chances of a successful car accident claim when using an attorney

If you have damages, can prove that the other driver is liable, and retain an experienced attorney, your chances of winning your car accident claim are good. Remember, statistically speaking, 95 percent of personal injury claims settle out of court, and 57 percent of car accident cases that go to trial are decided in favor of the plaintiff.

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What are my chances of winning my car accident claim?

Oct 26, 2020 · If you have damages, can prove that the other driver is liable, and retain an experienced attorney, your chances of winning your car accident claim are good. Remember, statistically speaking, 95...

How much is my car accident case worth?

Dec 09, 2021 · Filing a successful car accident claim involves attention to detail. Several details need to be documented, from medical records and expenses to your car repair bills and missed time from work. A personal injury attorney can gather all paperwork and medical information needed to build a strong case.

What percentage of car accident cases settle out of court?

Mar 16, 2018 · If a rental car is involved in the accident, the rental company’s insurance will come into play. Contact a Car Accident Lawyer. When you decide to file a claim to compensate your damages, the first thing you should do is get in touch with a reputed car accident attorney. Insurance is a complicated domain.

Do attorneys get paid more for auto accident cases?

Sep 15, 2020 · Complex car crashes may require accident reconstruction and expert witnesses to support your claim. Personal injury lawyers can help collect all the necessary evidence as well as represent you in court. It is important to know the exact situations when you need an attorney after a car accident. A personal injury attorney can help gather ...

What can a personal injury lawyer do?

A knowledgeable personal injury attorney can assist you in a number of ways after a serious accident caused by another driver. Many accident victims are eligible to receive compensation from the at-fault driver’s insurance company. This can help cover damages for pain and suffering, medical expenses, lost income, and other accident-related expenses. However, their insurer may not offer you the full value of your claim unless they see that you are serious about pursuing it. While your settlement depends on the specifics of your case, a lawyer can usually do the following on your behalf:

What is needed to file a car accident claim?

Several details need to be documented, from medical records and expenses to your car repair bills and missed time from work. A personal injury attorney can gather all paperwork and medical information needed to build a strong case. A good lawyer also can help obtain all of the evidence that you will need to prove liability in a car accident claim, including speaking with police officers and witnesses.

What happens after you file a claim?

After you’ve filed a claim, you’ll enter settlement negotiations with the other party’s insurance company. Having an attorney present during these talks shows the insurance company that you mean business and are not afraid to demand what is fair. A good lawyer knows how much the case is worth and knows how to work the case and conduct the negotiations so as to get top dollar from the insurer.

Did You Suffer Serious Injuries After the Accident?

Not all injuries will need the services of a car accident attorney. If the accident is minor and you can manage to juggle the claims process, you can opt to settle the case alone. However, it is essential to hire a personal injury lawyer for any serious injuries caused.

Do You Believe Another Party Is Responsible for Your Injuries?

A report by the National Highway Traffic Safety Administration shows 21% of accidents causing injuries, while 16% of fatal crashes involve distracted driving. If you believe that the negligence and inattention of another person resulted in the accident, it may be time to bring in your attorney.

Is the Insurance Company Contacting You?

It is vital to remember that insurance firms also have their battery of lawyers and adjusters ready to start investigating your claim right away. The adjusters and claim representative may want to speak to you regarding the accident, record statements, and access your medical files.

Is the Insurance Firm Refusing to Pay (Or Offering Extremely Low Compensation)?

Another situation when you need an attorney is when the insurer is disputing your claim. Insurance companies may sometimes resort to dirty tricks to avoid paying out the claims. This may involve unreasonable delays or blatant refusal to pay. Some may quote an unreasonably low compensation, trying to low-ball you to a settlement.

Are You Comfortable With the Settlement Process?

Navigating through the claim filing process alone can be overwhelming. You may need a deeper understanding of the various statutory and case laws regarding your claim. Some personal injury cases are complex and may end up in the courts. Complex car crashes may require accident reconstruction and expert witnesses to support your claim.

What is a civil lawsuit?

Lawsuits seeking compensation for car accident injuries are civil lawsuits, also known as personal injury or tort cases . Civil lawsuits generally follow a similar path toward a conclusion, as they all start with the filing of a complaint with the local civil court. For example, if your accident happened in Houston, your complaint would get filed in the Harris County District Court. Your attorney should know the proper court where you should file your case, which is an important detail.

Do car accidents go to trial?

Even though not many car accident lawsuits reach the trial stage, there is always a chance that your case will make it into the courtroom. You want to make sure your attorney has extensive courtroom experience in case this happens.

What happens if you survive a motion to dismiss?

If you survive the motion to dismiss, the judge will then set a future date for a trial. Personal injury cases are usually scheduled around other types of civil cases, so you shouldn’t be surprised if your trial date is further in the future than you would’ve imagined.

What happens if mediation is unsuccessful?

If mediation is unsuccessful, your case will then move to the discovery phase. Discovery is the period when lawyers from each side investigate the facts and obtain additional evidence. It may involve interviewing witnesses and examining documents, among many other things. Both sides must share with the other all information gathered during discovery and must act in accordance with strict and complex rules of civil procedure that govern discovery.

What is summary judgment in a car accident?

If you and your car accident attorney think that the evidence gathered during discovery supports your claims for compensation from the other driver, your lawyer may file a motion for summary judgment. Such a motion requests that the judge decides the outcome of the case without hearings or a trial. Your attorney should support the motion with accompanying evidence and applicable legal theories. If the judge grants the motion, there will be no dispute over the facts alleged in the case. A denial of the motion means the judge believes a trial is needed to resolve disputed facts.

What is the liability determination?

Liability determinations depend on the facts of the accident and also state laws regarding comparative fault and strict liability. You should always speak with a lawyer right away if fault for your accident is not completely straightforward.

How to delay a claim?

Offer you much less than your claim is worth and make it seem like this is your only option. Delay your claim so long that you are willing to accept any amount just to get a check in your hand. Repeatedly request excessive documentation and evidence. Deny your claim outright without a reasonable explanation.

Should I hire a lawyer after a car accident?

Posted on June 21, 2019 by Stewart Guss. After a car accident, you may go back and forth many times about whether to hire a car accident lawyer. While you may not know how the legal process works, you might want to try to figure things out on your own rather than pay an attorney for their services. However, there is a reason ...

How many people died in traffic crashes in Texas in one year?

While a serious accident can alter your life, some accident victims aren’t fortunate enough to survive the crash. In one year in Texas, 3,721 persons died in traffic crashes, and more than 34,400 died across the United States. The tragic reality is that you can lose a loved one in a crash anytime they are on the road.

Do you have to have a lawyer for a car accident?

Circumstances That Warrant an Attorney. You are never required to have the representation of a car accident lawyer, however, sometimes it makes a LOT of sense to do so. Whether you are filing an insurance claim or a personal injury lawsuit, you always have the right to represent yourself. However, this is NOT always the wise thing to do.

Is it clear that the other driver was at fault for a crash?

Sometimes, fault for a crash is cut and dry. For example, if you are sitting in a legally parked car and another driver backs directly into your vehicle, it is pretty obvious that the other driver was at fault, since you weren’t even driving! Liability is not always that clear, however—in fact, it is often a complex determination.

Can you take aspirin for a minor injury?

If you suffered relatively minor and straightforward injuries, you may have just taken some aspirin for a few days and got right back to normal. An insurance claim should be pretty simple in this situation, and you may want to try to handle the claim yourself (and call a lawyer if it gets complicated, as noted above).

Why do plaintiffs get paid?

Because most plaintiff's attorneys get paid through a contingency fee agreement, the sooner a case settles , the sooner the plaintiff's attorney gets paid. All else being equal, a quicker settlement payment is more profitable for the plaintiff's attorney. This is because the longer a case goes on, the more time and work the plaintiff's attorney must put into the case, with no guarantee of an increased settlement offer.

What would happen if every case went to trial?

If every single case went to trial, the attorneys would simply be unable to fully prepare for and try every case. This is similar to the criminal justice system, where plea bargaining is common. Without plea bargaining, there wouldn't be enough prosecutors to take each case to trial.

How many personal injury cases settle before trial?

Depending on the study, statistics show that about 95% of personal injury lawsuits will reach a settlement before trial, and since a significant number of personal injury cases arise from car accidents, those numbers hold true for car accident lawsuits as well. So, why do most car accident cases settle?

Do insurance companies settle car accidents?

Insurance Companies Want to Settle. Even though the plaintiff is suing another driver in most car accident cases, it's very rare for the defendant him/herself to pay out any judgment if the plaintiff wins. Rather, it's the defendant's car insurance company that pays, and it's in the interest of the insurance company to resolve a car accident claim ...

How to Take Good Car Accident Photographs

The first priority after an accident is to call 911 for help. Tell the dispatcher if you or anyone else is hurt, if there are dangers at the scene like leaking fuel or overturned cars, or if there are traffic problems.

Protecting Your Claim After the Crash

If you weren’t taken directly to the hospital from the accident scene, you must seek medical attention as soon as possible.

Why Accident Scene Photos Are Important

Police officers may take a few photos after the accident, but not until they have secured the scene, arranged for emergency care, and talked to the drivers. In busy metropolitan areas, the police may only take pictures at the scene of the accident when fatalities occurred.

What happens if you get in an automobile accident in Louisiana?

If you are involved in an automobile accident in Louisiana, chances are your car will have been damaged and may need to be repaired or replaced. You may have suffered some level of bodily injury also . While the services of an experienced car accident attorney will often be necessary to help handle a bodily injury claim, handling a property damage claim is something that you may be able to do yourself without having to pay a lawyer to help you.

How long does it take to pay a bad faith claim in Louisiana?

Under Louisiana law, an insurance company can be subject to severe penalties for bad faith if it fails to make an offer and/or pay an undisputed claim within thirty days of the proof of property loss.

Can you file a claim with your own insurance?

If you have collision coverage on your vehicle, in addition to contacting the at-fault driver’s insurance company , you should strongly consider contacting your own insurance agent to file a claim. The reason for this is simple: your own insurer is likely to pay your claim and repair your vehicle faster than the other driver’s company. One downfall to this is that you will probably have to pay a deductible although you should eventually be reimbursed by the other driver’s insurer.

What to do when handling a property damage claim?

When handling your property damage claim, remember, you are in a negotiation with the insurance company. It is their goal to pay you as little as possible to settle your claim. Because of this, be sure your numbers are well researched, and do not accept less than you should.

Does insurance pay for towing?

If you have towing/ storage coverage, your insurance company will pay for the towing and storage fees up to the limit of your coverage. If you do not have towing/storage coverage, or if the fees exceed your coverage limits, you can include those fees in the property damage claim with the at-fault person’s insurance company. Be sure to inform the insurance companies right away if your vehicle was towed from the scene. Storage fees add up quickly. You have a duty to mitigate (to minimize) your damages, which means you must act reasonably to protect your property from further harm. An unreasonable delay in removing your vehicle from the storage facility can cost you your entire property damage settlement.

What is the phone number for Keith Magness?

Finally, if you have any questions about your property damage or bodily injury case, call the Law Office of Keith L. Magness today at (504) 264-5587. We will be happy to help. We pride ourselves on helping auto accident victims receive and keep more of compensation they deserve.

Can you sign a release for personal injury?

First things first: if you suffered any type of bodily injury in connection with your car accident, never, I repeat, never sign anything sent to you by the insurance company without seeking legal advice. If you do, it may well be the end of your bodily injury claim as insurance adjusters often include language on property damage releases that include release for personal injury as well.