Clearwater FL Car Accident Attorneys & Injury Lawyers

Berman & Berman: Clearwater FL Car Accident Lawyers

clearwater-fl-accident-injury-lawyersIf you have been injured in a car accident, contact a Clearwater FL Car Accident Lawyer. You must first make a claim with the insurance company of the person who is at fault. If the insurance company does not pay damages, you must file a car accident lawsuit against the at fault person and his or her insurance company.
Because damages are an element of negligence, an insurance adjuster will not take seriously a claim that is based solely upon your good word. You must provide evidence of your damages. When you receive medical treatment from a medical professional, that professional “charts” information related to your injury and treatment. These chart notes are used to create a medical record of your health history. They are also used by physicians to support payment of their bills for treatment provided to you by insurance companies. In order to substantiate your claim for damages, you must produce certain specific and detailed medical documentation related to your injuries and treatment. Damages that are related to loss of income, medical expenses and property damage are straight forward to calculate. Non-economic damages consist of physical disfigurement, future medical expenses, and pain and suffering are more difficult to calculate. Many times, the largest impact an injury has on a person is the physical limitation caused by debilitating pain. Chronic pain is often very real and can leave an injured victim and their families devastated for years. Some damages are easy to calculate, while others aren’t so straight forward.
Your medical records cannot be simply released to anyone. They are privileged and protected by Federal law. However to support your claim for car accident injuries, your Car Accident Lawyer will be required to produce documentation to substantiate your claim of injuries. Remember that you can be only compensated for your injuries if someone else is at fault for your damages. In other to be at fault, all elements of negligence must be met: duty, breach, causation and damages.

In order for an injured victim to receive a settlement they would need to prove three things – the other person was at fault, an injury has been suffered and the injuries have caused a loss of quality of life. Obviously, not every accident is that straight forward with all the facts clearly laid out. There are many twists and turns that will need to be considered before an exact dollar amount can be established.

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The success or failure of a lawsuit is of course intrinsically related to the evidence which comes out at trial. If you are a plaintiff who is injured in an accident and you sue to recover for your injuries it could be very difficult, if not impossible, for you to prove your case without showing the judge or jury the actual evidence. You must demonstrate to the judge and jury how your injuries was caused by the accident and how the other party is responsible for the accident. Retain all items connected with the accident. For example, if you buy a replacement tire for your car at your local car accessories store and are injured when it allegedly malfunctions, you should not dispose of the car or tire since it will be crucial evidence at trial. If the car or tire cannot be inspected by the defendants, then they will all but certainly assert that they are entitled to sanctions arising from the “spoliation,” or disposal, of evidence since they have been deprived of establishing the defense that the tire was installed improperly by the plaintiff or that the tire and car were not defective.

Non-economic damages are commonly known as “pain and suffering” which is subjective to each individual. Unfortunately, pain cannot be measured, heard, or seen. Clearly, a broken bone that protrudes through the skin is more painful than a sprained wrist and will undoubtedly receive a higher non-economic award. Obviously, nothing is written in stone, especially in the early stages when you are trying to find out what your case is actually worth. Often times compensation related to “pain and suffering” could potentially come down to what a judge or jury believes you are entitled to based on evidence presented during trial.

Don’t lose out on the compensation you rightly deserve. Seek the assistance of a Car Accident Lawyer in Clearwater FL.