How To File Claims After An Automobile Accident?

You may have suffered an injury due to a car accident and will be looking to file a claim for compensation. The injury would have caused due to the fault of another person. You can claim for compensation even though if I was not you, who was driving the car.

You have the right to claim compensation for the pain and sufferings you are undergoing, medical expenses, lost income, and future income and other expense that relates directly to the accident. The compensation for your accident depends on the injuries and pain you suffer. Here, you will see how you can claim for an automobile accident.

How To File Claims After An Automobile Accident

1. How to Claim?

Initially, the claim for automobile injuries may seem to be difficult. However, your personal lawyer can help you in this area, if they hold experience.

The lawyers along with their team will assess the injury and recovery time by coordinating with the authorities conducting the medical examination. They will gather evidence relating to your car accident as to when it happened, where the accident happened and how the accident happened. Also, they will gather witnesses and photographs wherever needed along with medical records.

In many cases, a car accident injury is settled in the court as there will be strong evidence to prove negligence and, obligation. Even at times, things can get settled outside of court with appropriate compensation.

If your negligence is disputed with another party, then your case will be taken to court. Your personal lawyer can help you in every aspect and, they will take care as they hold experience.

2. Evidence Related to the Accident

Try making notes as soon as possible, as they are very important for documentation. It may be insignificant, but try to include as many details you can gather. It can include a few of the things like

  • Photograph of the accident scene as well as the vehicle.
  • Photograph of the injuries you suffered after the accident.
  • Receipts of medical expense which can include X-Rays, visits to the family doctor, physical therapist, etc. Make sure all these documents are signed and dated.
  • Receipts of the miscellaneous costs which relates directly or indirectly to the car accident. The expense may be taxi service, cancellation of air tickets if you were about to travel, daycare expense for you kid, and so on.
  • Letter from your employer if you have lost your job.

3. How much Compensation can I Claim?

The compensation amount for a car accident varies drastically from one to another. The variation occurs because not all the car accidents are same. In some case, it would be a major injury and in some it will be minor injury. The best way to know your compensation amount is to ask your lawyer as they can help you with a rough estimate of the compensation.

4. Impact of Accidents

Accidents result in damage to the cars in addition to traumatic injuries which could be of varying intensities. And depending on the nature of injuries it may also be possible that the victim maybe bedridden for a long time or suffer life changing injuries.

In other words it is possible that the individual may need to adjust his or her life according to the injuries. This may result in additional expenses for a very long time which could in fact extend for the rest of life. This is exactly why it is absolutely necessary to engage the services of an experienced lawyer to file claims in court for adequate compensation.

5. Presenting Evidence in Court

An experienced lawyer would be in a better position to present the case in court adduce evidence and work towards getting a favorable order of compensation. There are many technical aspects to an accident injury case.

For instance it requires the testimony of an expert medical authority about the nature of injuries and the need for assistance to the victim. It needs to be borne in mind that the respondent in the case would certainly rely on the services of good lawyers to get an order that is favorable to them. This is precisely why it is necessary to be able to present a watertight case in court for getting a just decision. 

An experienced lawyer will be in a better position to understand the importance of evidence and the manner in which it needs to be presented. There is often the slip between the facts of the incident and establishing the same in court.

6. Understanding the possible Costs

The possible cost that will arise out of an accident include the cost towards repair the cost towards treatment and medical expenses the lost in turnings probable loss of future income and the mental trauma which affects life. All of this needs to be adequately compensated and this can only be accomplished if you rely on the services of an experience lawyer. 

Insurance companies are more likely to agree for a settlement if they realise that the lawyer would leave no stone unturned in the fight for justice.

One of the advantages of hiring reputed lawyers is the fact that upfront fees are generally never charged. This is due to the fact that the lawyers are confident of securing a favourable order. In other words individuals need only pay the fees to the lawyers after the conclusion of the case. This does not create any additional burden on the victim to shell out fees to lawyer in the pursuit of justice.

There is really no substitute for experience and this is especially important in the case of accident trials where it is absolutely necessary to prove the impact of accidents. There are different types of accidents such as a head on collision, a rollover accident, or an accident due to human error on the part of the driver.

Only a competent and specialist lawyer would be in a better position to understand the accident the nature of injuries the impact and the possible future implications. All of this needs to be presented in court in a proper manner so as to convince the Court and secure a favourable order.

(Last Updated On: November 11, 2020)

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