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A specialist in accident reconstruction will maximize the value of your case by studying all the forces involved in the crash. They can also provide information into your injuries and quantify the damage you've suffered.
You'll be required to provide documentation of the damages you sustained, including medical expenses and other out of pocket costs. It is recommended to begin collecting the evidence as soon as you can at the site of the accident.
Get Assistance
In the event of a crash, you should always prioritize seeking medical attention as soon as you can. If you're able, gather as much information at the scene of the accident as you are able.
Utilize the camera or video feature of your phone to take photographs of the vehicles involved. Take pictures of damage, skid marks and any other information you consider to be useful. You can ask anyone who was at the scene to give you their contact details as well as a short description of what they saw. Be cautious not to disclose any personal information regarding your insurance coverage or the limits of your policy.
Look for any cameras that may have caught this incident, such as the red light or security camera. You can then request copies of the footage by reaching out to the person who managed those cameras.
Documentation of your expenses is another important step. In certain situations, you may receive compensation for the money you spent on things such as a rental car during the time your vehicle was being repaired or a trip from and to work when you were recovering from an injury. Additionally, you may seek compensation for past and future lost wages if your injuries prevent you from working or result in lower than expected earnings in the near future.
Be sure to keep your records of all medical expenses associated with the crash. If your injuries cause an indefinite impairment, you may be able to claim compensation for future care costs like home modifications and assistive devices which allow you to continue living at home or working. You may also be eligible to claim compensation for other financial losses, including the cost for the care of a family member or replacement services if your injuries prohibit you from doing these tasks on your own.
Gathering Evidence
In any accident situation, the first step is to gather as much evidence as you can. The guidelines for presenting evidence in the courtroom differ from state to state, but there are certain types of proof that will be effective in almost all accidents.
Witness Testimony
In case of an accident eyewitness testimony is essential. It provides a precise account of the incident, which can help determine the cause. Witnesses can be from a variety of sources, including pedestrians who are in the vicinity or drivers of vehicles in the vicinity or even family members or friends. They might be carrying their smartphones, which they can record their account or to provide a written account.
Photographic Evidence
Photographs of the scene of the accident are the most evident evidence of the accident. It could include skid marks on the road, broken glass, and damage to both vehicles involved in the collision. This could also include environmental factors such as traffic signals and construction sites that could have contributed to the crash.
Police Reports
The police reports generated following any motor vehicle crash are vital for a car accident lawsuit. These documents can contain the officer's assessment of who was responsible for the incident, as well the traffic violations committed by the driver. It is important to obtain the report as soon as possible, or at least while it's being written, so that you have an opportunity to examine the accuracy of the information.
Contact Information for Witnesses
It's always recommended to gather as much information as you can from witnesses who may have seen the accident. Request their names and contact numbers so that your attorney can interview them for a statement about what they witnessed during the incident and the immediate aftermath.
Medical Records
If you're injured in an auto accident, it's important to keep track of all medical appointments. These records will document the injuries you've sustained and help your legal team to calculate the amount you're entitled to for the damage you sustained.
Documenting your injuries
You should take photos and videos of the area where the accident occurred as long as you can do it without putting your health in danger. Whether you use your cellphone or a camera that is attached to your vehicle, it will help you paint a precise image of the scene. The photos should contain the vehicles and any visible injuries or damage caused by the accident. It is also helpful to record any skid marks, road conditions, and other factors that may help paint a clearer image of the accident.
Even if you believe your injuries are minor it is important to seek medical assistance as soon after the accident as possible. Many injuries, particularly soft tissue neck and back pain may take days or even weeks to manifest themselves. The earlier you visit a doctor, the more reliable evidence you can use to prove your injury and losses are directly linked to the accident.
Keep track of your medical expenses and treatment. Save receipts for prescriptions and equipment, and travel expenses to and from medical appointments, as these are all expenses you might be able recover compensation for. Keep an account of your injury and the symptoms it causes which will allow you to document the daily extent of your pain.
Providing the police with an accurate account of what transpired at the scene will be important, but it is recommended to note names and contact information for any witnesses as well. The witnesses may be able provide additional details to help the police in their investigation, and if you ever have to make an injury lawsuit or claim with an insurance company in the future.
You should also get an insurance company of the party that was at the fault. This report can be helpful in finding out the liability of the accident, aswell as the damages that may be incurred such as property damage or medical expenses, loss of wages and other compensationable costs.
Discussions with the Insurance Company
If you're dealing directly with a large insurance company following an accident, it's always wise to retain an experienced lawyer. They can negotiate with insurance adjusters on your behalf, and frequently offer settlements that are significantly more substantial.
Your lawyer will collect financial records from your bank accounts, employer and investments to show how the accident affected your earnings. They will also seek medical records from your healthcare providers to prove your injury claim. They may need to interview you in person or question witnesses to the incident to get an official report. They will then go through all evidence and consult with experts to determine how much your non-economic damages are worth.
After gathering all the required information, they draft a letter of demand to be sent to the insurance company at fault. This document will outline the facts of the situation and the legal reasons for why their insured is responsible under NY law, and make a demand for compensation. The insurance company will usually respond with an offer of a small amount. Your lawyer will assist you decide whether to accept the counteroffer, deny it, or go back to negotiations.
Be careful when negotiations with the insurance company because what you say can harm your case. Don't admit guilt for the accident, or make a promise not to sue, since it could be used against you in the future in court. Be careful not to make statements about your injuries and the circumstances of the accident in case they are used to decrease your claim.
A seasoned Long Island car accident lawyer can assist you through the insurance company negotiations. They will evaluate the offer and provide advice on what you're entitled to as far as financial compensation is concerned, and also what medical care or other expenses you could require in the future.
The insurance company can be tricky to work with and a lot of their tactics are intended to entice you into accepting a lower price than you are entitled to. Make sure to negotiate with a firmness and remember that settlements must be written. This will prevent an unethical adjuster from stating something over the phone and not denying it later.
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