The whole reason you visit a personal injury lawyer is to seek compensation for your injuries and see what damages may be awarded by a court. While you want justice, at the end of the day, you don’t want to be left holding the bag after a car accident. If the other driver is responsible for your crash, they should be held accountable. The best way to hold them accountable is to win your claim for damages. When you first get into your crash, you’ll have to file a claim with the other driver’s insurance company. If you’re lucky, they’ll approve your claim and you’ll receive your check-in a week or two and if you’re not lucky you might have to take it up to the court.
In many cases, however, the insurance company will deny your claim. There are several reasons for this:
- The policy wasn’t valid
- The policy had lapsed for non-payment
- The driver wasn’t listed on the policy
- You didn’t file your claim in time
- The insurance company doesn’t believe you were hurt
- They think you caused the accident
- You have a history of filing false claims
For most of these reasons, your lawyer can appeal your claim. As long as the claim wasn’t denied for being invalid, your lawyer can try to negotiate payment of your claim.
If your claim was denied because the policy wasn’t valid, there’s nothing your lawyer can do to help you. No insurance company is going to pay out claims on an invalid policy. If they did this, they’d go out of business in no time.
If your attorney isn’t able to negotiate a settlement of your claim, they’ll have no choice but to file a lawsuit on your behalf.
Your Initial Complaint Will Include a Demand for Damages
When your Henderson car accident lawyer initially files your lawsuit, they’ll file something called a complaint. Your complaint must name all potential defendants. It also has to specify your damages. If you don’t demand certain damages in your complaint, you won’t be able to ask for them later.
Some of the damages your attorney will demand include:
- Medical bills
- Lost wages
- Property damage
- Permanent disability
- Pain and suffering
You’ll have to submit evidence to prove all of these types of damages. The insurance company is going to want to pay as little as possible. It’s your lawyer’s job to prove that you’re entitled to compensation.
How Do You Prove Your Medical Bills?
In order to prove your medical bills, you’ll need to submit evidence of your out-of-pocket expenses. This is why it’s important that you keep detailed records from day one. This includes the emergency room bills and costs of your ambulance the day of your accident.
The insurance company that paid your medical bills will expect to be reimbursed when you settle your case. They’ll probably file liens against your lawsuit in the meantime. This will serve as proof to the defendant and Court as to how much your medical expenses really were. You can also submit receipts for any out of pocket expenses.
If you miss weeks or months from work, you should be entitled to compensation. Your attorney can submit timesheets showing how much time you missed. You can also submit tax returns showing what you would have earned had it not been for the accident.
Proving Property Damage
When it comes to proving property damage, you’ll have to provide proof of your car repairs. If your car was totaled out by the insurance company, you’ll be given the fair market value of your vehicle. You can use this to buy a used car or as a down payment on a new car.
The defendant will be liable for whatever out of pocket expenses you suffered as a result of the accident. This includes car rental fees, insurance deductibles and uncovered repairs. Your attorney will submit evidence proving these damages in court.
Pain and Suffering
If your injuries are serious enough, you may be entitled to pain and suffering. If your case goes to the judge or jury, they’ll decide how much you’ll receive in pain and suffering. It will depend on how badly you were injured. It will also depend on how much your life was impacted as a result of your injuries.
Contact a Car Accident Attorney in Henderson
If you’re injured in any sort of car accident, you should contact a car accident lawyer in Henderson, Nevada. Your lawyer at Nettles Morris Law Firm will fight to get you the compensation you deserve. They’ll work hard to gather evidence to prove your damages.
Call today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case.