How a Car Accident Lawyer Can Help Your Personal Injury Case
Understand what a car accident lawyer does to help their client's case
By Kimberly Lekman, Esq. | Reviewed by Canaan Suitt, J.D. | Last updated on May 24, 2024Use these links to jump to different sections:
- 1. A Lawyer Can Tell You if You Have a Worthwhile Car Accident Claim
- 2. A Lawyer Will Gather Evidence for Your Case
- 3. A Lawyer Will Negotiate a Favorable Car Accident Settlement
- 4. A Lawyer Will Take Your Case to Trial if Needed
- Find Experienced Legal Help
A car accident lawyer specializes in helping car accident victims recover financially through personal injury claims. If you or a loved one has been injured in a motor vehicle accident that was not your fault, an experienced lawyer can assess the details of your crash and tell you if you have a solid legal claim. They can then gather evidence, build a personal injury case, and guide you through the claims process.
If you have doubts about whether it’s worth hiring a car accident lawyer, the following overview will help you understand how an experienced lawyer can help your case.
1. A Lawyer Can Tell You if You Have a Worthwhile Car Accident Claim
After a car accident, you may be unsure if you have a strong enough case to take legal action. Personal injury attorneys typically offer a free case evaluation to help you decide whether to sue. At this free consultation, you will explain your accident to the attorney, who will ask follow-up questions and offer legal advice on whether you have a valid claim.
An experienced car accident lawyer will know how to handle auto insurance companies and the specific fact patterns associated with car crashes. They will also know your state’s statute of limitations for car accident claims, ensuring you don’t miss any legal deadlines going forward.
What About Attorney’s Fees?
If the cost of legal representation is a concern, you’ll be happy to hear that most personal injury lawyers offer a free consultation and accept payment on a contingency fee basis. With contingency fees, the lawyer collects a percentage of your settlement or verdict instead of charging an hourly rate. So, there are no upfront costs. And for many car accident victims, it’s reassuring to know that their attorney has a stake in the outcome of their case. Before you commit to an attorney, it’s wise to ask them about their fee arrangement.
2. A Lawyer Will Gather Evidence for Your Case
After a car accident, your lawyer will gather as much evidence as they can. To understand what happened, your lawyer will start by asking you about the crash. They will then collect evidence from a variety of sources, including:
Medical Records and Medical Bills
After suffering a car accident, you may accumulate significant bills for medical treatment. Your attorney will want a record of these bills and your medical record. These documents provide evidence of the injuries you suffered due to the car accident.
Medical records can take a long time to gather, depending on the medical provider. Your attorney’s law firm staff might need to make multiple requests before the medical provider responds. Meanwhile, you can focus your attention on recovering from the accident.
Police Reports
When the police arrive at the accident scene, they will first make sure everyone is safe. Then, they may need to redirect traffic, take photos, and possibly give citations. Before they leave, they will create a police report that includes details about the parties involved in the accident, the time and location, and a description of physical injuries.
The report will also likely include a statement on what they believe caused the crash. Your attorney can use this document to determine who caused the collision. On the other hand, if your attorney believes the police report is incorrect based on other evidence, they can contest its findings.
Accident Scene Reconstruction
In an accident scene reconstruction, experts look at vehicle damage, skid patterns, and other evidence to recreate the accident. Your car accident lawyer might determine that an accident scene reconstruction is necessary if there is insufficient evidence to prove a key element in your case. For example, if you and the other party have different opinions about the speed you were going, accident reconstruction can help establish this fact more conclusively.
Photo and Video Footage of the Accident
Photos are valuable evidence in car crash cases because they illustrate the positioning of the vehicles, the weather, the time of day, and other environmental conditions. Further, they can provide visual evidence of the property damage you incurred. Additionally, many major roadways have traffic cameras at regular intervals. If a video camera captured your accident, your attorney could request this footage to illustrate the sequence of events that led to the collision.
Eye Witness Statements
If bystanders were at the accident scene, your lawyer will talk to them and get their statements about what they saw.
3. A Lawyer Will Negotiate a Favorable Car Accident Settlement
After your auto accident attorney has gathered evidence pertaining to your accident, they will use this information to build your case. They will calculate your damages once they have determined who was at fault for the collision, including past and future medical expenses, lost wages, and property damage. Your lawyer will strive to get fair compensation from the at-fault driver if you have serious injuries or costly property damage.
Drawing on their experience, your attorney can reject low-ball injury settlement offers from the insurance adjusters and present counteroffers. The negotiation process will probably go back and forth a few times before you and the at-fault party agree on a fair settlement. Most car accident cases end this way, but in special circumstances, your attorney may recommend that you go to trial.
If the other driver’s insurance company asks you for a statement during the negotiation process, it’s wise to redirect them to your attorney. By seeking help from your attorney, you can avoid accidentally assuming responsibility for an accident that was not your fault. If you mistakenly say anything incriminating, the insurance company might try to use your misstatement to lower your payout.
4. A Lawyer Will Take Your Case to Trial if Needed
The vast majority of car accident victims resolve their claims outside of the courtroom. However, your attorney will be prepared to go to trial if settlement negotiations break down. If you decide to go forward with a car accident lawsuit, this is where your legal representation will be essential.
The other party’s insurance company will have skilled lawyers on their side. An experienced car accident attorney will know how to argue against the insurer’s lawyers on your behalf. Although going to trial is a stressful experience, having a trusted auto accident lawyer by your side can ease your mind.
Find Experienced Legal Help
It’s best to consult with a car accident attorney as soon as possible following car accident injuries. Getting legal advice early will avoid unnecessary time and effort on your part, ensure you don’t miss key deadlines, and protect your legal right to fair compensation. Visit the Super Lawyers directory to find an experienced car accident lawyer in your area.
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