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Private lawyer vs insurance lawyer in traffic accident

The importance of choosing a lawyer specializing in traffic accidents

Private lawyers vs. insurance lawyers is an easily solved dilemma. As lawyers specialized in traffic accidents, we know that if we suffer a traffic accident, we normally expose ourselves to a totally new situation for us, in which several factors with which we are not at all familiar collide.

In the event that a friendly accident statement is made -a friendly report-, we hesitate about how to fill it out, whether to say everything that comes to mind or try to limit ourselves to what is strictly necessary so as not to add tension to the situation of suffering an accident. traffic accident.

If it is a police report that is being carried out, we declare what is going through our minds at that moment, without a filter and without knowing what exactly is important. And all this without taking into account the possible injuries that can occur in a traffic accident, and that undoubtedly make it difficult for us to foresee the consequences of the statements we make in this first phase of any accident. Of course, we do not fall into the need to look for witnesses, or account for material damage, nor, many times, as a result of tension, we are aware that we have been injured.

What is the result of all these omissions, logical, at the time of writing an accident report or a statement to the police?

Well, the first scenario on which lawyers have to build a story in accordance with reality, based on the statements of the clients, trying to prove

how was the accident
whose responsibility is it and
what damage has occurred

How was the traffic accident? The Attestation

After reviewing that certificate or friendly declaration of a traffic accident, we send a request to the insurance compensation consortium, to certify who the insurer of the opposing vehicle is, to know exactly who we will direct the action against.

Many times in the reports neither the policy nor the insurer is entered correctly, or they are invented and then it turns out that the vehicle is not insured. The only way to certify the coverage of a vehicle is by requesting a certification from the insurance compensation consortium, an entity to which any insurance company or insurance broker that registers an accident policy must notify that registration.
The assessment of the damage caused in a traffic accident

With that, we move on to the injury assessment phase, looking at the emergency reports, follow-up reports, rehabilitation reports, complementary tests, to establish a chronology of the accident, see the evolution of the injuries and the actions that have been required in order to their improvement, as well as, when we are discharged, check if there is a total clinical improvement or if there are lesions that do not heal and become sequelae.

All this without neglecting the review of the patrimonial damage caused by a traffic accident, from sick leave to taxi costs for rehabilitation or private doctors that we have had to pay out of pocket.

With all this information, we proceed to assess, based on the traffic accident scale, (a rule of more than 500 pages, with formulas for calculating compensation for injuries caused in traffic accidents) the damage produced in the accident, computing all items contained in the aforementioned standard:

Damaged in case of death. Who are they? What relationship did they have with the deceased person? Were they the only ones of their category? Were they financially dependent?
Temporary disability. How many days have you been on medical leave? Was there sick leave? Were there functional limitations that prevented you from practicing sports? Load weights? Lead? Did those limitations make it difficult for you to shower? and eat? And use electronic devices?
Aftermath. Is there damage that will be irreversible? Where? In what grade? Is there pain? How far do they limit us? Do they imply an impossibility to continue working? Aesthetically, are they little, enough or very evident?

There are countless combinations, which are particularly complex and require a detailed study by professionals who are trained and updated to apply current regulations to the specific case, leaving no item to be quantified, and checking that the amount to be claimed is the highest possible. For which we will need a lawyer specialized in this type of claim.

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