Filing a car insurance claim should not be an exercise in frustration. However, far too many auto insurance companies exploit the problems faced by claimants when seeking compensation. After you get involved in a car crash, you should follow a series of steps that help you receive the compensation you deserve.
First, you should call 911 followed by moving your automobile into a safe zone. Then, gathering physical evidence and speaking with witnesses provides you with the information you need to file a successful car insurance claim. If you sustained serious enough injuries, a trip to the nearest healthcare facility leads to the diagnosis and treatment of your injuries. The most important step to take after a car accident involves contacting an experienced auto collision lawyer. Getting legal support helps you resolve five common problems that are associated with an auto collision.
Gathering Evidence
Getting involved in a car accident can overwhelm you, especially if you have to deal with one or more injuries. The rapid flow of thoughts might make you forget to look for physical evidence and/or speak to witnesses that confirm what transpired before, during, and after the car accident. An experienced car accident attorney from Schiff & Associates immediately accesses the official police report to review physical evidence, as well as obtain the names and contact information of witnesses.
Gathering evidence helps your lawyer determine the cause of the crash, which can help resolve the next problem on our list.
Proving Negligence
To win a civil lawsuit that seeks monetary damages, your car accident attorney must show the judge hearing your case the presence of the four elements of negligence. First, your lawyer must demonstrate the other party owed you a duty of care to protect you against harm. Second, your attorney must submit persuasive evidence that establishes a violation of the duty of care doctrine. Third, the crash must have caused you to sustain injuries. Finally, you must have generated financial losses to become eligible for compensation.
Calculating a Fair Value for Compensation
Calculating a fair value for compensation seems like a straightforward process. All it appears that you have to do is add up the bills associated with your case. However, many auto accidents trigger mental and emotional issues such as acute anxiety that makes it difficult to assign a price tag. Hiring one of the proven car accident lawyers from Schiff & Associates ensures you receive compensation for non-monetary damages, such as the value of compensation for living with the symptoms of Post-Traumatic Stress Disorder (PTSD).
Negotiating a Settlement
An insurance adjuster and/or the lawyer representing the other party might want to negotiate a settlement to avoid the costly and lengthy litigation process. Negotiating a settlement requires the legal expertise of an experienced car accident attorney. You resolve the negotiation problem by receiving legal support that ensures you receive what you deserve in compensation. Your lawyer submits an initial offer, which the other party either accepts or rejects. If the other party rejects your initial offer, you might receive a counteroffer or a formal letter that requests you to move on to the next step in the process.
Filing a Civil Lawsuit
Without the legal support provided by an experienced car accident attorney from Schiff & Associates, you cannot expect to resolve the issues that arise by filing a civil lawsuit that seeks monetary damages. A car accident attorney interacts with the judge and the other party’s legal representative, as well as files your civil lawsuit before the expiration of the statute of limitations. Each state sets the deadline for filing a personal injury lawsuit, with most states establishing the statute of limitations between two and four years.
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