A car accident is one of the most horrifying experience that a person may have the misfortune of going through. The accident takes a little more than a second but the victim leaves with a stench of confusion and misery, one that persists for a very long time. You need someone to help you through the long legal process but whom? Your friends and family will support you but you need some professional help in this dilemma. Your best friend in this dilemma is going to be a car injury lawyer.
The questions pop right after you come to your senses and many of those questions inspire a new level of confusion. What is next? Who will pay for the damage? What about my injuries? Will I be able to work? How will I manage all this on my own?
The last question is the one you should concern yourself with. Once you have your faculties in order, you should look for a car injury attorney to plan the next step. Of course, you can go at it alone but dealing with defense attorneys and insurance companies can be daunting. Therefore, a car defense attorney who deals with them daily will be your best friend in this endeavor. Now that we have established that, read on for further details about the applicable laws and the costs.
What Does a Car Injury lawyer Do?
The basics of the laws in question are quite simple. You, and your attorney, will have to prove that due to the negligence of someone else, you were met with a tragic accident. That is the basic fact that a victim will have to prove in court.
The layman’s reasoning goes something like this. If you are not at fault at all, then why should you bear the burden of financial costs? The one who is responsible for the incident has to pay the costs, whatever they may be. With respect to legal terminology, you were owed a duty of care by the defendant. The defendant then breached said duty of care and did not take reasonable care to prevent the accident. Therefore, due to this breach, the plaintiff suffered an injury and is entitled to compensation.
That is the basis on which the law of negligence operates. Your lawyer will work towards proving that you deserve compensation as the accident was not your fault. In furtherance of this objective, your car injury lawyer will help you out in the following ways.
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- Your attorney will investigate the details of your accident, down to the most minute detail. They may also call upon third party consultants for their expert opinions.
- They will gather all relevant information for the claim to succeed. These documents would include pictures, any videos, witnesses statements, and particulars of damages suffered.
- They will assess the damages and costs you have suffered in the accident. These include medical costs, vehicle repair costs, wages lost due to the accident and the physical pain and mental agony.
- After going through the investigation and upon acquiring the necessary documents, your attorney will proceed to the next step, which is to file a personal injury claim with the opposing insurance company.
- Your car injury lawyer will then negotiate for a settlement, keeping all the expenses in mind.
What if the Insurance Company Rejects My Claim?
Thankfully, most car accident cases are settled before they proceed towards trial in court contrary to what some lawyer movies will have you believe. Insurance companies often know better than to get on the bad side of an attorney. Therefore, it is highly likely that the insurance company will compensate you to the full extent of the damages suffered. However, some insurance companies do tend to lowball the victim and refuse to negotiate a substantial settlement.
This is the part where your car injury attorney will lawyer up and take the matter to court. This might sound a bit intimidating but worry not as this is where your car injury lawyer shines the most. Your appointed attorney will represent you in court and will work towards getting you your rightful compensation. Just be sure to stand by your car injury lawyer and sooner or later you will get your rightful compensation.
What are the Costs of a Car Injury lawyer?
Hiring a car injury lawyer is as easy as hiring any other attorney to represent you in court. There are many qualified car injury lawyers across the states and a simple meeting is more than enough to find an attorney who is right for you.
As for the costs, most attorneys do not charge you upfront and will only charge in the event that your claim for damages is successful. The exact percentage ranges from 25% to 40% of the settlement but the figure varies from one attorney to another. Your designated attorney will inform you of the percentage beforehand and the figure will be mutually agreed upon.
General Information and Advice
- Do not run away from the scene of the accident as you will be labeled an absconder and might be charged for a ‘hit-and-run’ crime.
- Do not tell half-truths or lies to your attorney. A small lie can go a long way in wrecking your case so be truthful throughout the whole process.
- Do not speak too much as whatever you say will and can be used against you. You hired an attorney for a reason so let them talk and only speak when you are asked to.
- Gather evidence on your own. Snap the photos of the scene with your cell phone and do your part. Your car injury attorney will do the bulk but do your part to help your lawyer establish the claim.
- Be patient. In the event that the matter gets taken to court, do exercise patience. Legal proceedings can take a while but in due time, most truthful claims are accepted.
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In Conclusion
We hope that no one ever has the misfortune of getting into a car accident. The ordeal is brutal and not something I would wish upon anyone. However, the roads are unpredictable and as a citizen, you should know your rights and when to exercise them. Victims are deserving of compensation and they should be given said compensation.
Have a safe drive and be careful on the road!
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