Being in a car accident can be a traumatic and overwhelming experience. You may be dealing with injuries, vehicle damage, lost wages, and insurance claims. Having an experienced car accident lawyer on your side can make a big difference in getting the compensation you deserve and navigating the legal process.
In this article, we will look at the key ways a car accident attorney can help you after an accident.
Gather Evidence from the Accident Scene
Documenting Details and Taking Photos
One of the first things a car accident lawyer will do is make sure that evidence from the accident scene is properly collected and documented. This can include taking photos of damage to the vehicles, skid marks on the road, the position of the cars, and any other relevant details. Photos help capture important evidence before the scene changes. The lawyer will also get witness statements and contact info from anyone who saw the accident happen. Having good documentation from right after the accident helps reconstruct what happened.
Getting Police Report and Other Documents
In addition to evidence from the scene, the lawyer will obtain key documents like the official police report, ambulance records, and any traffic camera footage that may have captured the accident. These documents can support your version of how the crash occurred and prevent the other side from falsely changing their story later. The lawyer knows what records will be important for building your claim.
Investigating the Accident and Finding All Liable Parties
Looking into the Other Driver’s Background
A thorough car accident lawyer will dig into the background of the other driver involved. This can uncover additional responsible parties like a trucking company or commercial carrier service. The lawyer may find past traffic violations, license suspensions, or patterns of unsafe driving. If the other driver was on the job at the time, their employer may share liability. Comprehensive investigation helps identify all potential sources of compensation.
Determining Fault and Negligence
While the police report will make an initial call on fault and citations, the lawyer conducts a detailed reconstruction of how the accident happened. This may involve getting vehicle telemetry data, hiring expert witnesses, creating diagrams of the collision, and closely analyzing the driving conditions that day. The goal is proving definitively that the other driver was negligent and responsible for causing the crash.
Valuing Your Personal Injury Damages
Calculating Current and Future Medical Expenses
A significant part of the accident claim value is the cost of medical bills, both in the short term and into the future. The lawyer works with doctors to fully understand the care and treatment you will need. Things like surgery, physical therapy, medication, assistive devices, and in-home healthcare aides can add up quickly. The lawyer projects future costs over your lifetime.
Documenting Lost Income and Reduced Earning Capacity
Missing work due to the accident and recovery results in lost income that the at-fault driver must repay. The lawyer demonstrates your lost wages with pay stubs, employer documentation, and income tax returns. If the injuries reduce your earning capacity long-term, vocational experts can evaluate your ability to work and estimate the total lost earnings over time.
Evaluating Pain and Suffering Elements
The car accident lawyer puts a dollar amount on less defined damages like pain and suffering, mental anguish, and loss of enjoyment of life. These are real harms that get calculated by looking at case law, prior jury verdicts, the claims adjuster’s initial offer, and factors like the severity of your physical and emotional injuries, extent of permanent disability, and length of recovery time.
Negotiating the Settlement with Insurance Companies
Maximizing Compensation from All Policies
Carrying several applicable insurance policies is key. This includes the at-fault driver’s liability coverage, your own underinsured motorist coverage, any umbrella or excess policies, and PIP and MedPay if applicable. An experienced lawyer knows how to strategically negotiate and sequence the claims with insurers to get the full value owed. They fight against lowball offers and settlement tactics.
Dealing with Claims Adjusters and Defense Attorneys
Insurance claims adjusters and defense lawyers representing the other driver will likely try to minimize what you receive in a settlement. A car accident lawyer helps level the playing field and handles these negotiations so you can focus on recovery, not haggling over compensation. The lawyer knows what objections and tactics to expect from insurers and how to counter them.
Going to Trial if Needed
If a fair settlement can’t be reached through negotiation, the car accident lawyer will take the case to court. They are prepared to build a convincing case in front of a judge or jury to get you maximum compensation under the law. Few injury cases actually go all the way to a trial verdict, but the threat can motivate insurers to pay more.
Additional Ways a Lawyer Helps After an Accident
- Helps fill out necessary forms and documents for insurance claims. Knows statute of limitations deadlines.
- Connects you with trusted medical providers who work with accident cases. Helps get treatment even if uninsured.
- Communicates with your car insurer to make sure the vehicle damage claim gets paid properly.
- Advises on interactions with insurance adjusters and recorded statements to avoid issues impacting your claim.
- Requests and reviews key documents from the insurance company’s files.
- Handles all aspects of demanding fair compensation for you so you can focus on healing.
Key Takeaways
- Car accident lawyers help gather evidence, prove liability, demonstrate damages, negotiate settlements, and try the case in court if needed.
- Their investigation, experience, resources, and advocacy can significantly increase compensation.
- They deal with insurance companies and legal complexities so you can recover from the accident.
- With an attorney’s guidance, car accident claims are more likely to result in maximum payment for injuries, losses, and other damages suffered.
Conclusion
Being in a car accident can derail your life with injuries, vehicle damage, lost income, and stacks of bills. An experienced car accident attorney levels the playing field and fights to get you the money owed so you can move forward. If you were injured in an auto accident that was someone else’s fault, contact a lawyer for a free consultation and evaluate your legal options. With an attorney on your side, you can feel confident that your rights will be protected and you will get the maximum compensation allowed.
FAQs
What does a car accident lawyer do?
A car accident lawyer advocates on behalf of clients who were injured or suffered other damages in a motor vehicle crash. They investigate who is at fault, gather evidence, demonstrate how much compensation the client is owed, negotiate with insurance companies, and take the case to court if needed. Their goal is obtaining the maximum settlement or court award possible.
When should I hire a car accident attorney?
It’s best to consult an attorney soon after the accident while memories are fresh and evidence can still be gathered. An lawyer can advise if you have a valid injury claim and immediately start building your case. Waiting can jeopardize valuable evidence and your legal rights.
How much will hiring a car accident lawyer cost?
Most work on a contingency fee basis, meaning they only get paid if they recover compensation for you. The fee percentage is typically 33-40% of the final settlement or court award. There are no upfront fees or costs. They will front litigation costs needed to prove your claim.
Can I handle a car accident claim myself without a lawyer?
You can try negotiating directly with insurers, but they have teams of adjusters and lawyers working against your interests. Without legal expertise and resources, you risk getting lowballed and accepting an inadequate settlement. Hiring a lawyer levels the playing field.
How long does it take to settle a car accident case?
The timeline varies widely depending on factors like injuries, number of vehicles and insurers involved, need to file a lawsuit, and congestion in the courts. Many straightforward claims settle in 2-6 months. Complex cases with major injuries can take 12-18 months or longer to fully resolve.
What if the car accident was partially my fault?
Even if you were partially at fault, you can likely still recover compensation. Most states follow comparative negligence rules that allow dividing responsibility between the drivers. Your settlement amount gets reduced by your percentage of fault. An attorney proves the other driver was more negligent.
