Auto Accident Legal Advice
If you’ve been injured in a car accident, you might be curious about how an attorney can assist you. In this article, we’ll discuss the advantages of hiring a car accident lawyer, including:
- Organizing and analyzing crucial evidence and records
- Access to a network of investigators and experts to bolster your case
- Negotiation skills to secure the best possible outcome for your car accident claim
What Will My Car Accident Attorney Do?
Apart from providing auto accident legal advice, the exact role of your lawyer will depend on the details and complexity of your car accident case. Generally, a car accident lawyer can:
Your Lawyer Will Communicate With the Other Driver’s Insurer
In any personal injury case, your lawyer will establish communication with the insurance adjuster for the other driver (or other involved parties). Since the adjuster controls the funds, your lawyer must maintain effective communication and a positive relationship with the adjuster.
Your Attorney Will Gather the Right Evidence of Car Accident Fault
A skilled lawyer can gather all the necessary evidence to prove liability in a car accident claim. Even if you’ve taken photographs of the accident scene, your lawyer will likely revisit the scene to gain firsthand perspective. While pictures are valuable, seeing the scene in person can provide even greater insight.
The lawyer will obtain all accident or police reports related to the case and often speak with the investigating officers and witnesses. A diligent lawyer will leave no stone unturned in securing evidence to establish car accident liability.
Establishing Your Car Accident Losses (“Damages”)
A competent lawyer is essential when you’ve suffered significant injuries in a car accident and need to document your compensable losses, known as “damages” in legal terms.
Obtaining Car Accident Medical Records
Securing all documentation related to your injuries is crucial, but obtaining these records from healthcare providers can be challenging. Despite your absolute right to access your records, providing them to patients and lawyers is often not a priority for healthcare providers.
Small doctor’s offices might lack the staff or time to respond promptly to medical record requests, while large hospitals may have specific, often poorly publicized, procedures that must be followed. Failing to adhere to these procedures means your request might go unanswered.
Even when providers do respond, the records can be incomplete. Lawyers’ secretaries or paralegals frequently need to request the same records multiple times and follow up extensively.
Ensuring Your Car Accident Medical Records Are Complete
Doctors’ notes may lack critical information on issues like causation, prognosis, and disability. To successfully pursue a personal injury claim, you need medical evidence proving:
- The exact nature of your injury, disability, or physical limitation
- That it was caused by the defendant’s negligence
Doctors often omit details about causation and the extent of injuries or disabilities in their records. If this happens, your lawyer will request a special letter from the doctor, asking them to provide an opinion that:
- The accident caused your injury or disability
- As a result of the accident, you will be limited or disabled for a specific period
Negotiating With Lien Holders
If you’ve received benefits from a health, disability, or workers’ compensation insurer, that insurer will have a lien on your claim. This means the lien holder gets paid before you do from any settlement or judgment you receive.
A skilled lawyer will work to reduce the lien amount, ensuring more money ends up in your pocket. This is crucial work, as every dollar less that the lien holder takes is an additional dollar for you. Learn more about healthcare provider liens on personal injury settlements.
Negotiating With Insurers/Defendants
Negotiating car accident settlements is a specialized skill, often considered an art. A personal injury lawyer is far more adept at settling a car accident case than a layperson. A proficient lawyer understands the case’s value and knows how to handle the case and negotiate effectively to achieve the best outcome for the client.
How to Find the Best Car Accident Attorney
When seeking a car accident lawyer, it’s often helpful to start by asking friends, family, and colleagues for recommendations. Conducting an online search is another good approach. Consider these factors:
- The attorney’s experience, particularly with personal injury and car accident cases
- Ratings from reliable online sources
- Additional information available online, such as memberships in organizations, awards, honors, and publications
- The proximity of the lawyer’s office to you and other practical considerations
Find a Car Crash Injury Lawyer near you here.
How Do Car Accident Lawyers Get Paid?
Car accident lawyers typically work on a “contingency fee” basis. This means they only get paid if you receive a settlement or win a court decision. The lawyer’s fee is an agreed-upon percentage of the amount you receive.
Deciding to Hire a Car Accident Attorney
Choosing whether to hire a car accident attorney is a decision that rests as much with you as with the attorney. You need to find someone you feel comfortable with and can trust to effectively represent your legal interests.
Consider these questions:
- Does the attorney have experience with car accident cases similar to yours?
- How much trial experience does the attorney have? While most car accident cases settle, having an attorney capable of taking your case to trial and winning is crucial for securing the best outcome.
- Who will handle your case? Some attorneys may give the impression they will handle everything, but often associates manage the day-to-day tasks, with the attorney stepping in for trials or settlement negotiations.
- What is the attorney’s fee structure, and who covers litigation costs? Most car accident attorneys work on a contingency fee basis, but you should get details on how and when case costs are deducted.
If you decide to hire an attorney, you’ll need to sign a fee agreement or representation agreement, formally establishing the attorney as your legal representative. You may also need to sign other documents, such as medical releases, to allow your attorney to access your treatment records.
What If the Attorney Doesn’t Take My Car Accident Case?
If an attorney declines your case, it doesn’t necessarily mean it’s weak. Attorneys turn down cases for various reasons, including workload and the potential lack of resources to invest in your particular case at that time.
Questions to Ask Personal Injury Attorney About Your Accident Case
When consulting a personal injury lawyer about your car accident case, here are some important questions to consider. This list isn’t exhaustive but covers key questions to ask a personal injury attorney.
- What Will My Legal Representation Cost?
This is one of the most important questions to ask a lawyer about your car accident. Understanding the financial aspects of your case is crucial. Ask about the lawyer’s fee structure, particularly whether they operate on a contingency basis where fees are contingent upon winning your case. This arrangement typically means no upfront costs for you.
- What Potential Compensation Can I Expect?
While predicting exact compensation can be complex, it’s essential to discuss potential outcomes. Your lawyer will assess factors like the severity of injuries and liability to estimate possible compensation, which forms the basis for your claim. This is another important question to ask your lawyer about your car accident.
- How Long Will My Case Take to Resolve?
Knowing the timeframe helps manage expectations. Your lawyer will outline the stages of litigation, potential negotiations, and factors influencing case duration, such as settlement talks or court proceedings.
- How Should I Interact with Insurance Companies and Adjusters?
Navigating insurance processes can be daunting. Your lawyer will advise on communicating effectively with insurers or whether they should handle all correspondence on your behalf to protect your case’s integrity.
- What Experience Do You Have with Similar Cases?
Experience matters in handling personal injury and car accident cases. Inquire about the lawyer’s track record and familiarity with cases similar to yours to gauge their suitability for your legal needs.
- What Strategy Do You Propose for My Case?
Understanding the legal approach is vital. Discuss strategies for negotiation, litigation, or alternative dispute resolution methods like mediation. Clear communication ensures alignment in achieving your objectives.
- Can My Case Be Resolved Through Alternative Methods Outside of Court?
Explore options beyond traditional litigation. Ask about alternative dispute resolutions such as mediation or arbitration, and their potential benefits for achieving a favorable outcome efficiently.
- What Documentation and Evidence Will You Need from Me?
Effective representation relies on comprehensive evidence. Clarify what documents, records, and evidence are necessary for building a robust case. Regular updates and cooperation ensure your lawyer can advocate effectively on your behalf.
These questions will help you gain clarity on your legal options and ensure you’re well-prepared to navigate your car accident claim with confidence.
When Can I Handle a Car Accident Claim Myself?
If your injuries are minor, you feel comfortable gathering evidence and documents, and you’re prepared to negotiate a settlement, you can handle your car accident claim independently. However, the assistance of a skilled legal professional is invaluable.
If you choose to manage your car accident claim alone, expect some challenges along the way. It’s wise to consult with a lawyer if you encounter obstacles such as:
- The insurance company disputes its insured driver’s fault for the accident
- There is a denial of coverage for your claim
- Settlement offers are far below your assessment of the claim’s value
- The insurer appears unresponsive or dismissive of your claim
Conclusion
While this article has provided a strong foundation for understanding how car accident lawyers can support your claim, navigating the legalities after an accident can be overwhelming. Especially for busy law firms handling multiple cases, the sheer volume of paperwork, medical records, and witness testimonies can quickly become a burden. Legal Consulting Pro offers a variety of services specifically designed to streamline the process for accident lawyers. Our medical chronology service can organize and summarize complex medical records, allowing attorneys to focus on building a strong case. Additionally, our legal document review and data entry services can free up valuable time for lawyers and paralegals, ensuring efficient case management and a smoother client experience.
