In California, a car accident victim that wants to sue the other driver must prove the same driver was responsible for the accident that has caused the victim’s injury, or for the damages to the victim’s vehicle. How can that be proven?
There are some sure shot approaches to use during negotiations with the insurance company. This includes use letters, phone calls and emails to make your point. You or your personal injury lawyer in Dublin needs to present a reasonable argument. Additionally, your lawyer needs to focus on a driver’s expected knowledge of driving rules.
The questions that the plaintiff should be asking:
• Was the other driver negligent? Did the other driver fail to exercise an acceptable level of care?
• Did the negligent behavior displayed by the other driver cause the plaintiff to suffer physical or emotional harm?
How a lawyer can help a plaintiff to meet the challenge of proving who caused the accident?
Lawyer can help with locating in the medical records either test results or a doctor’s observation that manages to link the client’s injury to the defendant’s negligent behavior. An attorney can search for evidence that the other driver was guilty of committing a traffic violation during the moments before the injury-causing incident.
An attorney can compose a strong argument, and put that same argument in a demand letter. Lawyers can fight unwanted delays, like an insurance company’s effort to show that the client committed an act of contributory negligence.
On the other hand, lawyers can seek for an extension of the statute of limitations, if one of the injured victims has not yet arrived at the point of maximum medical improvement (MMI). That means that the same victim could display further symptoms. Lawyers have experience with handling persona injury cases. Each of them understands what to expect, in terms of obtaining a fair settlement for a client. A lawyer can stay on top of the case.
What does it meant to stay on top of the case?
• To carry out a thorough consultation with a prospective client. To ask about the identities of any passengers, and their accident-related medical problems.
• To consult with medical experts, if a client has a pre-existing condition. To obtain information that can be used to dispute a poorly-based allegation from the defense team.
• To anticipate a possible argument from the defense team, and to have a response prepared.
• To stand ready to step-into the picture, if the insurance company starts to apply pressure, asking for an early settlement. To have materials ready for presenting to the insurance company, as evidence that a client requires more time, due to the nature of the client’s injury.
• To help with locating video footage that can be used to prove that the other driver caused the accident. To arrange for gaining possession of that same video tape.