Injuries, especially those due to the negligence of another in a car accident, can be devastating and can negatively impact a person’s life in a number of different ways. As a result, if you, or someone you love, has been involved in a car accident, you should consult with a Clearwater car accident lawyer to help file a claim and guide you through the process as successfully as possible. To learn more or discuss your case, call and schedule a consultation today.
Filing a Claim
After a car accident occurs, the first thing that an individual should do is seek medical treatment and then get in contact with an attorney. An attorney will be able to take that individual through the various paperwork, such as fee agreements and HIPAA waivers, so that the medical records and bills necessary to build a strong claim can be collected. Once this paperwork is completed, the individual should focus on following their doctor’s orders and completing whatever medical treatment is their doctor thinks is necessary.
Following this treatment, an attorney will work on gathering all the medical records and bills involved in the case and put them into a demand package to send to the insurance company. This package will explain, in detail, what injuries were suffered and how they affected the client’s life. The insurance company can then make an offer, after which the attorneys may negotiate a settlement or file a complaint to take the matter to court.
Other Steps An Attorney Can Take
In order to strengthen the claim as much as possible, an attorney will go through discovery and take depositions. The insurance company will then have another opportunity to make an offer or negotiate a settlement. If they are unable to negotiate a settlement, the attorneys will proceed to trial at which point the jury will render a verdict, ending the case.
What Needs to be Proven
In order to get a result from a car accident claim it is imperative that liability is shown. In order for the person driving the car to be liable they must have:
- Had the duty to drive safely
- Breached that duty to drive safely
- Through that breach of duty causes the damages to the injured party.
If each of these elements are proven and it is demonstrated that the driver’s breach of duty caused the victim’s damages, then liability is effectively proven. Once this is done, the next step would be to prove what damages would be involved in the case.
There are a number of difference damages that could potentially be involved in a car accident claim. These damages can include the medical bills that resulted from the accident, any lost wages that were incurred as a result of injuries from the accident, and any pain and suffering or emotional distress that was caused by the car accident. In order to prove the amount of these damages an attorney will use medical bills, the testimony of doctors, and potentially the victim’s testimony of the impact that the injuries had on their life.