Few events generate as much confusion, tension, and anxiety as a car accident. So much happens in the moments and days after the collision, and in the midst of it all, you must make important decisions that will affect you for years to come.
What you do at the scene of a Car Accident Attorney and in the following days can significantly affect your ability to receive compensation for your losses.
The good news is that if your car accident was caused by the negligence of another party, you don’t have to bear the burden of these costs. A car accident lawyer can explain your legal rights as well as your recovery options. Let’s see how and when to hire a car accident lawyer for your personal injury.
After a car accident, an experienced personal injury attorney can be extremely helpful in navigating the often hectic and complex world of insurance claims and damage settlement. Here’s what you should know:
- Most personal injury lawyers work on a contingency fee basis, which means they only get paid if your claim is successful.
- The lawyer has the deep legal knowledge, and the ability to write the best case and will comfort you in the trenches of negotiations when it comes time to fight for the best result.
- Filing a car accident claim on your own can be risky unless your injuries are modest and the opposing party pleads not at fault.
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What will my Car Accident Attorney Lawyer do?
While the circumstances and complexity of your car accident case may vary, in general, a lawyer can:
- Talk to the other driver’s insurance company
- Get the necessary evidence of the fault of the accident
- Understand your medical records and expenses.
- Contact your healthcare providers for missing records.
- Work with your doctors to make sure they provide you with the medical information you need to support your claim for damages.
- Organize and present facts to establish liability and damages
- Negotiate with your claim’s bondholders (for example, health, disability, or workers’ compensation insurers) to potentially reduce the amount of these bonds, and
- Negotiate an acceptable deal with an insurance agent or defense attorney.
Let’s take a closer look at some of these questions.
Communication with the other driver’s insurer
In each personal injury case, your attorney will initiate contact with the opposing party’s (or parties) insurance agent. Since the adjuster controls the financial flow, it is vital for the plaintiff’s attorney to have open lines of communication and a positive working relationship with the adjuster.
Obtaining the Necessary Evidence of Responsibility
A qualified attorney can assist you in obtaining all the evidence you need to prove liability in a traffic accident lawsuit. While you may have taken pictures of the scene of the car accident, your attorney will most likely be back to see what it looks like. While a picture is worth a thousand words, personal observation of the situation is worth a thousand pictures.
The lawyer will make sure you get all the accident or police reports on the case, and he or she will often talk to police investigators and witnesses. When it comes to obtaining proof of liability, a good lawyer will leave no stone unturned. Learn more about proving fault in an accident.
Obtaining the Necessary Evidence of Damage
This is where a good lawyer comes in handy, especially if you have been seriously injured in a car accident.
It is important to obtain any documentation related to your injury, but obtaining such records and bills from healthcare providers can be difficult. Although the records technically belong to you and you have a legal right to them, sending medical records to patients and lawyers is not the health care provider’s top priority.
Smaller doctor’s offices may not have enough staff or time to respond to requests for medical records in a timely manner. To respond to requests for medical records, large hospitals may have specific procedures that must be followed. If you don’t follow their procedures, they simply won’t respond to your request.
Finally, it is possible that the physician did not use “keywords” in his notes on etiology, prognosis, and disability. To effectively prosecute any form of personal injury claim, you must be able to demonstrate with medical evidence:
The nature of your injury, disability, or physical limitation, and
That it was the result of the defendant’s negligence
Physicians often do not include information about the cause and extent of an injury or disability in their medical records. If this happens in your case, your lawyer will contact the doctor and request a special letter in which the doctor states that the car accident resulted in your injury or disability and that you will be hampered or disabled by the accident for a set amount.
Do I Need to Hire a Lawyer After an Accident?
Yes, especially after a car accident that resulted in injuries. Examples of such injuries are broken bones, severe deformity, and limited use of a body part or organ, limited use of a bodily function or system, or injury resulting in disability.
Such injuries resulting from car accidents are compensable and can be corrected with the assistance of a personal injury lawyer. An expert lawyer will go through an often convoluted claims process to ensure that the compensation you receive is proportionate to the damage you have suffered.
Don’t Hire a Car Accident Lawyer
It would be remiss if we didn’t suggest another factor to consider when considering when to hire a lawyer after a car accident: waiting for costs money, possibly a lot of money. When a lawyer takes on a case, the evidence is less “fresh” and the investigation into how, who, and how much becomes more complex. Watch the memories disappear. The first responders moved on. Cleaned up after an accident.
In summary, over time, the upper limit on the amount of money an accident victim can hope to receive is gradually reduced.
In addition, there is a “statute of limitations”, which is a law that sets the time during which an accident victim can file a lawsuit in the Florida courts. If you miss this date, you will lose all statutory rights to a refund. Most auto accident cases in Florida must be filed no later than four years after the accident, and no later than two years if the victim died in the crash. In other words, if you wait too long after a car accident to hire a qualified car accident lawyer, your claim will be futile.
A car accident lawyer can make sure you don’t miss deadlines and is well aware of how time can be of the essence in a car accident claim. Getting your case into the hands of an accident lawyer as soon as possible can also give your legal team more time to get ahead of the game.
Q: Why should you Call a Car Accident Attorney?
If you have been in a car accident and sustained injuries as a result of the accident, you should seek legal help. Your lawyer can advise you on the best course of action for your circumstances and what you are entitled to.
Q: What is the average settlement at a car accident?
The average settlement for a minor traffic injury claim in NSW is likely to be much less than the $43,174 average settlement for all NSW claims.
Q: What is the average attorney’s fee?
Costs for new attorneys start at $100 an hour, but the usual fees for an expert lawyer handling a complex case can exceed $225 an hour or more.
Q: How much do lawyers charge for a settlement?
Most contingency agreements give the lawyer a percentage of 33 to 40%, but you can always try to negotiate a lower percentage or an alternative agreement. In most cases, a personal injury attorney takes 33% (or one-third) of any settlement or award.