Duluth Auto Injury Lawyer understands the complexities of car insurance policies and state traffic laws. They are also skilled in negotiating with insurance companies for fair compensation.
Car accidents are common causes of serious injuries. They occur for many reasons, ranging from negligence to speeding. In most states, victims can file claims or lawsuits to recover damages.
Many people are hesitant to seek medical treatment after a car accident. They may worry about the cost of their care or whether the doctor they choose is in-network with their insurance plan. They might not want to take time away from work or lose valuable sleep trying to find a doctor who can fit their schedule. Some people even believe their injuries are not serious enough to warrant a visit to a physician.
While seeking medical attention may seem unnecessary during this hectic time, it’s important for your health and your personal injury claim. Not only does it help you heal from your injuries, but it also helps prove that the crash caused the injuries in your case.
Following your doctors’ recommendations will show that you are committed to improving your condition and pursuing a fair compensation for your injuries. Documenting every doctor visit and addressing any lingering issues is key in any personal injury case, especially one involving a car accident.
If you haven’t been treated by a doctor after an accident, contact us immediately. We can recommend a qualified healthcare provider who will treat you on a lien, meaning they will wait to be paid until your case is resolved. This is a great option for people who don’t have health insurance or who are unable to afford full-priced medical care because of an accident.
We will make sure your healthcare provider is familiar with auto accident injuries and understands how they manifest. In our experience, it can be very damaging to your case to see a physician who doesn’t know what to look for or who takes a general approach to treating injuries, which could significantly impact your case in the future.
When it comes to a personal injury case, any gaps in your medical treatment can be used against you by the insurance company. A large gap between the accident and when you started seeing a doctor can cause them to think that your injuries were not severe or that you are faking them. It can also lead them to low-ball your settlement offer or deny you compensation altogether.
Collecting Evidence
When people are involved in a car accident, the first priority should be everyone’s safety. But once that is taken care of, it’s important to begin gathering evidence as soon as possible. This step is critical to building a strong legal case for fair compensation.
A few key types of evidence to collect include physical evidence, witness statements, and medical records. Physical evidence can include photographs of the scene and injuries, as well as damaged property like vehicles or personal belongings. It can also be crucial to have a detailed record of the accident, including the position of the vehicles, road conditions, and any other elements that contributed to the crash.
Another type of evidence is medical records, which can help demonstrate the severity and long-term impact of a victim’s injuries. This includes hospital records, doctor’s notes, and X-rays. Witness statements are a critical piece of evidence as they can provide an objective account of the events leading up to and during a collision. This can be a powerful testimony in determining how the crash occurred and who was at fault.
Other important pieces of evidence include video footage from the accident site and surveillance cameras, if available. It’s important to note that it’s only helpful to have this footage if it was recorded immediately after the accident, as the details of the scene can change over time.
It’s also helpful to have a list of any eyewitnesses and their contact information, as this can be useful in obtaining their testimonies later on. Finally, it’s important to have any documents related to the incident, such as police reports and insurance policy information. All of this evidence can help establish a clear link between an injured victim’s financial losses and the negligent actions of another party, as outlined in their legal claim. A skilled auto injury lawyer can help gather and organize this evidence to strengthen the legal case. They can then help clients obtain fair compensation for their losses. This may include medical expenses to cover treatment and rehabilitation, lost wages due to inability to work, property damage, pain and suffering, and loss of consortium.
Negotiating with the Insurance Company
Depending on the nature of your accident, the property damage and injuries you sustained, there are a variety of factors that determine how much compensation you receive. For example, the extent of your medical expenses, lost wages, and pain and suffering are all key components of your settlement. In addition, your degree of fault plays a role in how much the insurance company will pay you. While some car accident cases are straightforward and can be settled without litigation, most cases require the skilled guidance of a knowledgeable personal injury attorney to negotiate with the insurance company for a fair offer.
Before negotiations with the insurance company begin, your lawyer will thoroughly research all of the relevant details of your case to strengthen its value and credibility. This includes interviewing witnesses, reviewing police records, and researching the accident scene. Additionally, your attorney will carefully account for all of your losses, including medical bills, property damage, and lost wages. This will also include the cost of future treatment and the cost of repairing or replacing your vehicle.
When your lawyer is ready to negotiate, they will send a demand letter to the at-fault party or their insurance company, detailing the facts of the accident and demanding full and fair compensation for all of your damages and losses. The insurance company will then respond to your demand, and the negotiation process will begin.
An insurance company’s primary goal is to protect their profits, and they will do everything in their power to pay you as little as possible for your claims. A seasoned auto injury lawyer will know how to counter their arguments and use every tool in the book to get them to loosen the purse strings and agree to a fair offer.
During the negotiation process, your lawyer will focus on highlighting the strongest points of your case. For example, if you suffered severe property damage to your vehicle, they will argue that it will have a lower resale value after the accident and that you should be compensated accordingly. In the event that an insurance company refuses to meet your demands, they may file a lawsuit on your behalf.
Filing a Lawsuit
Depending on the circumstances, there are many ways for victims to get compensated. A personal injury claim can include monetary compensation for medical expenses, lost wages and property damage. It can also compensate for pain and suffering, which addresses the negative emotional impact of the accident. The value of these damages will depend on many different factors, including:
Car accident cases are a common type of civil litigation. The law provides a limited amount of time for parties to file a lawsuit, known as the statute of limitations, which can range from one to six years after an incident. If you have been injured in a car accident, you should contact a NYC car accident attorney as soon as possible to ensure that your legal rights are protected.
After the initial consultation, your lawyer will start the discovery process by exchanging documents and requesting materials from the other side. This can include medical records and diagnostic tests as well as statements from witnesses and experts. Additionally, you will likely be required to undergo a deposition during this phase. This is where the Defendant’s attorneys will ask you questions about the crash and your injuries. They will be looking to see how much credibility you have, whether or not your testimony about the incident and your injuries seems believable and to assess the extent of your injuries.
The insurance company will also be reviewing the information it has received from you and its own investigators to determine if there are any areas of contention. It will also be evaluating the available insurance coverage, which can limit the compensation you could receive for your claims. If the insurance company believes it is liable, it may make a settlement offer. If it does not, the case will go to trial.
It is important to work with a New York car accident attorney who understands the importance of gathering and presenting the right evidence. Your attorney will be able to guide you through every step of the legal process, and they can help you secure the maximum possible compensation for your injuries, losses and property damage.