If you have been involved in an automobile collision caused by someone elses’ negligence, you are entitled to to receive compensation your injuries and damages. The compensation you receive will depend not only on the nature and extent of your injuries, but also how the evidence in your case is developed. An experienced attorney can help you receive a fair and adequate recovery from your automobile claim.
First, you must be able to prove that the collision was caused by the negligence of another driver. In some cases causation may be clear, but if the other driver is untruthful as to how the collision occurred, you will need to be able to prove who was at fault. This proof may involve witness statements and physical facts from the scene of the collision as well as expert testimony. If there are witnesses, statements may be taken and preserved so that these witnesses’ statements don’t change over time. Photographs and measurements of the scene of the collision may be taken and preserved in order to prove how the collision occurred. The location and measurement of tire skid marks may be used to to show that collision could not have happened in the way that the other drive claims it to have happened. A photograph showing the length tire skid marks may indicate that a driver was going faster than claimed, and a photograph of the lay of the land may show that a driver’s statement that they could not see the other cars coming toward the intersection due to a dip in the road or obstruction ahead of them was untrue. Engineers trained in accident reconstruction are able to scientifically determine and prove the speed of the vehicles prior to a collision based on skid marks and the extent of damage to the vehicles.
Your injuries need to documented and proved. The extent to which injuries are disabling and permanent are critical in determining how you should be compensated. If your injury is permanent, resulting in lifelong disability you will be entitled to a greater recovery than an injury that will completely heal with no resulting disability. Proving the nature and extent of injuries and disability must be supported by medical evidence and this is not always easy to obtain as many doctors are hesitant to get involved in injury claims. I recently had a case in which a doctor’s office advised my client that his office did not get involved in injury claims and would not discuss permanent disabilities. If your treating doctor will not help support your claim, you will need to find expert medical providers who are willing to evaluate your injuries and disabilities and provide reports and/or testimony.
Even if you properly develop liability issues in your favor and obtain appropriate medical opinions supporting your injures and damages, you still may not get a fair settlement offer from the insurance company representing the at fault driver. In these cases, if you want fair compensation you may have to file a lawsuit against the other driver/insurance company. Given the nature and complexities of the the legal system, if you want to increase your chances of receiving fair compensation, you should hire an experienced attorney to guide you through the process. An attorney experienced in handling injury claims will be able to provide the documentation and support you need to maximize your claims. Finally, if you are required to file suit, you need an attorney with experience trying cases to a jury verdict.
In the vast majority of injury claims, you will have the best opportunity to receive fair compensation if you hire an attorney experienced in handling all phases of injuries claims as soon as it becomes apparent to that you have suffered significant injuries and damages.