While much depends on the specifics and the complexity of your car accident case, in general a lawyer can:
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When you hire a car accident lawyer, they will get to work investigating and gathering evidence to demonstrate your damages. If the other driver’s insurance company and your lawyer can come to a fair settlement, the case can be settled and there is often no need for a trial. However, there are situations where your case may need to go to court.
They can prepare your claim for trial by gathering evidence and carefully presenting your case. You will need to provide evidence that convinces the jury it is “more likely than not” that the other driver was negligent or caused your injuries in the car accident.
When another driver sues you after a car accident, your car insurance company usually has a "duty to defend" you. When you're being accused of causing a car accident, and someone else has filed a personal injury lawsuit against you, your car insurance company will usually hire a lawyer to defend your case in court.
Even if an initial consultation has taken place online or over the telephone, the attorney will not have a full picture of the facts and circumstances surrounding your car accident case until the two of you can sit down and talk. The first step will involve you explaining the facts of the accident, and the damages you've sustained.
It is typical for police to show up at the scene of a car accident to conduct an investigation and produce a report. While courts frequently find parts of these reports inadmissible, courts may admit certain information from the report, such as the officers’ personal observations of the scene.
Yet another tactic that insurance companies use to avoid big payouts in car accident cases is to rush to a claimant to convince them to accept an unfairly low settlement offer. Shortly after a car accident occurs, sometimes before the injured person has been released from the accident, an insurance adjuster may make contact with the injured and even offer a settlement.
Even if they don’t refuse outright to pay a claim, insurers use other tactics to avoid big payouts, including: 1 Making unfairly low settlement offers. 2 Misrepresenting contract terms and conditions, including terms that result in non-payment of a claim. 3 Refusing to provide support of the findings that led the insurance company to refuse payment of a claim or only agree to partial payment.
It is also a good idea to hire a lawyer in cases of losing a loved one in a car accident. Like a car accident lawsuit, a wrongful death lawsuit is a legal claim filed in civil court. In a wrongful death action, a plaintiff or plaintiffs, referred to as “survivors” of the accident victim, bring suit to prove that the death of their loved one was due to the defendant’s wrongdoing.
Not every car accident is black and white concerning fault. Often, multiple at-fault defendants cause an accident, such as the other driver and their insurer and, if the other driver was on-the-job at the time of the accident, their employer and its insurer. Figuring out all potentially liable defendants is a complicated endeavor by itself.
Perhaps the most important way an attorney can help you with your car accident case is by being your advocate. This means that your attorney acts on your behalf and for your benefit throughout the entire claims process (negotiating with the automobile insurance company) and even in court if a lawsuit becomes necessary. He or she will be your champion before the judge, jury and other attorneys, making sure that your side of the story is heard and that you are compensated for all of your losses.
Hiring a personal injury attorney to represent you after a car accident means you will have a professional working for you -- one who is extremely knowledgeable about the relevant laws and procedural rules that may affect your case.
Whereas this may be your first time dealing with the ins and outs of an accident claim, injury attorneys have dealt with all manner of claims and have faced the gamut of insurance company tactics. They have experience obtaining the necessary evidence to support your claim, including gathering police reports, witness statements, medical records and bills, and employment and lost wage information.
If you are unable to settle your accident case, your attorney can take care of filing the necessary paperwork to start a court case and can deal with the defense attorneys on your behalf. Having a seasoned professional navigate the day to day work of your case eases the burden on you so that you can focus on recovering from your injuries.
An experienced injury attorney can be extremely helpful in navigating the often chaotic and confusing world of insurance claims and injury settlements after a car accident. Here's what you need to know:
For instance, in many states you must file your lawsuit within two years of your car accident or be forever prohibited from filing your lawsuit. An attorney will also be able to inform you about any special exceptions to the statute of limitations -- for minors, for example.
Most injury attorneys work on a contingency fee basis, meaning your lawyer only gets paid if there is a successful resolution to your claim.
When both sides have presented evidence during the car accident trial, the jury will decide: who was at fault for the accident. and how much money you should be awarded from the insurance company for your damages. If all goes well and your lawyer is able to present ...
They can prepare your claim for trial by gathering evidence and carefully presenting your case. Presentation of Evidence. You will need to provide evidence that convinces the jury it is “more likely than not” that the other driver was negligent or caused your injuries in the car accident.
Different types of evidence your lawyer may present during a car accident trial include: Witness interviews. Expert interviews, such as from a doctor who treated you. Medical records. Other evidence demonstrating your injuries. Accident reports.
Since lawsuits are expensive, most car accident lawyers won’t take a case to trial unless they think it is powerful enough to win you the money you deserve. If you’re unsure about your case, contact a car accident lawyer as soon as possible. Contact a Lawyer Today for Help Preparing for a Trial in Your Case.
In many cases, a car accident case does not have to go to court. When you hire a car accident lawyer, they will get to work investigating and gathering evidence to demonstrate your damages. If the other driver’s insurance company and your lawyer can come to a fair settlement, the case can be settled and there is often no need for a trial.
The following situations could lead a car accident claim to proceed to court: The insurance company does not offer you a fair settlement. Despite your lawyer’s negotiation with the insurance company, they won’t budge on paying out more money for your damages.
No one should ever give a recorded statement to an insurance company, even their own insurance company, without consulting an attorney first.
Going to court for a car accident settlement is rare, but it does happen. There is a lot more to a car accident lawsuit than being in the courtroom. This includes discovery (evidence gathering) and other pre-trial phases, as well as opportunities for both sides to negotiate. Many plaintiffs may receive out-of-court settlement offers.
Sadly, there are situations where a company will give you a lowball offer and refuse to budge. This is when you need the expertise of a personal injury attorney. They will help you gather the right evidence to demonstrate your damages and put pressure on the company to adjust their offer. If the company won’t budge, your attorney will help you file a lawsuit in the proper court.
A personal injury attorney can give you their opinion on the strength of your case, but filing a lawsuit is ultimately your decision. Litigation can be stressful, time-consuming, and costly, even when you feel you have a strong case. The decision to go to trial is yours alone. The good news is that many lawsuits will reach a settlement agreement before a trial even starts. But if you do file a lawsuit, I trial is certainly a strong possibility.
The second common reason a car accident case goes to trial is because you and the insurance company may not agree on the proposed compensation. For example, if someone crashed into your car and it is not your fault, and the insurance company wants to compensate you $2,000 for a $110,000 car, you could take your claim to court.
If it was alleged you were drinking and driving, for example, a juror whose family member passed away in a drunk driving accident would likely be removed from the jury. To the best of the legal system’s ability, the jury selection will allow for a fair trial.
Two common reasons a claim might go to court are if you and the insurance company can’t reasonably agree who was at fault for the accident or both parties are not satisfied with the proposed compensation.
One benefit of having professional legal representation throughout your insurance claim process is that insurance companies are generally much more likely to negotiate a fair amount of compensation before the claim goes to trial.
After the jury has been selected, your trial date will be set, and you can work with us to begin forming your case as to why you believe you are in the right. If we’re working to receive additional compensation, for example, we’ll start collecting all the data and witness testimony to make our case. If you believe you are entitled to more compensation than your insurance is wanting to pay out, we’ll work to collect information that will help present your case as strongly as possible.
Depending on the severity of the case and the complexity of the evidence, the jury deliberation can last only a few hours to several days.
The first step involves the selection of the jury. In most states, but not all, the trial is decided by a jury and not a judge. As with any jury selection, the panel will be randomly selected to reduce any potential biases, and each jury member will be asked a variety of questions to qualify whether they are fit to be a juror of the case.
When another driver sues you after a car accident, your car insurance company usually has a "duty to defend" you. When you're being accused of causing a car accident, and someone else has filed a personal injury lawsuit against you, your car insurance company will usually hire a lawyer to defend your case in court. Read on for the details.
That time limit could be as little as 5 or 10 days. If you fail to give your insurer notice of the accident within that time period, and you don't have a good excuse for not contacting an agent, the company may have the right to refuse to provide coverage for the accident. And, by extension, they may refuse to provide you with a lawyer if you get sued over the crash.
What is a good excuse for not giving the insurer notice within the required time period? Generally, if you were seriously injured and in the hospital, or were otherwise physically and/or mentally incapable of notifying the insurer of the accident, that will qualify as an extenuating circumstance excusing your failure to give proper notice.
Intentional Act Causing a Car Accident. If the policyholder is accused of having acted intentionally to cause the car accident, that could also void coverage (and therefore nullify the duty to defend). Automobile insurance policies generally provide insurance coverage only for negligent actions, not intentional actions.
A third important exception to the insurer's duty to provide a lawyer may apply when damages paid out by the insurer meet the policy's coverage limits. In general, once the insurer has paid the policy limits, it has no further duty toward the insured—no duty to pay any further money to resolve claims, and no duty to continue to provide ...
Automobile insurance policies generally provide insurance coverage only for negligent actions, not intentional actions. So, if, for whatever reason, the insured is accused of intentionally causing the car accident, there is a very real chance that the insurer will refuse to provide coverage for the accident and will refuse to provide a lawyer ...
This is part of the insurance's company's contractual "duty to defend," which can be found in all different types of liability insurance policies. But most, if not all, automobile insurance policies have exceptions to this obligation. In other words, there are circumstances that will effectively void the insurer's duty to defend the policyholder.
Most car accident attorneys work on a contingency fee basis. (Learn more about how much a car accident lawyer costs .) If you decide to hire an attorney, you will need to sign a fee agreement, representation agreement, or some other document formally establishing the attorney as your legal representative.
Make the most out of your first meeting with a car accident attorney, and make sure this person is the best fit for you and your case. After a car accident, once you've made the decision to hire an attorney, you're probably wondering what the first visit will entail. There are two main reasons for this meeting.
You'll also need to provide any documents you have relating to the accident, such as medical bills, car repair estimates/invoices, photographs, police reports, e-mails and letters from insurance companies (and copies of any insurance claims you've filed related to the accident).
The first step will involve you explaining the facts of the accident, and the damages you've sustained. This conversation will probably be with the attorney, and/or one of the attorney's representatives, such as a legal secretary or paralegal.
Attorneys turn down cases for a variety of reasons, including: the attorney's workload. potential conflicts of interest. the scope of the lawsuit goes beyond the attorney's skills and experience, and. the attorney's firm may not have the financial resources to try your case, even though it has potential.
Even if an initial consultation has taken place online or over the telephone, the attorney will not have a full picture of the facts and circumstances surrounding your car accident case until the two of you can sit down and talk.
Some attorneys may give the impression that they'll handle every aspect of your case, but many have inexperienced associates handle most of the work surrounding the case, with your attorney stepping in only when there's a trial or during settlement negotiations.