge of this process, ensuring that all legal requirements are met, as well as that your claim is filed within the time frame set by your state. This deadline, also known as a statute or a limitation which limits the time that you are required to bring a lawsuit in order to recover damages. Your lawyer will collect additional information on your behalf as part the discovery process. This is a formal process in which both parties in a lawsuit exchange relevant information. This can include written questions addressed to the other party, and answered under oath as well as requests that documents or physical objects be presented in the trial. Examples include police reports, photographs of the accident scene witnesses' statements, etc. Your lawyer may also conduct depositions. This is a verbal interrogation of witnesses under oath, which is recorded and used as evidence in court. Additionally your lawyer will be able to give you advice and guidance throughout the legal process. This will help you decide if prefer to settle your case outside of court or file lawsuits and, if you choose to pursue a lawsuit in the first place, what kind of compensation you're looking for. They can help you decide the appropriate amount of money to seek for your past, present and future suffering and pain and any medical expenses or lost wages that you've suffered as a result of your injuries. If you've been injured in an auto accident, call Bruscato Law to seek help. Our lawyers for car accidents are ready to examine your case and address any questions you have. Book your free consultation today to get started.