When you are involved in a car accident, you get a lot of different advice from friends and family about what to do. It can become very confusing.
Auto Accident Attorney Duluth GA will take all the factors into account when building a claim for compensation. This includes current and future medical treatment costs, loss of income, and emotional impact.
- Gathering Evidence
The strength of a car accident case hinges on the quality of evidence collected. It establishes the facts of the crash, determines liability, and supports your claims for damages. Without sufficient evidence, your insurance claim or legal dispute may be denied or delayed. The following are key elements to collect after a crash, including:
Physical evidence — This includes any objects present at the scene of the accident such as vehicle damage, skid marks, or debris. It also includes witness statements, which can be used to paint a clear picture of the incident.
Medical records — If you were injured, your doctor’s evaluations will document the extent of your injuries and associated costs. Your attorney can then use these documents to calculate your total financial losses for the crash.
Eyewitness testimony — This is one of the most important forms of evidence to collect after a car accident. It is essential to find witnesses that are unbiased and will provide statements that can be corroborated.
Police reports — A police report will include vital details of the incident, a diagram of the scene, and a preliminary determination of fault. Your attorney can review the report to see if there are any details that need to be clarified.
Video footage — Whether from security cameras or eyewitness accounts, it is crucial to capture as much video evidence as possible after a crash. This can help build a compelling case for your innocence and establish liability, especially in cases with multiple witnesses.
Other types of evidence — If you were involved in a truck accident, for example, your attorney may need to subpoena logbooks and black box data to establish the driver’s negligence. Your attorney can also hire expert witnesses, such as an accident reconstructionist, to conduct a thorough investigation into the crash.
Your lawyer can also gather other forms of evidence such as the specifications and history of your car, and any previous repairs that were made to it. This can help determine if a manufacturer defect or past repair issues could have played a role in the accident.
- Documenting Your Injuries
Documenting your injuries is an essential part of a car accident case. It provides clear evidence of the extent and impact of your injuries, bolstering your claim to recover compensation from an at-fault insurance company. Thorough documentation is particularly important when seeking economic and non-economic damages.
Documentation includes photos of the accident, your injuries and any property damage you sustained in the collision. Photos provide a visual and can refresh your memory. They can help you remember details about the crash, such as the location, how the cars were positioned and what weather conditions were like at the time of the collision.
If you have a smartphone with a high-quality camera, take photos as soon as possible after the crash. Taking pictures immediately after a crash ensures that the photos are not damaged, blurred or faded. It also allows you to capture more detail than would be possible with a hand-held phone camera.
Medical records are another important piece of documentation that proves the extent of your injuries and their impact on your life. It is best to seek medical attention as soon as you can after the crash. This will not only ensure your health but will also start the process of documentation.
The first doctor’s report is a key piece of documentation because it links your injuries to the accident. It is also a good idea to keep a detailed injury diary, noting daily pain levels and symptoms, as well as any impacts on your day-to-day activities. Additionally, make sure to keep track of any expenses related to your injuries, such as medical bills and out-of-pocket costs you may have to pay for medications or rehabilitation sessions.
Consistency in your injury diary and adherence to your medical treatment plans is critical for credibility when seeking compensation from the at-fault driver’s insurance company. Inaccurate or inconsistent injury documentation can be a red flag for the insurance company, leading them to question the severity of your injuries and the impact they have had on your life. By keeping thorough records, you can prevent this from happening.
- Negotiating with the Insurance Company
When negotiating with insurance companies, it is important to have an attorney by your side who understands the tactics they will use. An experienced car accident attorney can take the pressure off you and negotiate for your best interests. An attorney can also assist with proving damages. Having documentation to back up your losses will help you receive the maximum compensation possible from the insurance company.
A skilled auto accident attorney can assist you in establishing what types of losses you have incurred as a result of the car crash. Economic damages include medical bills, loss of wages and future earning capacity, property damage, and expenses for the repair or replacement of your vehicle. Documentation like receipts, bills, and pay stubs can be used to prove these costs. Non-economic damages, such as pain and suffering and diminished quality of life, can be a bit more difficult to prove. However, your car accident lawyer can use a combination of documentation and testimony from you, witnesses, medical professionals, and photographs to demonstrate these costs as well.
Once you have established your loss, the insurance company will assign a claims adjuster to handle your claim. The adjuster’s job is to settle your case quickly and cheaply. This means they may low-ball you with an initial offer or attempt to downplay your injuries and property damage. They might also try to place some or all of the blame on you, which can reduce the amount of your settlement.
Insurance companies often ask for unnecessary proof of your damages in an attempt to delay the process or deny your claim. This type of tactic can be frustrating and stressful for accident victims, especially when they are struggling financially after a car accident. If the insurance adjuster’s requests for additional evidence seem unreasonable, you should not hesitate to speak with your attorney about it.
After your final negotiations with the insurance company have been completed, you should request that all terms be put in writing and sent to you via registered mail, return receipt requested. This provides an important legal record of the terms you have agreed to. Once you have received this document, you should check it carefully to make sure it accurately reflects the terms of your settlement agreement. It should also contain a release of liability and a check for the agreed upon settlement amount.
- Going to Trial
The vast majority of car accident cases settle long before trial, but there are instances where a lawsuit must be filed and the case eventually goes to trial. When this happens, the plaintiff must present evidence and testimony in front of a judge or jury to prove that the defendant was negligent in their driving and that this negligence caused you injuries and damages. This can be a difficult task without the help of an attorney and can significantly lower your chances of receiving fair compensation.
When a trial is necessary, your car accident attorney will work diligently to gather any and all relevant information that may be useful in winning your case. This can include witness testimony, expert opinion, invoices for property expenses, and medical bills. Your attorney will also carefully document your damages and their impact on you, such as physical and emotional suffering, loss of quality of life, and traumatic memories. These can be difficult to quantify and can vary widely between individuals, but your attorney will take the time and care to investigate and find all evidence of your damages that may be necessary in your case.
Once the evidence and documentation are compiled, your lawyer will file a complaint in court. The complaint will lay out the four primary elements of your case: what duty the defendant owed, how they breached that duty, how this breach caused you injury and damage, and what damages you are claiming to receive for your injuries and damages. Your lawyer will then argue your case to the jury through opening statements, direct and cross-examination of witnesses, and closing arguments.
While New York law does not require you to hire an attorney to represent you in a car accident case, it is highly encouraged. Attorneys spend years preparing for and practicing in court, and they know the rules of procedure and evidence to better protect your rights and interests. They can also negotiate with the insurance company and advocate on your behalf in court to increase your chances of a fair settlement. Additionally, most attorneys (on the plaintiff’s side) operate on a contingency fee basis, meaning they don’t charge you anything upfront or out-of-pocket and will only collect a percentage of the compensation that they are able to secure for you.