Going through the extensive process of filing a car accident or personal injury claim can be frustrating for anyone who has never done so before. There are certain documents and evidence your claims adjuster will expect and missing even one document can put you at risk for a denied claim. Then there are those insurance companies that deny claims for insufficient reasons, despite sufficient evidence. Talk to a Tennessee auto accident lawyer today if you are experiencing these kinds of problems after a car accident caused by a negligent driver.
Determining Damages and Filing Your Claim
There are different types of damages caused by car accidents that you may be eligible to receive compensation for. These include compensatory damages and punitive damages. are made up of specific and general damages.
Specific damages can be some of the easiest damages to prove if you have the evidence to back you up because they involve objective measures of the damages you suffered. Common examples of specific damages are medical bills, lost wages, and
loss of earning capacity at work on account of your new injuries. Each of these can either be calculated with simple math or found on a document provided by your doctor or employer.
General damages are harder to prove because they involve subjective factors like pain and suffering, emotional distress, and loss of enjoyment of life as a direct consequence of the accident. These often require convincing witness testimonies. Punitive damages are rare but are granted in situations where the negligent driver’s actions placed others on the road in harm’s way.
Determining which damages you sustained is the easy part. The challenging part comes with collecting the evidence and documentation to prove your claim. A lawyer can help you piece all the relevant evidence together to build a strong claim to submit to the insurance company.
Taking the Car Accident Claim to Court
What happens if the insurance company still denies my claim? If you worked with a lawyer or by yourself to build a strong accident claim but were still rejected by the insurance company, you may have to do some investigation. Lawyers have enough experience with insurance companies to know when your being cheated.
This next phase involves negotiations with the insurance company. Your lawyer will handle this part, but if negotiations fail, the may be taken to court. This tends to involve each party questioning each other to discover the truth in the details. A judge will ultimately determine whether you are eligible to receive a settlement.
