What You Can Expect in a Personal Injury or Wrongful Death Case Once you hire an attorney, the first step the attorney will take will be an initial investigation of the facts of your case. This could include talking to witnesses, reviewing medical records, and reconstructing accidents, among other steps.
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Ask an auto accident lawyer how other expenses – such as those necessary for expert witnesses like economists and doctors – are handled. Some law firms recoup these costs in addition to the contingency fee, while others include the charges in the contingency fee.
In many cases, car accident attorneys can reduce what you owe, giving you more money in the end. Ask an auto accident lawyer how other expenses – such as those necessary for expert witnesses like economists and doctors – are handled.
Like any good investigator they will survey the accident scene, take photo’s, take measurements of where the cars ended and if they can determine, where they first impacted. Measure any skid marks.
The vast majority of auto accidents are investigated by two groups of people:1 police officers and independent accident investigators. When police become involved in accident investigations, it is normally to deduce whether any criminal actions occurred during the accident.
The best investigations start right after the accident occurs. To help avoid the deadline of the statute of limitations passing, the legal professional will want to gather as much evidence as possible for the claim and attempt to preserve the scene of the accident.
Every accident has unique factors present. Some have the effects of weather while others face road conditions that are less than ideal. If the accident happened at work, it is important for the lawyer to quarantine the area to acquire as much data as possible.
Lawyers often will work with other professionals and expert witnesses to investigate a matter. However, the legal representative may initiate this investigation alone and uncover several pieces of evidence to support the client.
In some situations, the lawyer will have several tasks he or she needs to perform while the investigation starts, and these activities may tie the professional up. At that point, delegating tasks is important and may lead to hiring another professional such as a private investigator, accountant, tax consultant or expert witness.
Some lawyers may need to coordinate an investigation into the accident with the support and assistance of other departments, officers and professionals. This may require the cooperation of different authorities and even city consultants and specialists.
It is with a lawyer that the victim of an accident could initiate an investigation while this person recovers from injuries. To seek treatment and therapy for damage requires time, and this is not always available depending on the statute of limitations.
Filing an Insurance Claim. When you experience a motor vehicle accident, the first step in seeking compensation is to file a claim with either your own insurance provider or the other driver’s insurance company. In some states, comparative negligence laws apply, ...
Some victims of car accidents choose to seek legal counsel and representation so that they can focus on their health and recovery while also pursuing legal action. You have the right to hire legal representation at any time throughout the process of making an insurance claim or pursuing a personal injury lawsuit.
Keep in mind that some car accident injuries may only display symptoms days or even weeks after an accident. For example, whiplash may take several days to manifest, according to the National Institute of Neurological Disorders and Stroke (NINDS).
If the driver engaged in distracted driving while answering a phone or navigating on a GPS, this breach in their duty of care they owed you while on the road may have contributed to the accident. A lawyer can help investigate the cause of the accident and use evidence to demonstrate the fault of the other driver.
While obtaining a lawyer does not guarantee you a specific outcome for your case, they can help investigate the crash, gather evidence to demonstrate the other driver’s negligence, and take care of negotiations with insurers on your behalf.
If the other driver’s policy cannot cover the costs of your losses, you may be able to seek them through your own policy if you carry uninsured motorist coverage. You can hire an attorney immediately after a car accident to help you assess your losses and explore the options available to you through your own insurance policy.
The typical car accident lawyer will charge a "contingency fee" to take on an injury case. A contingency fee means that the firm will not get paid any attorney's fees unless you recover money in ...
If the other driver is at fault for your car accident, you'll probably be able to hire a personal injury attorney on a "contingency fee" basis. Find out when it's worth the cost. If you've been in a car accident, and it's pretty clear that the other driver was at fault, you'll be looking for a plaintiff's car accident lawyer ...
If you cannot pay these fees, your case will likely not proceed until there is a payment. Other personal injury firms (typically large firms), will cover all fees and expenses. However, the fees and expenses will be deducted from your settlement or final judgment. Let's say you settled your car accident case for $100,000.
The percentage that a personal injury lawyer can receive in a contingency fee agreement varies, but typically ranges from 25 to 40 percent, and 33 percent (or one-third) is pretty standard. So, if you have a 33% contingency fee arrangement and you recover $90,000 in your car accident case, your attorney will receive around $30,000.
If you do not understand the fee arrangement as stated in the contract, ask your attorney to explain it to you. Also, just like everything in a contract, the fee is negotiable.
This means the insurance adjuster will work to minimize your damages and try to get you to accept a very low settlement offer —they are in the business of making money, not spending it, after all. In that situation, having an experienced lawyer on your side becomes essential.
Not all cases will involve a pure contingency fee arrangement. Lawyers may collect an initial retainer to begin your case and also collect a contingency fee at the end of your case. However, if you recover money, the amount already paid to the attorney should be subtracted from the percentage due to the attorney at the end of the case. For example, if you paid $2,000 to the attorney as a retainer and recover $90,000 in a settlement, the attorney will receive $28,000 from the settlement ($30,000-$2,000 = $28,000).