After a car accident, you will likely need compensation for medical expenses, lost wages, property damage, and pain and suffering. Your lawyer will fight to ensure you receive all the money you deserve.
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If you’ve been injured in a car accident, preserving all documents relating to the crash is important. Even things that may seem insignificant at the time can become crucial pieces of evidence as your case moves forward. You should also keep a detailed journal of your injuries and how the accident has affected you and your life. This journal will allow your attorney to better understand the true extent of your losses.
At the scene of the accident, it is a good idea to take pictures of the vehicles involved in the accident, their positions, and any damage. This will be valuable evidence later when it is time to prove negligence in your claim. Pictures can also refresh your memory, since small details easily escape our minds after a traumatic accident.
You should also contact the police at the scene and have a report filed. This will contain critical information about the crash and its cause, including witness statements. It will also establish liability, which will be useful if your case goes to court.
A qualified car accident attorney can help you find witnesses and get their statements on record. They will also be familiar with the relevant laws, including statutes of limitations, which can bar you from filing a lawsuit after a certain period of time has passed.
An experienced car accident lawyer will review your medical records and other related documentation to ensure that you’ve fully documented your losses and that you are eligible for compensation. They will also be able to identify any additional damages you might be entitled to for physical pain and emotional suffering, such as post-traumatic stress disorder.
An experienced attorney will develop a legal strategy that maximizes your chances of winning the maximum amount of money possible for your claims. They will have the experience and expertise to negotiate with insurance companies and be prepared to take your case to trial if necessary. They can also handle the day-to-day work of your claim so that you don’t have to worry about it while you focus on recovery from your injuries.
Insurance Adjusters
When an accident occurs, victims will often find themselves fielding phone calls from insurance adjusters. Both their own insurer and the at-fault driver’s will want to speak with them to determine if they were responsible for the crash and to make claims about their respective damages. It’s best to avoid talking to insurance adjusters until you have your lawyer handle the communication for you. Insurers prioritize their employer’s financial interests over the well-being of car accident victims. Their goal is to deny or underpay injury claims as much as possible to improve their profit margins. Having an experienced lawyer on your side levels the playing field and makes it more difficult for them to take advantage of you.
Insurance adjusters typically ask questions about your vehicle damage, medical bills, lost wages due to the inability to work, and other expenses related to your injury. They may also request access to your medical records to assess your condition and treatment needs. Your lawyer will gather all this documentation and use it to build a strong case on your behalf. They will also be able to advise you on any applicable state laws that might impact your claim.
Your attorney will carefully evaluate all aspects of your claim and negotiate with the insurance company on your behalf. They will consider all your losses and expenses to ensure that the insurance adjuster offers fair compensation within policy limits. In cases of shared fault, they will assess liability percentages and comparative negligence rules to determine your compensation.
Insurance companies will often try to discourage you from pursuing full compensation or accepting a lowball offer. This is because they know that victims who go into negotiations without a lawyer can be easily persuaded to accept less than they deserve. Having a car accident lawyer by your side means that you won’t be vulnerable to these tactics and will be able to stand firm in your demands for fair compensation. They will also understand applicable laws to help you navigate the complicated insurance process, ensuring that your rights are protected every step of the way.
Settlement Offers
A car accident lawyer can help you decide if an insurance company’s initial settlement offer is fair. They will use their expertise to calculate your total economic damages (lost wages, medical bills, property damage) and non-economic damages such as pain and suffering. They also know how to negotiate with car insurance companies and can fight for more compensation if necessary.
Typically, most car accidents are settled out of court. However, if an insurance company denies your claim or doesn’t offer you a fair amount, your attorney can file a lawsuit on your behalf. This can be a lengthy process. But it’s worth it if you want to receive the full amount of your damages.
Once your case reaches the litigation phase, you can expect multiple rounds of proposals and counter-proposals from both sides. It’s important for your car accident lawyer to take the time needed to ensure your legal rights are protected. In some cases, it may be necessary to bring in outside experts to support your case, such as accident reconstruction professionals and medical professionals. These are often more expensive than a typical case but can be critical to your success.
The time it takes to reach a settlement can vary greatly from case to case. Some cases are able to settle quickly while others can go on for years. One factor that affects the length of time it takes to reach a settlement is whether or not the at-fault party’s insurance company admits their liability. It can also be influenced by how much your lawyer believes you are entitled to and how strong their arguments are.
You should never accept an insurance company’s first settlement offer. They will often lowball the initial offer to save money and to get you to accept it before you hire a car accident lawyer. This can cost you more in the long run because your injury expenses and losses are likely to increase over time.
The most important thing to remember is that you have only one chance to settle your car accident claim and get the maximum amount of compensation for your damages. It’s crucial to consult with a qualified car accident lawyer as soon as possible after your crash to help you navigate the process.
Courtroom Battles
While most car accident claims settle out of court, some do go to trial. If this occurs, it is important that your lawyer have the experience and knowledge to fight for you in a courtroom setting. They will present evidence and expert witnesses, and carefully construct arguments on why you deserve compensation for your injuries and losses.
A judge and jury will then weigh all of the evidence that is presented in court. If the plaintiff is found to have met their burden of proof, they will be awarded financial compensation for their damages.
Before the case goes to court, your attorney may need to prepare for a trial by interviewing witnesses and reviewing evidence in discovery. They will also assemble documents and diagrams to support their statements in court. For example, photographs of the damaged vehicle from different angles and estimates for repair work can add credibility to damage claims. Your doctor’s opinions about your future medical needs can lend credence to disability costs and pain and suffering damages.
Once your lawyer has prepared, they will file a complaint in court on your behalf against the at-fault party or parties. This will set out the four primary elements of your case:
- What duty the other party owed you.
- How they breached that duty.
- How those breaches caused your accident and injuries.
- What damages you suffered as a result of the accident.
The defendant’s legal team will respond to the complaint by filing one or more motions. Then, you will need to wait for the case to make its way through the court’s busy docket.
A lawsuit can take months or even years to reach trial, particularly in busy jurisdictions. During this time, your lawyer will continue to communicate with the insurance company and the other parties involved in the case to discuss settlement options. They will also continue to gather evidence and expert witness testimony that supports your claim. They will help you calculate your damages and work to get you the maximum compensation possible. If your case does not end in a favorable settlement, your lawyer will have the resources to take your case to appeal if necessary.