In each state’s legal system, damages have a special place and represent a large area of law that aims to be an effective way for the person who suffered a car accident. There are numerous situations in which the injured or injured party has the right to compensation and filing a lawsuit to exercise his power. Every lawyer can initiate, manage and conclude the subject of payment and collection of damages that occurred during a traffic accident. There can be material damage to the vehicle or vehicles, or there are other types of loss due to death or injury of participants in traffic accidents, etc.
Lawyers for traffic accidents and collisions have built the best-case analysis system. They must be skilled in noticing all the essential circumstances on which the client’s successful defense depends, and the smallest detail can be determined to determine the option that affects the client—the man in the vehicle that caused the accident. The best approach is for lawyers to hire a traffic accident expert and thus additionally and better understand the situation and all potential disadvantages and advantages of the case even before the official expertise in the court case is performed. In that way, the defense has power because it received all the information in which direction it can act. Of course, there is the option that the finding and opinion of the expert hired by the body of procedure be following the conclusion obtained privately from a permanent court expert.
The advantage is where the results do not agree, so a better strategy and stronghold of the defender can be developed, i.e., traffic accident lawyer. Where it is only a matter of damages, and there is no criminal liability for a traffic accident, filing a claim or claim for damages is formulated and one of the more straightforward procedures, so lawyers can easily find their way in this matter.
The issue of damages is one of the most complexes, and one must be very careful when filing a lawsuit and conducting proceedings. The client and the attorney for damages must consider several legally relevant facts and decide and direct legal activities. There are lawyers specializing in the collection and compensation of accidents, but there is no particular list of lawyers for payment and collection of costs. The client can ask any lawyer if he deals with this matter and thus checks his practice and experience in collecting damages.
The basic types of damage are numerous, so there is a possibility of compensation, among other models, for the actual cost and lost profits, for the suffered physical pain and bodily injuries, the experienced fear and mental illness, and mental suffering. There are also various harmful actions of a responsible natural or legal person, etc. There are special rules on bodily liability for damage, liability for another, the liability of the state, liability of insurance companies, etc.
What is common to all types of damage is the obligation of the plaintiff, when there are no legal preconditions for liability for injury, to prove the causal link between the action of the responsible person (natural or legal person) and the occurrence of damage, i.e., harmful consequences, etc. Thus, for compensation, the plaintiff has the burden of proving that a precisely determined action or several actions (illegal act or omission, etc.) are precisely the cause of the specific damage. Then, it is necessary to prove the existence of the injury itself and its particular height. It is often the biggest problem in compensation cases because sometimes there are no parameters according to which the loss can be determined and efficiently, so sophisticated court expertise must be performed, etc. It happens that the accident was partly caused by other reasons, not only due to a person’s actions, etc.
Each case like this has its peculiarities and must be considered in a quality way to realistically assess whether it is expedient to file a lawsuit and whether the damage and the causal link and other essential elements of such proceedings can be proven. It is the duty of the attorney for accidents to present the situation to the client realistically, and to warn him of all aspects. The client always decides whether to engage in compensation proceedings and risk the success of that procedure.
Indeed, it is desirable to immediately hire a lawyer who will lead the case and advise the injured party in detail on what to do, etc. Each situation is specific and must be adapted to the proceedings’ needs, gathering evidence and securing witnesses, etc. When all possible ways to collect evidence have been exhausted and when they have been sufficiently provided, processes are initiated, possibly both criminal and civil, as well as proceedings before internal control.
You need to get a lawyer to help you and negotiate with the insurance company if you want the best outcome. A person who is injured in a traffic accident, for which it is not to blame, or which it did not cause, as well as a person whose close relative, became disabled or died in a traffic accident, can claim compensation for damage.
The person liable to pay compensation for damage based on car liability is the insurance company, where the person who caused the traffic accident insured the car against car liability.
The procedure is initiated by submitting a request to the insurance company. This procedure is mostly informal. The application should only provide necessary information about the insured person, the protected case (when, where and how the accident occurred, and evidence of that), your data, and the request for payment of compensation.
The insurance company will act upon your request and will provide you, in writing, with a decision on the amount, which it is ready to pay you, upon your request. There is a right to object to this decision, and a lawyer will be of great help to you in negotiating and mediating with the insurance company.