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How to Build a Lawyer Injury Accident Claim When building your claim, your lawyer will consider future and current medical expenses, lost income from missing work due to your injuries, and the impact your injuries have had on your life quality. These damages are referred to as pain and suffering. A lawyer is a person who has studied law and is licensed to practice law in the jurisdiction in which they are licensed. Medical Records Medical records are a vital element of any injury lawsuit. They offer hard evidence to prove the injury claim and also assist lawyers determine the viability of a lawsuit as well as the compensation that may be given. To provide complete information on the nature and extent of injuries suffered in an accident medical documents from hospitals, doctors, emergency rooms, therapists and specialists are required. The information in these documents may include the symptoms of the victim and the duration they've been suffering from those symptoms, and the cost for treating their injuries. Imaging studies and x-rays are important for demonstrating the extent of the damage. A doctor's future prognosis can also provide valuable information about how long an injured patient may suffer from their injury. Although releasing medical records to the insurance company might seem like a step too far, it's necessary to make sure that they're receiving the complete of the story. This can help establish causation, which could result in the awarding of substantial compensation. These records will be sought by the insurance company via an order from the court or a subpoena. Your attorney should ensure that they get the records that are relevant to your lawsuit. It's important to remember that the insurance company has its own bottom line in mind. They will use every reason to deny your injury claim or to reduce the value of it. It's important to hire an experienced personal injury attorney to manage the negotiation and settlement process. Before releasing your medical records, it's best to have an attorney look over them first. Depending on the nature of your situation, certain medical records should be off-limits, such as any history with mental health or abuse of substances. Your lawyer will ensure that you only hand over medical records that pertain to your particular case. This will prevent any mishandling that could jeopardize your claim. Witness Statements Witness statements are a crucial element of evidence in any personal injury case. Lawyers depend on witnesses to establish timelines, the behavior of the parties involved, and their impacts on clients. It is therefore important to obtain statements from eyewitnesses immediately following the incident as you can, while the incident is still fresh in the mind. Anyone can write the declaration anyone, including spouses, relatives, colleagues or even friends. It should address who, what and when questions regarding the incident. It should include information such as the weather at the time of the accident as well as any blind curves or obstructions that affected visibility, and road surface conditions. Ideally, the witnesses are neutral parties who are not associated with either side and can provide an objective perspective of what happened. However, some witnesses might be influenced by their emotions or biases towards one party or the other. The witness should not offer any opinions or arguments in their testimony. Instead, they should focus their statement on establishing what actually transpired and leave any accusation up to the jury. It is also important to get witnesses' statements as soon as you can after an accident because memories fade over time. The memory of witnesses about an accident can be distorted when it is different from what actually happened. This could cause confusion for the court as well as the insurance company. A skilled personal injury lawyer obtain these evidences can be the key in getting an equitable settlement from the insurer. A witness's statement can be used to back the claim of injury, like the attitude and actions of a person after the incident or if the injuries resulted from the accident or pre-existing. The witness could also explain the impact of their condition, for example, not attending family reunions, or having difficulty getting to work. The witness's statement must also include a Statement of Truth, which they must sign at the end to confirm that all the information contained in the document is correct to the best of their ability. If witnesses are found to have made a false statement they could be accused of committing a crime and this could negatively impact their credibility in the case. Photographs Photographs of an accident that involve an attorney are a valuable piece of evidence that can be used to support an injury claim. They can be very helpful in proving negligence and other expenses, such as lost wages, medical costs and estimates of property damage as well as pain and suffering. Photos can help a juror or insurance adjuster as well as your personal injury lawyer understand the scene of the crash and the events you felt. If the liability for the accident is not clear, photographs are especially important because they help experts identify actions that could have contributed to the accident by examining details such as skid marks as well as the final resting locations of vehicles and the patterns of damage. When paired with witness statements and other forms of evidence, photographs offer little room for interpretation, and can make it easier for an insurance company to settle your case instead of contest it in court. Oceanside injury attorney of smart phones and cameras make it easy to capture images of accidents scenes. You should take several photos of the accident scene from various angles. If you can you can also capture video. Note the date and time on the back of every photo or ask a friend. Do not move or touch any object that appear in your photos. Also, do not use Photoshop or any other editing tools on them since doing so could be considered to be tampering with evidence. It is a good idea, after you have recovered, to take photos of your injuries at different stages of recovery. This will allow you to document the progression over time. This is especially useful to prove future damage. When paired with other pieces of evidence, like medical records or proof of income and even a damaged car estimate photographs can help a judge or jury give you the money you deserve to cover your losses. Contact us for a free consultation our attorneys today to learn more about how we can help you in your case. Demand Letter A demand letter is a form of correspondence that your lawyer will send to the insurance company asking for compensation for your losses. The letter will usually include your name, the details of the accident and the reason for seeking compensation. The letter will include a detailed description about your injuries, how they've affected you and any economic loss, like medical bills and lost wages, and non-economic damages like discomfort and pain or loss of quality, as well as emotional anxiety. The letter also outlines any evidence that supports your claim. This could include medical records, police reports and witness statements. An experienced personal injury attorney can help you determine the right amount to include in your demand letter. This will be based upon your injuries and similar settlements or verdicts for similar accidents that have occurred within the area. They will also take into account any unique circumstances that could affect the outcome of your case. After your personal injury lawyer has sent the demand letter to the insurance company, you'll have to wait for a response. This will depend on the length of time it takes the insurance company to look through your claim and look into your case. This is also affected by their workload as well as the number of cases they're currently dealing with. In some instances an insurance company may respond by denying the demands you make, or by submitting a counter offer that is significantly lower than the one you are willing to pay. More negotiations will be required. In these cases, an attorney for personal injury from Chris Hudson Law Group can assist you in negotiations and ensure that you get an appropriate settlement. A competent lawyer will be aware that insurance companies want to deny or settle claims as quickly and inexpensively as they can. They are able to spot the strategies and stalling tactics used by insurance companies and will utilize their knowledge and knowledge to negotiate on your behalf to ensure you get an equitable settlement.