A specialist in accident reconstruction can increase the value of your case by analyzing the force that caused the crash. They can also provide an understanding of your injuries and quantify the losses you've suffered.
You'll have to provide evidence of your damages which includes medical expenses as well as other out-of-pocket costs. The evidence you collect should be taken within the shortest time possible following the accident.
Getting Help
If you're involved in a car accident attorney seeking medical attention immediately should always be your top priority. If you are able to collect as much information at the scene of the accident as you are able.
Utilize your phone's camera or video feature to take photos of the cars that were involved, any damage skid marks, and anything else that could aid your case later on. Inquire anyone who was present on the scene to provide you their contact details as well as a brief description of what they observed. Be careful not to share any personal information about your insurance coverage or the policy limits.
Look for any cameras that might have recorded this incident, like a red light or a security camera. You can then request copies of the footage by contact the person who ran the cameras.
Documenting your expenses is another important step. In some cases you can seek compensation for the amount you've spent on items like a car rental while your vehicle is being repaired or a ride to and from work when you recover from injuries. You can also seek compensation for wages lost in the past and in the future if your injuries prevent or reduce your earnings in future.
Keep an eye on all medical expenses related to the accident. If your injuries cause a permanent disability, you might be able to claim compensation for future care costs, such as modifications to your home or assistive devices that allow you to continue living at home or at work. You may also be able to seek compensation for other financial losses like the cost of a caregiver or household replacement services if your injuries render it impossible to perform these chores yourself.
Gathering Evidence
The first step in any accident case is to gather as much evidence as possible. State-by-state, the rules for presenting proof in a courtroom can differ. However, certain types of evidence are helpful in all accidents.
Witness Testimony
In accident cases eyewitness testimony may be essential. It provides a factual account of the incident that can help to determine fault. Witnesses can be drawn from all kinds of sources, like pedestrians who are in the vicinity and drivers of nearby vehicles or even family members or friends. They may have an iPhone that they make a note of their experience or to provide a written account.
Photographic Evidence
Photos of the scene are the most obvious evidence of the accident. The evidence could include scuffs on the road broken glasses, or damage to the vehicles involved in the accident. It can also include environmental factors, such as traffic signals or construction sites which could be a factor in the accident.
Police Reports
The police report generated following any motor vehicle crash are crucial for a car accident suit. They could contain the officer's evaluation of who was at fault for accident attorney the accident, as also any traffic violations that the driver was guilty of. It is important to obtain the report as early as you can or at the very least while it's being written in order to give you an opportunity to check the accuracy of the information.
Contact Information for Witnesses
It's always an excellent idea to collect as much information as you can from any witnesses who might have seen the accident compensation claim. Inquire about their names and contact details so that your attorney can ask them to give a statement about what they saw during the incident and the immediate aftermath.
Medical Records
Keep records of your medical appointments in the event that you're injured in an accident. These records will help document the injuries you've suffered and will help your legal team calculate the compensation that you deserve for the damages you've sustained.
Documenting Your Injury
If you're able do so without putting at risk your health, it is essential to take photos and videos of the accident scene. Whether you use your cellphone or a camera attached to your car, this will allow you to draw a precise picture of the scene. The photos should contain the vehicles and any visible injuries or damages caused by the accident. It is also beneficial to note any skid tracks, road conditions, or other elements that could aid in forming a more clear image of the accident.
You should always get medical treatment as soon as you can after the accident even if the injuries appear to be minor at the moment. Many injuries, like neck and spinal problems, can be apparent days or weeks after the incident. The sooner you see an expert doctor, the more credible evidence you'll have to prove that your injuries and losses are directly linked to the accident.
You should also keep the track of your medical expenses and treatments. You should save receipts for prescriptions and medical equipment, and for travel to and from medical appointments. These are all expenses that you may be eligible to claim compensation for. Keep a journal or a diary regarding your injury, including the symptoms that you are experiencing. This will allow you record your everyday pain.
The police should be provided with an accurate account of what transpired at the scene is crucial, but it's important to record names and contact details of witnesses as well. Witnesses might be more willing to share additional information that will help the police in their investigation, and also in the event you need to make an insurance claim or personal injury lawsuit in the future.
In addition to the official police report, you should also make sure you get a copy of the crash report from the at-fault party's insurance company. This report can be helpful in determining the liability of the accident lawsuits and the related damages, such as medical bills, property damage loss of wages, and other expenses that are able to be compensated.
Discussions with the Insurance Company
If you're dealing with a large insurance company after an accident, it is best to work with an experienced lawyer. They can handle the adjusters of insurance on your behalf and often negotiate significantly higher settlement amounts.
Your lawyer will collect financial documents from your bank accounts, employer, and investments to show how the accident affected your earnings. They will also seek medical records from your medical professionals to back up your injury claim. You might be required to take part in an interview or take a deposition on the incident to get an official record. They will then go through all evidence and consult with experts to determine the worth of your noneconomic damages.
After gathering all the necessary details, they draft a letter of demand to be sent to the insurance company at the fault. The letter will outline the facts, outline the legal basis for why their insured is responsible under NY law, and request compensation. The insurance company is likely to respond with a low counteroffer. Your lawyer will help you decide whether to accept the counteroffer or not, it, or return to discussions.
You must be careful in negotiations with the insurance company because what you say could harm your case. Do not admit to the fault of the incident or promise not to sue as this can be used against you in the future in court. It is also essential to avoid making any statements regarding your injuries or the way the accident occurred, as these could be twisted around to diminish your claim.
A Long Island car accident attorney can assist you in negotiating with an insurance company. They can assess the offers and offer advice on what you're entitled to as far as financial compensation is concerned, as well as the medical treatment or other expenses you may need in the future.
The insurance company can be tricky to deal with and many of their tactics are meant to entice you into accepting the lowest offer you are entitled to. Be assertive when negotiating and keep in mind that any settlement you negotiate must be written. This will prevent an unethical adjuster from saying something over the phone and denial later.