When a car accident happens, a series of negotiations ensue between the claimant and party responsible. In most cases, liability falls on the insurance company of the driver at fault. If you have been a victim of an accident, your concern is to get the highest settlement. To secure the right settlement you need legal representation to prove negligence. There are several steps involved in successfully negotiating a claim.
Knowledge of Legal Terminologies
In every profession, there is a set of terms with unique meanings. For instance, lawyers may talk of reasonable doubt or hearsay. To successfully negotiate a claim, you need to understand terms related to personal injury claims. Some of the terms used in this field of law include liability, duty of care, damages and breach of duty. These concepts must be understood so as to be applied correctly. In light of this, it is best to hire a personal injury claim attorney, such as RAMSDEN LAWYERS, who is well versed with such legal terminologies. The attorney will negotiate on your behalf. He or she will also be in a better position to communicate with insurance adjusters on their level.
All drivers need to uphold a duty of care when driving. When this has been breached, they are said to have acted negligently. To win your case, the attorney must define the duty of care in that particular instance and determine that this was breached. He must prove beyond reasonable doubt that the carelessness of the driver caused injury to you, the claimant.
Liability refers to the legal obligation and responsibility. Once the attorney has established negligence, he must prove liability. Proving liability can be complicated, because more than one party may be liable. There are instances, when car defects may be a result of negligence on the manufacturer. Insurance companies attempt to make other parties assume liability and this is why you need an expert negotiator. When liability is shifted to another party, the claimant may end up losing or getting shortchanged.
Damages include property damage and personal injuries as a result of the accident. Damages need to be verified by physician records, medical bills, repair estimates and other related documents and even photographs. When calculating damage, the impact of the accident on the individual must also be factored in. For instance, compensation should be given in the event that one is not able to resume work for a certain duration of time. As evidenced, successful negotiation requires the expertise of a personal injury attorney.
Hello, all. I am a volunteer worker at an outreach centre which helps people of all ages with financial problems. I have come to realise that many of these people face hardships due to life-changing incidents such as unfair dismissal, a workplace injury or a car accident. Many of them are hard workers who aren’t aware of their legal rights. Last year, our outreach centre brought a lawyer on board to provide legal advice and assistance. I help by scheduling appointments, taking notes and following up on each case. I have learnt an awful lot about our laws and am impressed how knowing the right legal avenues can change people’s lives. I have just started a legal assistant’s course and thought this blog might be a good place to record the knowledge I gain. I hope you find it useful and insightful. Thank you for stepping into my world.