How to Build a Lawyer Injury Accident Claim
Your lawyer will take into consideration your current and future medical costs, lost income due to missing work due to your injuries, as well as the impact that your injuries have had on your living standards when formulating your claim. These damages are referred to as pain and suffering.
A lawyer is a person who has completed a law degree and has a license to practice law in the jurisdiction in which they are licensed.
Medical Records
Medical records are an important element of any injury claim. They provide evidence that can back a claim for injury and also assist lawyers determine the viability of a lawsuit and the amount of compensation that could be given. Medical records from doctors, emergency rooms hospitals, therapists, and specialists are essential to provide complete information regarding the nature and extent of injuries that have been caused by an accident.
These documents could contain information like the list of symptoms, duration of time that the patient has been experiencing them and the cost of treating their injuries. Additionally, x-rays and other imaging studies are important to determine the severity of the damage. A doctor's prognosis for the future will provide valuable information on how long the injured patient can expect to suffer from their injury.
It might seem invasive to give the insurance company your medical records, however it is imperative to ensure that they have all the facts. This can help establish causality and could lead to an award of compensation that is substantial. The insurance company is likely to seek these documents in the form of a subpoena or court order. Your attorney can ensure that only the relevant records to your particular case are provided.
It is important to keep in mind that the insurance company is primarily concerned with their own bottom line. They will find any reason to deny your injury claim or to devalue it. It's important to hire an experienced personal injury lawyer to handle the negotiation and settlement process.
It's a smart idea to review your medical records by an attorney before releasing them. Based on the nature of your case certain medical records should remain off-limits, such as any history with mental health or abuse of substances. Your attorney will ensure you only hand over medical records that are relevant to your particular case. This will prevent any mistakes in the handling of your claim.
Witness Statements
Witness statements are a critical element of evidence in any personal injury case. Lawyers rely on witnesses to establish the timeframe of events, the conduct of parties involved and the impact on their clients. It is for this reason that it is important to get eyewitness statements as soon as you can following the accident, when the incident is still fresh in their minds.
The statement can be written by anyone, which includes a spouse, relative, colleague or friend and should answer the who the, what, where, when and why questions of the accident. It should include details such as the weather at the time of the accident as well as any blind curves or obstructions that impeded visibility, as well as road surface conditions.
The ideal witnesses are impartial, non-affiliated parties that can offer an impartial view of what transpired. However, some witnesses could be affected by their feelings or biases towards one party or the other. Thus, the witness should refrain from expressing opinions or arguments in their statement. Instead, they should concentrate on proving the facts of what happened and leave any accusation to the jury.
It is also important to get witnesses' statements as soon as you can after an accident because memories fade with time. If a witness recalls something that is not actually happening at the time of the accident it can confuse the court or insurance company. Having an experienced personal injury lawyer collect these documents can make all the difference in getting an equitable settlement from the insurance company.
A witness's testimony can be used to show that injuries weren't caused by the accident but were pre-existing. The witness could also explain how their condition has affected them, such as how they have missed family reunions or have difficulties getting to work.
It is also worth noting that the statement of the witness should include the Statement of Truth at the end that the witness must sign to confirm that the information contained in the document is true to the best of their knowledge. If a witness is accused of an offense for making an untrue statement and is found guilty, it could affect their credibility.
Photographs
Photographs of a lawyer's injury accident are among the most valuable evidences that can be used to prove an injury claim. They can be extremely helpful in proving negligence and other expenses like medical expenses, lost wages estimates for property damage and pain and suffering. Photos can assist juries, insurance adjusters, and your personal injury attorney to understand the scene of the accident as well as what you went through in the aftermath of it.
If the liability for the accident is unclear, photographs are especially important because they help experts identify actions that could have contributed to the collision by looking at specifics like skid marks, the final resting positions of vehicles and the patterns of damage. When combined with witness statements and other forms of evidence, photographs offer little room for interpretation, and could help an insurance company to resolve your case, rather than argue it in court.
Taking pictures of the scene of the accident is easy with most smart phones and other cameras. You should take several photos of the accident scene, from various angles. If possible you could also record video. Make sure to write down the date and the time of the day on the back of each photo or ask a trusted friend to do it. Do not move or touch any of the objects in your photographs. Also, do not use Photoshop to edit them. This could be considered tampering.
It is a good idea after you have recovered, to take photos of your injuries at various moments during your recovery. This will allow you to keep track of your improvement over time. This is especially useful in proving future injuries.
When paired with other pieces of evidence, such as medical documents or proof of income and a damaged vehicle estimate, photographs can aid a jury or judge to give you the money you deserve to recoup your losses. Get a no-cost consultation with our lawyers today to learn more about how we can help you with your case.
Demand Letter
A demand letter is an official document that your attorney sends to your insurer to seek compensation for your losses. The letter is usually composed of your name as well as the details of your accident and the reason for seeking compensation. It includes a detailed description of your injuries and how they have affected you, including financial losses like medical bills and loss of earnings, as well as non-economic losses such as pain and suffering and loss of quality of life and emotional stress. The letter also outlines any evidence to support your claim. This could include police records, medical records, and witness statements.
A reputable personal injury lawyer will assist you in determining the amount you should request in your demand letter. This will be based upon your damages and comparable settlements or verdicts from similar accidents that have occurred within the region. They will also take into account any unique circumstances that may influence the outcome of your case.
After your personal injury lawyer has sent the demand letter to the insurance company, you'll need to wait for an answer. The amount of time that the insurance company takes for them to investigate and review your claim will determine how long you'll have to wait. It can also be impacted by their work load and the amount of cases they are currently processing.
In certain situations the insurance company may respond by denying the demands you make or by submitting a counteroffer which is lower than what you are willing to accept. This will require additional negotiations. In these cases, an injury lawyer from Chris Hudson Law Group can assist you in negotiations and ensure you receive an equitable settlement.
A lawyer with experience will recognize that insurance companies want to reject claims or settle them as fast and as cheaply as they can. They will be able to recognize stalling and tactics strategies employed by insurance companies and will use their training and experience to negotiate on your behalf and ensure that you are getting a fair settlement for your injuries.