If you have been injured in a car accident, an experienced auto injury lawyer can help you recover compensation for your medical bills, property damage and other losses. They will also show that your injuries meet the severity threshold required for claiming non-economic damages like pain and suffering.
An experienced attorney will request all relevant documentation. They will interview eyewitnesses and other experts to build a strong case. Contact Duluth Auto Injury Lawyer now!
Medical records are one of the most important pieces of evidence in a car accident case. They detail what injuries a person sustained in an accident, the type of treatment they received, and how much it cost. These records can also serve as a basis for calculating the amount of money that a person should receive for their medical bills, lost wages, and other expenses related to their injury.
It is important that lawyers collect medical records from all healthcare providers involved in treating a client’s injuries, including primary care physicians, specialists, hospitals, and physical therapists. The best way to organize these documents is by putting them into separate folders or binder for each provider. This will allow lawyers to quickly locate them when handling a personal injury case. Organizing them by date can also help as it can provide a clear timeline of the accident victim’s injuries and treatment.
In addition to the medical information, it is also a good idea for lawyers to record any billing statements that a claimant might have received. This will assist them in requesting copies of the relevant records from hospital or healthcare service providers at a later stage.
Another useful document to have is an independent medical exam. This is an evaluation conducted by a physician who is not affiliated with the plaintiff’s attorney or insurance company. The doctor will evaluate the claimant’s injuries and compile a report that includes their professional opinion about whether the injury is permanent or temporary.
The defense may attempt to challenge the validity of medical reports by arguing that the injuries recorded were not caused by the accident or are not as severe as the claimant claims. They may also question the causation of the injuries, claiming that they were a result of a preexisting condition or unrelated incident.
Insurance companies often request a victim’s medical records to see what injuries they have and how serious their conditions are. It is a common tactic for them to try and devalue a claim by attempting to prove that the injured victim had a preexisting condition that was responsible for their trauma, rather than the car accident that they have claimed in their lawsuit against the at-fault party.
Witness Accounts
Witness statements can be the backbone of your case when other pieces of evidence fail to prove the extent of your injuries or the other driver’s negligence in a car accident. They can support or discredit claims of injury and help determine how much compensation you deserve for your losses. They can also help your lawyer to establish what happened at the scene of the crash and how it may have been prevented.
Witnesses are people who are not involved in the case and have no financial interest in its outcome. As such, they are usually considered to be the most reliable and objective source of information. It is important to gather the contact information of all witnesses and document their statements as soon as possible after the accident. This can be done in the form of written notes or voice recordings. If witnesses have a smartphone, they can use it to record their statements as well.
Their testimonies can help in establishing fault and liability by providing crucial details like the status of traffic lights, driving speeds, and any erratic behavior that may have contributed to the crash. They can also describe the human element of the accident, including feelings and reactions that cannot be captured by physical evidence.
Aside from helping to establish fault and liability, witness statements can help your lawyer prove your claims of injury as well. Having a witness support your claim of injury can increase your chances of receiving full and fair compensation for your losses. They can validate the severity of your injuries and explain how the collision has impacted your daily life, such as causing you to miss work or have trouble performing normal tasks.
It is important to remember that your witness statement can be used in court proceedings, so it should be accurate and free of ambiguity. Avoid making any statements that could be interpreted as assigning blame to yourself or others for the accident. This includes statements such as “I think the other driver was speeding” or “I should have been paying more attention.” If an insurance representative asks you to speculate on who is responsible, politely decline and consult with your attorney.
Insurance Coverage
Every month, people pay auto insurance premiums to help them financially cover their losses when they get in car accidents. If you’re injured in an accident that was not your fault, an auto injury lawyer may be able to help you recover the money you need to pay for your medical expenses and other costs.
You need to be aware of the various types of coverage available under your car insurance policy. While the specifics will vary by state, most car insurance policies include bodily injury liability and property damage liability. Bodily injury liability coverage pays for other people’s medical expenses and economic losses when you are found at fault in a crash. Property damage liability coverage pays for damage to other vehicles or other property when you cause an accident, usually with a minimum limit of $10,000.
Some insurance policies also include uninsured and underinsured motorists coverage. This type of insurance covers injuries sustained by you or members of your household and occupants of your vehicle in an accident caused by a negligent hit-and-run driver or another uninsured motorist. In some states, this type of insurance coverage also covers injuries sustained by pedestrians struck by your vehicle.
When you’re involved in a car accident, it’s essential to get immediate medical attention and have documentation of your injuries. Documentation will be important if the insurance company attempts to deny your claims or dispute how severe your injuries were. It’s also wise to avoid settling with an insurer before you have a full understanding of your injuries, as it may not fully compensate you for all of your losses.
An attorney experienced in auto accident cases can review your insurance policy and identify all potential sources of compensation for your losses. A lawyer may also be able to negotiate a better settlement with the at-fault party’s insurance company. An attorney can also advise you when it makes sense to settle or go to trial. In some situations, it may be financially prudent to settle if there is a high likelihood of winning an amount higher than your auto insurance policy limits.
Damages
Damages are the monetary compensation awarded to injury victims by the courts. They are designed to compensate victims for their losses and help them return to the financial state they were in before the accident. This includes their medical expenses, lost wages and property damage caused by the accident. Often, the damages will also include compensation for non-tangible losses like pain and suffering.
Using evidence such as medical records to support your case can be essential in proving the extent of your losses. Keeping a pain diary or even bringing in expert witnesses can also be beneficial in demonstrating the impact of your injuries on your life. Similarly, providing proof that your injuries are permanent can help in securing higher compensation for future loss of earnings and the cost of ongoing care.
While proving the extent of your losses is an important part of your claim, the most difficult element of a car accident lawsuit is calculating and proving general damages. Unlike special damages, which cover the measurable aspects of your loss like medical bills and current and future lost income, general damages are the subjective elements that do not have a fixed price tag. These include emotional distress, physical pain, and the loss of enjoyment of life.
When it comes to calculating these damages, your attorney can draw on their experience and the resources of their firm to gather all relevant documents, receipts and invoices. It is important to keep detailed records of your loss as this will increase your chances of receiving full reimbursement for all the money you have spent or lost as a result of the crash.
Your auto accident lawyer will also take the time to evaluate any offers you receive from insurance companies for a settlement. While it is tempting to accept an initial offer, doing so can jeopardize your chance of a larger payout in the long run. An experienced lawyer will be able to negotiate a better deal than you could on your own. Most attorneys work on a contingency basis and do not get paid unless they settle or win your case.