How an Attorney Can Help With Your Car Accident Claim

If you were injured or suffered property damage in a car accident, you might be wondering exactly how an attorney can help you — or whether it’s a good idea to try to deal with the insurance company and settle the claim on your own. While much depends on the specifics and the complexity of your case like Attorney Paul Napoli, in general a lawyer can:

  • communicate with the other driver’s insurer
  • obtain the necessary evidence with respect to liability
  • organize your medical records and bills
  • communicate with your health care providers to obtain missing records
  • work with your doctors to make sure they provide the medical information you need so that you can prove damages in your claim
  • organize and present the evidence in order to prove liability and damages
  • negotiate with lien holders on your claim (such as health, disability, or workers’ compensation insurers) to potentially reduce the amount of those liens, and
  • negotiate a satisfactory settlement with the insurance adjuster or defense attorney.

Let’s look at a couple of these things in-depth.

Communicating with the Other Driver’s Insurer

In any personal injury case, your lawyer will open up a line of communication with the insurance adjuster for the other party (or parties) involved. The adjuster has the pocketbook, and so it is critical for a plaintiff’s lawyer to have good communications and a good relationship with the adjuster.

Obtaining Necessary Evidence of Liability

A good lawyer can help obtain all of the evidence that you will need to prove liability in a car accident claim. Although you may have already taken photographs of the accident scene, your lawyer will probably go back to the scene him/herself to see what it looks like. While a picture may be worth a thousand words, actually seeing the scene can be worth a thousand pictures.

Obtaining Necessary Evidence of Damages

This is where a good lawyer can be essential to your case, especially when you’ve suffered significant injuries in connection with a car accident.

It is critical to obtain all documentation related to your injuries, but it isn’t always easy to get your hands on those records and bills from health care providers. Although the records are technically yours, and you have an absolute right to them, sending medical records to patients and lawyers is just not a health care provider’s first priority.

Small doctors’ offices may not have the staffing or the time to respond to medical record requests on a timely basis. Large hospitals may have specific procedures that must be followed in order to respond to medical record requests. If you don’t follow their procedures (which they often don’t publicize very well), they simply won’t respond to your request.

Then, when the health care provider does respond to the request, the records may be incomplete. Any lawyer’s secretary or paralegal will tell you that they often have to request the same records more than once and that they have to follow up endlessly with the provider’s office.

Finally, it may turn out that the doctor did not use the “magic words” as to causation, prognosis, and disability in his or her notes. In order to successfully prosecute any type of personal injury claim, you must be able to prove, through medical evidence,

  • exactly what your injury, disability, or physical limitation is, and
  • that it was caused by the defendant’s negligence.