Every day, people all over the world are getting injured, and it can be for a wide range of different reasons. People get hurt in swimming pools or amusement parks; they trip on escalators and sustain dog bites. Some of the most common incidents involve cars, trucks, bicycles, motorbikes and pedestrians.
Sadly many of these accidents could have been avoided. An employer may have allowed a dangerous working environment or a surgeon might have used faulty equipment. A truck driver may have been texting when the incident occurred. In such cases, the victim is legally entitled to claim financial compensation. It may be that you find yourself in this difficult situation right now. Let’s discuss how you can claim your legal rights to maximum effect.
Involve A Personal Injury Lawyer
You may be a novice when it comes to legal matters, and physically not in the best place for a fight with insurance companies. This is why many people employ the services of an experienced and successful attorney. They can take over the case so you can focus on your physical and emotional recovery.
Research confirms that people who employ legal professionals usually receive higher settlement figures. Many lawyers also offer a ‘no win no fee’ deal which means you won’t be out of pocket on legal fees should your claim be unsuccessful.
A Californian report in 2015 recorded that there had been 3,168 fatal vehicle accidents and 254,561 injuries from car collisions. According to Kerley Schaffer LLP many people seek legal help in order to gain justice for the victims and their families. They often request free consultations and live chats as well as reading client testimonials and examples of successful claims.
Follow The Law
If you’ve just been involved in a vehicle accident it’s important to talk to the other parties and witnesses. Whilst this should be done to establish the cause of the accident, no blame should be apportioned. If you were to become abusive or violent this could endanger your legal claim.
Even if you don’t feel any physical symptoms after the event, it’s essential that you get immediately checked out by a medical professional. They will create a file based on the accident which will form part of the legal evidence supporting your claim. Don’t leave it too long before seeing a doctor or the other party may allege you sustained your injuries elsewhere.
The Statute Of Limitations varies between the different American states. It advises how long you have to submit a legal claim following an accident (it’s often two years). It’s in your interest to start proceedings as soon as possible.
Create A Strong Case
The way to do this is to assemble comprehensive supporting evidence, and this is where a lawyer can help. If the Police were called out to attend the accident site, they will write a report of the events. Whilst you will need to pay a small fee to obtain a copy, it will be valuable as you can use the report findings as evidence.
You are strongly advised to take photos at the incident scene, including those of your injuries. Pictures of the other vehicles and immediate location could all help substantiate your claim. Ask any bystanders whether they would be happy to provide a written or verbal witness statement. You could use the ‘record’ function on your phone if necessary.
Provide Financial Evidence
Besides the medical reports occurring will also be a host of invoices and bills you need to obtain. They will help your lawyer calculate the compensation amount. They’ll include the cost of medication, tests, treatment, and any therapy. If future expenses will also be incurred (eg house modification following disability or surgery and medication) the attorney will also factor this in.
If you are receiving medical treatment the likelihood is that you are working fewer hours or not at all. If necessary, use your accountant or company payroll clerk to document your loss of earnings. Should you be too disabled to work again (or in need of a less physically demanding job) the lawyer will seek remuneration for this as well.
Harness Your Attorney’s Knowledge
Legal claims can become very emotive and complex. You may be dealing with a party who is denying responsibility for the accident. Perhaps you were bitten by a dog with no known owner or were the victim of a hit and run incident. If you had a collision with a truck, you may find yourself battling complex legislation and a reluctant lorry company.
The beauty of using a personal injury lawyer is that they usually specialize. What may be new to you may be familiar to them. They’ll understand the tactics and terminology used, and know how to counter it.
Let Your Lawyer Do The Negotiations
The other party’s insurance company seeks to minimize payouts because they exist to make a profit. As a result, they employ claims adjusters and attorneys to help them. If you leave all communication to your attorney you will be more protected from their methods. They may seek an accident statement from you that they can use against you, or try to blind you with science using complex medical terminology.
If an insurance company drags things out, they do so in the hope that you will accept an early (and lower) settlement figure. For this reason, you should let your lawyer advise you at every stage.
Have A Legal Advocate
A lawyer is best placed to advise you and to compile your legal case. They can negotiate and communicate with the other parties. Should you not receive a satisfactory settlement payout, the claim may go to court. In this situation, your attorney will become your representative and voice.
When your rights have been protected and a legal professional is at the helm, you will be headed in the right direction. Hopefully, you will be successful with your claim and be able to cover your expenses. Then you will be free to resume your life in the best way possible.