The Process of Using Medical and Legal Expertise For A Car Accident Victim
During the constitution of the medical file, the lawyer will accompany the victim in his steps to obtain the necessary documents. He will therefore be able to give the client a list of essential elements to be collected from the clinics and hospitals that have cared for him. He can also refer him for specialized services so that a forensic expert can analyze his injuries. The car accident attorney will refer the victim to a medical adviser.
The Follow Up
In the months following the accident, the victim will be appraised one or more times by the medical advisor mandated by the insurance: the latter is not impartial, since he is paid directly by the company. At the end of these visits, the expert will submit a report to the company listing the damage observed on the road victim. It is important that the victim be accompanied during these interviews in order to optimize the chances of full compensation.
The Lawyer and Medical Adviser
Before the medical expertise, the victim’s lawyer and the medical adviser will analyze the victim’s medical file and, in particular, the initial medical certificate was drawn up just after the intervention of the emergency services. During the medical/legal expertise, the lawyer and his medical adviser will have the role of the counterweight of the expert mandated by the insurance (and possibly the lawyer of the insurance). They will make sure that all the questions relating to the various items of damage are clearly posed to the victim of the road. This assistance is crucial insofar as the victim is very often unaware of the existence of certain reparable damages.
The Forensic Expertise
After the forensic expertise has carried out his duties, the lawyer and his medical adviser will write their own report and analyze the one written by the insurance company: the cost of each damage depends on the severity rate retained by the experts. The lawyer will therefore ensure that this assessment corresponds to the reality of the obvious injuries or that reported by the medical professional.
The Insurance Company
Finally, the insurance company’s report will be sent to an adjuster inspector who will proceed to the monetary calculation so that the compensation offer can be proposed to the victim. The lawyer will then analyze the offer in order to best advise the victim: accept the offer, refuse it or even sue the insurance company before the civil courts.
Be careful, during the expert appraisals, the insurance company’s experts will almost systematically question the causal link between the accident and the physical condition of the victim by invoking a previous condition. The objective is simple: if all the damage observed on the victim comes from a previous event, the insurer is not liable for compensation. For this reason, the work of the lawyer will also be to prove this accountability for each of the positions invoked.
If you have been in a car accident and don’t know how to proceed, it is best to seek the counsel of a car accident attorney. The process can be complicated, depending on the severity of the accident and the nature of your case. That is why it is important to have legal counsel.