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You have the legal right to sue an individual who may have hurt you in an accident. This is especially if irresponsibility causes it on the road. You are entitled to full compensation from the lawsuit you file against the individual.
• How to make a claim
When involved in an accident, you will need to look for a reputable lawyer. You probably do not have any knowledge about creating a draft for your claim. Additionally, if you are hurt badly, you cannot afford to go about loads of paperwork. A lawyer can create the most appropriate Statement of Claim for your accident. Several details have to be included in the claim for it to be conclusive. These are:
1. The date of the crash.
2. Name of individual involved in the accident.
3. A description of the occurrence of the crash.
4. The total amount of compensation being claimed from the damages caused.
5. Reasons that support your entitlement to the claims.
6. Referrals to the relevant laws of your state.
The party being sued is entitled to defend themselves using a document known as a Statement of Defense. This will ensure that the case is judged relative to avoid being biased against one party.
• The right time to submit the claim
This is dependent on the laws of the country or state you are living in. A good example is British Columbia. Here, the minimum period to file for personal injury accident claim is two years. Once this period has expired, you automatically lose the right to seek any compensation for any injuries that you have experienced.
However, different actions need to be taken when in cases where children were injured in the accident. This requires you to contact an injury attorney immediately. Where a sexual assault has occurred, similar precautions need to be taken.
You need to head to a hospital as soon as you are involved in an accident. Do not underestimate any minor injuries as they may affect your health in the future. Once this is done, speak to a lawyer immediately for advice on the steps to take next.
You lawyer then collects all the information regarding the accident by visiting the scene. This is urgent to avoid evidence from being tampered with. Additionally, any witnesses found at the scene should be interviewed immediately before the memories fade away. It is essential in making a full evaluation of the total amount you can get.
• Length of the claim
These process varies and could take up to several years. It is dependent on a few factors, for example, the number of parties involved, your age and the nature of the injuries caused.
Sometimes, the impact of the injuries caused has to be established over a period so that the right amount of compensation can be calculated. Your doctor should predict any issues that may occur in the future for the claim to be resolved sooner.
Most personal injury lawyers require you to pay for the services rendered once the settlement has taken place. There is a certain percentage that is given to the lawyer from the settled trial. The contingency fee ranges between 15% – 40% depending on how the case is resolved. Such a contingency plan allows for many individuals to access services from personal injury lawyers when involved in such an accident.
• Amount of money to expect
General damages are available to anyone who gets injuries from an accident. In Canada, for example, one can get up to a maximum of $360,00.00 for pain and suffering. It is also possible to claim the future cost of treatment depending on the injuries.
Several factors influence the amount of money that you will collect from injuries related to the accident. According to David Thorn from www.hillsidelaw.ca, these are:
1. Nature of injuries.
2. Cost of medical treatment and other expenses related to the injuries.
3. The course of your medical condition.
4. Your age.
5. Your annual income before the accident.
6. Your current insurance policy and other health benefits.
• Court hearings
Chances are your case will not have to proceed to a court of law. However, you are required to attend an Examination for Discovery. Your lawyer should prepare you for this and accompany you for the examination. Your lawyer should make you for this and accompany you for the test.
Here, each party is under oath as they answer the question to the other party’s lawyer. What everything said in this session is recorded as evidence by a court reporter.
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An attorney is a life saver. A lawyer fully understands and practices law. Some people may think otherwise, but they do help in winning a lot of cases. All you need is to inform an attorney about your situation, and he will settle it for you at your home comfort. He or she does the follow up of everything that you would have done but in depth.
You have gotten in a car accident, your car has been damaged and to make it worse you have been injured. At this moment it is so hard for you to make a decision and you are wondering whether you should settle the case with the insurance company yourself or get a lawyer. Just let the lawyer handle the situation for you and you are guaranteed of being compensated.
A lawyer performs the following roles:
The lawyer forms a relationship with the other driver’s insurer. A good relationship between these two parties helps them to have better communication whereby the can talk things out peacefully. The two parties involved include the lawyer and the insurance adjuster.
Getting evidence that will prove liability
The lawyer has the chance to go back to the scene where the accident happened. The lawyer gathers other evidence that was not recovered. This evidence will prove liability. The lawyer also makes sure that he communicates with the policemen dealing with the case as well as the witnesses. The lawyer makes that there is no stone left unturned. Every single detail that the lawyer gets is beneficial. The lawyer definitely will make sure that you end up getting compensation from the insurer.
Obtaining pieces of evidence of damages involved
The lawyer follows up on your health records of theirs. Some health records cannot be given to you in person only a lawyer can get them. Some procedures have to be followed by the lawyer so that they can follow up on their client case. In case these procedures are not followed the lawyer cannot get hold of the records. There are some hospitals that it takes time for them to fill the medical records or other hospitals provide an incomplete health record.
The lawyer must make sure that these records are loaded at the right time and in the correct manner. The lawyer has to follow up every single detail that the doctor puts in these records. The record kept by the doctor acts as the evidence in this case. It shows medical records, type of injuries and disabilities caused by the injuries. It helps the lawyer proof that you are innocent and the other party is responsible for the accident.
In case the doctor happens to mention the cause and how severe the injury is in the health records, your lawyer has to write to the responsible doctor and ask for a letter. The particular message will only give less detail of your condition. It is just supposed to show that your health has been affected by accident.
Negotiation between the lawyer and the lien holder
Alien is some security that is granted to someone until they can make the full payment. The lawyer will make sure that your lien is reduced to a minimum amount. The car accident can bring about a lot of benefits from the work insurance and health insurance. The lien holder gets compensated first when you get paid by the insurance. Every single penny lost to the lien holder makes a loss in your account. The compensation after the car accident should cover all expenses in acquiring another car. The work of the lawyer is to make sure that the lien holder money is reduced as much as possible.
Settling the case
This is where the lawyer works harder than ever in this case. A negotiator has a unique skill that is not common to all. One thing that you have to consider when choosing a lawyer especially when it is a car accident case is; he or she should be an injury lawyer and not any other kind of lawyer.
Why should you choose an injury lawyer?
They do have the required knowledge, and they negotiate better in cases of car accidents and injuries. They do have experience in “situations like these hence they are highly qualified, and they can arrange a top price from the other party’s insurer.” as stated by http://bc.timlouislaw.com.
Is it possible for me to handle the car accident claim myself?
I am sure this is what you are asking yourself at the moment. Well, it is possible. There are some cases that you do not need a lawyer. An example of a minor incident that does not require a lawyer is when someone scratches your car at the back during road traffic. This is a case that you can settle among yourselves; you do not have to involve a lawyer. As long as you can follow all these procedures and have evidence that you are innocent you can win the case. Some of you may be thinking of the amount of money that they will save if they do not get a lawyer. There are some considerations that you need to make.
What if you lose the case?
Imaging the kind of loss you will get. You will have lost the case to the other party hence you will end up not getting paid. What if you end up getting fired since you were absent at work for long? What if your medical bill is high and you cannot afford to pay for it?
If I were you, I would consider having a lawyer to settle my case. All the trouble that you will have to go through settling the car accident claim by yourself, a lawyer can do it for you. I assure you that the lawyer will work hard to make sure that you will get compensated by the insurer since this is their work. All you have to do is getting a qualified lawyer and hope for the best. Good luck!