Most Americans rely on a car to live their daily lives and get from place to place. Unfortunately, more than 2 million people go to the ER annually from car accident injuries. As they deal with their injuries, they may speak to car accident lawyers to help them. Car accident lawyers can be invaluable when another party causes a car accident that injures you.
Below, learn how an auto accident lawyer may assist you if you have auto accident injuries. Then, speak to a car accident attorney to learn if you have a case.
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Table of Contents
What Is a Car Accident Lawyer?
A car accident lawyer can obtain compensation if another driver injured you in an accident, including for medical bills, lost income, pain and suffering, and more.
Your auto accident attorney may assist with filing a personal injury claim or lawsuit against the liable party if negligence can be proven. The attorney will attempt to prove another party’s negligence injured you by following these steps:
- The other driver was supposed to show you a duty of care, including obeying the law and not endangering others on the road.
- The driver violated their duty of care by, for example, running a stop sign and hitting your vehicle.
- The auto accident caused your injuries, such as a broken arm and leg.
- You have damages, such as $10,000 in medical bills and $4,000 in lost earnings.
Your auto accident attorney will usually attempt to settle with the at-fault driver’s insurance company. Most insurance companies will rather settle a case than go to court, and most personal injury claims are resolved with a settlement. However, a seasoned auto accident attorney will file a lawsuit and go to court if needed. That said, most car accident claims are settled out of court. On a national average, only 4-5 percent of personal injury claims go to trial; of those, about 50 percent are successful. Thus, it’s usually in the client’s best interest to have their car accident attorney negotiate the best settlement instead of going to trial.
What Does a Car Accident Attorney Do?
A car accident attorney does several critical tasks. They aim to obtain the most compensation for your claim or lawsuit:
Assess Your Claim
First, an auto accident attorney will review your case for free. They must review your accident and damages to determine if the case can lead to compensation. During the consultation, the attorney will ask about how the accident happened, who you think caused it, and what your damages are. If the attorney believes a case exists, they will proceed to the next step.
Collect Evidence
Next, a car accident lawyer will gather evidence of the accident and your injuries. For example, the personal injury lawyer will review eyewitness statements, the police report, surveillance video, pictures and videos of the accident scene, vehicle damages, tire marks, and more to determine if another driver caused the accident.
Determine Accident Liability
Your case largely hinges on proving that another driver or entity caused the collision. Other drivers cause most accidents, but other potentially liable parties exist depending on the case. For example, an employer can be partially liable for their employee’s actions in the accident if they worked when the crash happened.
Vehicle manufacturers, government entities, and vehicle maintenance workers are other possible liable parties for car accidents.
Investigate The Car Accident
Next, the auto accident attorney will investigate the crash and document liability with the evidence. It may involve:
- Accident reconstruction experts showing how the crash happened. It is often a critical part of the case to prove liability. Your auto accident attorney should have accident reconstruction experts available to prove how your crash occurred. The attorney will usually front the cost of hiring experts for your case, which you pay back at the end of the case with part of your settlement.
- Pinpointing accident contributing factors: Many factors could have caused a car accident, such as a driver breaking the law, mechanical failures, poor weather, road design flaws, etc. Your attorney will investigate all potential factors and show how the accident happened.
Get You The Medical Help You Need
Helping you obtain compensation after a car accident means providing support during the healing process. Auto accident attorneys often work with local doctors and medical experts during the injury claim process. They may have access to physicians who specialize in your types of injuries. Common car accident injuries include:
- Internal bleeding
- Head injuries
- Spinal cord injuries
- Broken bones
- Brain injuries
- Whiplash
- Contusions and bruising
A car accident attorney may help you receive medical care during the claim with a doctor in their network and be paid later. It is done by setting up a medical lien on your settlement. It is vital because the arrangement allows you to receive care without paying when you are least able to.
Calculate Your Damages
After proving liability, your auto accident lawyers will determine the extent of your damages. Your lawyer can calculate past, current, and future expenses for fair compensation. Compensation can cover:
- Medical bills include the ER, ambulance, hospitalization and surgery, rehabilitation, and future medical costs. An experienced attorney will wait until you have healed as much as possible before starting settlement negotiations. It’s critical to understand what your future medical needs are before settling the case.
- Lost earnings, which can include income from the past, present, and future. Severe injuries may necessitate months or years of care and treatment. Your auto accident lawyer will work with your doctors and other medical experts to understand the severity of your injuries and the care you will need in the future. They may need to wait to settle your case until you have attained maximum medical improvement or MMI. Settling a claim before your injuries are fully understood can be a mistake because you can get less money than you need.
- Pain and suffering, which can include physical discomfort as well as mental and emotional trauma. These damages are more challenging to calculate and are open to negotiation and interpretation. Your auto accident lawyer may use recent settlements and verdicts in your community with similar injuries to argue for a certain amount of compensation.
Negotiate A Settlement Or Go To Trial
Negotiation with insurance companies is a central part of most car accident cases. Most claims are settled and not litigated in court. Auto accident attorneys know when a settlement offer is the best they can get and will encourage you to accept it without going to court. Insurance adjusters are also more likely to offer fair settlement offers to a seasoned attorney than you.
Your case can go to trial if your attorney thinks you have a high chance of winning and getting more money. It takes an experienced auto accident attorney to negotiate a fair settlement and to decide when to quit, when ahead, or take the risk in a court trial.
No Upfront Legal Fees
Many auto accident victims cannot work and may be short on cash. It’s understandable to worry about being able to pay an attorney. Fortunately, car accident attorneys don’t charge upfront legal fees and are paid on a contingency agreement.
This means that your attorney will take part of your settlement or jury award as payment at the end of the case. Before having them represent you, you should understand your auto accident attorney’s contingency agreement fee.
Remember that most auto accident victims receive more money with their attorney’s help than they can. So, paying a contingency fee to a personal injury attorney is acceptable because they still receive more money for their losses than they would have by negotiating their settlement.
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Critical Questions To Ask A Car Accident Lawyer
Before interviewing a car accident attorney, collecting as much information about your accident as possible is important. You should obtain eyewitness contact information, medical reports, police reports, videos and pictures of the accident scene, etc. While someone with a severe injury isn’t obligated to collect this information, having as much proof as possible before talking to a lawyer will make your initial consultation more productive.
Here are several questions to ask your potential car accident attorney before hiring them to represent you:
- How much are you paid for your services, and when? Personal injury attorneys are usually paid by contingency agreement, and you should know how much they charge at the end of the case. It’s also important to know whether the attorney pays for case expenses upfront and is reimbursed at the end of the case. For example, your attorney may hire medical and accident reconstruction experts to provide testimony. Those experts charge hundreds per hour; you should understand how they will be compensated.
- What successes have you had with auto accident claims like mine? Hiring a successful attorney who has won sizeable settlements and jury awards in cases like yours is critical. Ask them about recent settlements and verdicts in auto accident claims with similar injuries.
- How much time will you spend on my auto accident claim? Most skilled auto accident attorneys are busy, but you should hire an attorney with enough time to handle your case. Your claim can be handled by a junior attorney, which is ok, but you should be aware of it before hiring anyone.
- Does your law firm handle only personal injury claims? Retaining an attorney who focuses primarily on personal injury law and auto accidents is usually preferable. Attorneys handling various cases may need more experience and skills in a problematic auto accident lawsuit.
The answers to these questions will help determine whether an auto accident attorney is a good fit for you. Before deciding, speak to at least two or three personal injury attorneys.
When Should You Call A Car Accident Attorney?
It’s always best to speak to an auto accident attorney after being hit by another driver. Even a minor fender bender can cause injuries you didn’t initially realize. That said, there are several scenarios when you should always retain an attorney:
- The at-fault driver’s insurance company offers a settlement that won’t cover your medical bills and lost income. Insurance adjusters know that most injury victims don’t understand the full value of their claims. They may offer a fraction of what your case is worth.
- You have serious injuries from the accident. What is a serious injury? Anything that requires ongoing medical care is a serious injury. Did you need to stay in the hospital, have surgery, or visit the doctor several times? You should always hire a car accident attorney in these cases.
- The at-fault insurance company won’t pay your claim or seriously undervalues it. For example, the insurance company may only offer to pay your current medical bills when you need several months of care. Or, you may not know your future medical needs, and the insurance company only offers a few thousand dollars.
- You are asked to provide a recorded statement or medical records to the at-fault insurance company. The adjuster will likely use a recorded statement to undermine your claim, and a review of your medical records can lead the company to attribute your injury to a preexisting injury.
Talk To A Car Accident Lawyer Today
One of the worst things that happens to many people is being severely injured in a car accident. Don’t consider negotiating a settlement with the insurance company when another person injures you. Insurance adjusters for the liable driver aren’t your friends. They will try to pay less than you deserve and may even deny your claim outright. Instead, speak to a car accident attorney in your community today in a free consultation. A car accident attorney will review your claim and quickly determine the value of your case.