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How To File A Valid Legal Claim After A Car Accident

How To File A Valid Legal Claim After A Car Accident
Bermix Studio
@bermixstudio

Being involved in an accident brings about a whole rollercoaster of events. It makes one dig deeper into the pocket when catering to medical needs. Worst of all, it may bring about health problems along the way. If you are not the at-fault driver, seeking justice is a good idea.

However, you need to understand the state laws on the filing of legal claims if you want to be successful in the end. In California, for instance, know things like the statutes of limitation as it makes the lawsuit follow the required timelines. There is a specific procedure that one needs to follow when doing the filing. During the legal process, value each step as it acts as a precursor to the other.

Seek Medical Attention First

Immediately after an accident, look for a medical center and get the necessary treatment. One reason for this is ensuring that you are in good health before proceeding with the legal process. Even when you do not sustain injuries, still get medical attention and confirm everything is alright.

Again, from the medical services, you will get a crucial document called a medical report. In it, there will be precise results of the damages which the accident brought about. A doctor will always include everything regarding your state of health. The medical report becomes a trustworthy source of evidence in the end. You will use it later in the claim process.

Contact the Insurance Company

The next step from the hospital is reaching out to the insurance representative of the insurance company. This is where you report the accident so that there can be a processing of the claim. During this stage, be comprehensive with the information you provide. Start from the general details such as names, dates, times to the specifics such as medical effects since the accident.

Presenting all the facts regarding the accident is necessary if you want a chance of getting full coverage. However, always remember that an actual cash value is different from replacement coverage. Again, avoid relying on the estimates from the insurance representative. This is because some may lure you into traps so that they can get more gains. This is why a lawyer is essential.

Understand the Statutes of Limitations

After being caught up in an accident as a Californian, knowing what the state laws are is the best thing to do. It makes you make the whole legal claim process seamless. For instance, there is a time limit that one needs to work with when it comes to the case. It means, when this time lapses, the court cannot allow you to proceed with the lawsuit. The statute of limitations for car accident claims in California stands at two years after the accident. This is not the same for the other states as each has its own set of rules.

Acting fast is the best thing ever as a claimant. This is because the more the delay, the more the chances of lacking substantial evidence. When the claim process happens immediately after the injuries, everything is fresh in the minds of everyone. The witnesses will thus, be much resourceful at such moments. But if time passes, you may lose that touch with them hence risking the claim process.

Evidence Gathering

The court will always want to get to the bottom of everything and dig out the truth. One way they achieve this is through checking the evidence you present during the court hearings. Thus, ahead of the sessions, find all the evidence to support your statements. It becomes the best time to use the accident photos, video coverage of the scene, and most importantly, the medical reports.

After the accident, the police probably came and took their statements as well. Such documents may be used as evidence as well. Sometimes, check if all the evidence shows some uniformity. This is because all need to give the exact description of things. With the help of your lawyer, scrutinize every document before presenting it. As you do this, prepare your witnesses well so that they speak in the same language.

Have an Account of All Expenses

When the court gives a ruling on the compensation, it does so based on the expenses at hand. You do not want a scenario where you end up getting half of what you could have received as compensation since you failed to include all expenses. Have a medical journal with you always. It ought to show all your spending on medical treatment.

Also, while filing the claim, including the reduced income, you are experiencing due to the inability to work. If you recently went for counseling to overcome the trauma, remember to key in the expenses.

The legal claim process is fundamental after an accident. It gives a person the opportunity of getting compensation for the financial and physical losses since the unfortunate occurrence. However, one needs to follow the correct procedure for there to be a guarantee of success. Knowing the state laws, such as the statutes of limitation, is significant as well.

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