You may believe car accident lawyers only help people who are innocent victims of car accidents, but there are many ways an attorney can assist you even if you think you’ve caused an accident. It’s always worth discussing the situation with a law firm. Choose one that regularly handles all types of traffic accident cases!
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. A contingency fee percentage may vary depending on whether a personal injury lawsuit has to be filed against the other driver (the defendant).
Although you can never truly find anything online that will tell you whether a car wreck lawyer is good, or “legit”, you can make some assumptions on your own by searching for their licensing information. Car accident lawyers are licensed by a state agency in the state they practice in, and this is who grants the lawyer their bar license.
So if you were in a car accident that involves injuries, find a reputable attorney near you and give them a call. If you have been injured in a car accident in Minnesota, you should consider getting an attorney to assist you in your injury claim if your medical expenses exceed $4,000.
When trying to find a good car accident lawyer there are a few ways to find a firm that is best suited for you and your case. Here’s how: Seek out...
Yes, it is always recommended to hire an experienced lawyer following a car accident. In these given situations, you will want to seek legal assist...
Yes, if you were involved in a car accident where you were clearly at fault, you will need to seek legal assistance. It’s incredibly important that...
In almost all cases, yes you should still hire a car accident lawyer for a minor case. But, if you’re still not sure whether or not you should hire...
When the question of if you should hire a car accident lawyer arises, consider these factors: If you have been injured in a car accident, or if you...
There are some general truths that hold up no matter what the specific details of your car accident are. A car accident victim is vulnerable to the...
Yes, particularly so following an automobile collision resulting in severe injuries resulting in fractured bone(s), disfigurement, limited use of a...
Any licensed attorney in your state can handle a car accident claim. However, a personal injury attorney specializes in cases involving injuries su...
Insurance companies use an algorithm to compute their suggested case value and settlement amount. Based upon this number, the insurance company, th...
Absolutely. Hiring an experienced personal injury attorney following an auto accident resulting in personal injury is imperative in receiving the g...
Accident attorneys, also known as personal injury attorneys/lawyers, seek justice through the form of financial compensation (damages) for any client who has a physical or psychological injury due to the negligent acts of another person, entity, or organization. A personal injury lawsuit is considered civil and/or tort law in the U.S.
Accident attorneys attempt to secure compensation for their clients’ injury or loss, including but not limited to medical expenses, mental and emotional distress, loss of earning capacity while unable to work, pain and suffering and legal costs.
Because there are so many ways to suffer an accident or personal injury, experienced accident attorneys can take on a large variety of cases but not so many that they get overwhelmed and let the details (or deadlines) fall through the cracks.
Ranking for competitive terms can seem impossible, and paid search is prohibitively expensive.
The idea of hiring a lawyer after an accident or injury may seem like more work, especially if you’ve never done it before. Finding a good attorney and weighing the potential financial burden can be incredibly stressful.
When looking for an accident lawyer, your safest bet is to ask your friends and family for recommendations. If they had a positive experience with the firm, likely, you will too. Don’t spend hours calling or meeting with a half dozen attorneys; you’ll get the idea by talking to two or three, and you won’t be wasting valuable time.
Car accident lawyers are licensed by a state agency in the state they practice in. This is who grants the lawyer their bar license. In most states, the licensing is managed by what is called the “state bar” or the “state bar association”. In 44 states and D.C., you can search their online database so you can easily figure out whether an attorney is licensed, active, has any past infractions, and is in good standing. You can search the American Bar Associations’ database here.
A car accident victim is vulnerable to the insurance companies when they are not represented by a competent attorney. Insurance carriers like State Farm, GEICO, Progressive, and a host of others are all mega-corporations who got that way by employing an effective method of keeping costs low and profits high. This method is rooted in the idea that they attempt to pay as little as possible to victims, and they accomplish this by employing skilled claims adjusters and attorneys who can poke holes in what may otherwise appear to be clear-cut fact patterns.
Personal injury attorneys typically work on what is called a “contingency fee basis,” meaning you will not pay your attorney until and unless you are compensated for your loss. Guidelines regarding contingency fee agreements are typically outlined by the State Bar Association in the state of which you make your personal injury claim. Such contingency fee agreements are discussed at length with your personal injury attorney before you ever commit to the prospective attorney’s representation.
Although you can never truly find anything online that will tell you whether a car wreck lawyer is good, or “legit”, you can make some assumptions on your own by searching for their li censing information . Car accident lawyers are licensed by a state agency in the state they practice in, and this is who grants the lawyer their bar license. In most states, the licensing is managed by what is called the “state bar” or the “state bar association”.
Unique to personal injury cases, time is of the essence when hiring a personal injury attorney as doing so is imperative to maximizing the value of your case. Much of your case comes down to the nature of the treatment you have received when such treatment was rendered and the ability to identify witnesses to the accident. By quickly hiring a personal injury attorney after your accident, you provide your attorney with the greatest opportunity to achieve the best possible compensation for your personal injury claim.
Each auto accident lawsuit is factually different and therefore varies in length depending on a variety of factors. Such factors include:
Additionally, you should see a doctor as soon as reasonably possible, even if you do not feel or see an immediate injury. Your adrenaline rises during an accident, and thus you may not feel pain until that excitement has died down.
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 ...
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.
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.
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.
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.
So, in reality, a claim is not worth, for example, $50,000. Instead, it's more accurate to say that the case is worth between $40,000 and $60,000. When you think about the value of ...
When does it make sense to halt settlement talks and take a car accident claim to court?
If your lawyer believes your case is worth significantly more than what the insurer is offering, and that it's unlikely the insurer will increase its offer in injury settlement negotiations, then it's probably time to file a lawsuit.
Also, keep in mind that, if you file suit, your lawyer's out of pocket expenses and case costs will start to increase significantly, and it's possible that a later settlement will not put a significant amount of additional money in your pocket. Let's look at another example.
This is because, once the case is in suit, the defense attorney will want to do pre-trial investigation and discovery, and the insurer probably won't be interested in talking settlement until its attorneys have completed investigation and are ready to make a settlement recommendation to the insurer.
Chances are your lawyer (or the larger firm) has experience with car accident claims, or they likely at least have inside information about more than a few car accident case outcomes. So it's important to trust your lawyer's judgment.
The time delay and the increased expenses show that it's usually only worth putting a case in suit if you and your lawyer feel that the claim is worth substantially more than the insurer's final pre-suit offer.
A law firm may charge a flat fee where the legal representation is limited to drafting and responding to a demand letter. In that case, the fee may range from $300 to $1,000.
However, suppose that the case instead ended in a jury verdict of $90,000 and your agreement (and/or the law in your state) allows the attorney to receive 40% of a recovery after the complaint is answered. In this situation, the attorney can recover $36,000.
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 arrangement is typical. However, some law firms may try to increase their pay by taking their money out first. Let them know that you won't accept that, and if it becomes a deal breaker, it's probably best to find another lawyer.
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 ...
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.
“Pain and suffering” is a term used for the physical pain and emotional distress you had to endure because of the injuries you suffered due to the car accident.
Negotiating the general damages portion of your personal injury claim is challenging because there are no objective ways to measure the “pain and suffering” (non-economic damages) associated with car accident injuries.
During negotiations, you might explain to the adjuster how certain outside factors increased your fear and distress caused by the accident, and that you would never have suffered if not for their insured’s negligence.
You can effectively communicate those feelings to the adjuster by telling a vivid story about your pain and suffering.
If you were treated and released after a crash, and only had a few days of stiffness or sore muscles, don’t expect much compensation for pain and suffering.
A common way to calculate the value of an injury claim is to total your documented hard costs (economic damages) like medical bills and lost wages, then use a multiplier to account for pain and suffering.
Sometimes, getting an attorney involved is all it takes for the adjuster to stop playing hardball and offer a fair settlement amount for your pain and suffering.
What Happens When You are At Fault for a Car Accident? When you’re involved in a car accident someone else caused, you’re probably aware of your right to seek compensation for medical bills, property damage, and other losses from the insurance company of the at-fault driver.
For instance, if you were 40% at fault and incurred $10,000 in losses, you can still recover $6,000. The insurance company or jury determines the percentage of fault to assign to each driver.
What’s the number one reason you should always discuss your accident with a lawyer in-depth? They can let you know if you have a chance at financial recovery. In fact, a law firm can do more than that; they can conduct a professional investigation and review all relevant evidence to determine liability.
When the police arrive, stay courteous and give them a basic statement regarding how the accident happened. While you can say that your car collided with the other car, never add details such as “I was distracted and hit the car.” Avoid admitting why you think you were at fault, as anything you say will be used against you later.
Stay polite, but keep communications to a minimum. Determine whether anyone is hurt and provide the basic information the driver needs from you, then wait calmly until medical personnel and police arrive. Even if the other driver is acting aggressive, you should never be aggressive or defensive in return.
It’s also important to collect evidence at the scene of the accident if you are in good physical condition to do so. In some cases, there may be evidence that you shared the blame with the other driver, which can be extremely valuable. Follow these steps to begin compiling evidence as soon as the accident occurs:
What to Do After You Think You Caused a Car Crash. If you think (or know) that you just caused a car accident, stay calm . There are steps to take after a crash whether or not you were at fault, and you should stay focused to ensure you do—and don’t do—certain things.
The vehicle owner will also have to prove that the misdiagnosis was foreseeable, the mechanic’s carelessness caused the property damage, and that the damage done to the car is quantifiable.
For example, if a mechanic caused damage to a car while they were repairing it, then the owner can hold them liable for those damages. Alternatively, if the repair shop has an insurance policy, then damages will most likely be covered by the repair shop’s insurance.
Mechanics are legally required to take reasonable care to protect a person’s vehicle while it is in their possession. A mechanic may be held liable for a stolen vehicle, but only in certain situations. For example, if a mechanic carelessly leaves the keys to an unlocked car inside the vehicle, then the vehicle owner may hold them responsible for theft if it is stolen.
Mechanic liability insurance is a specific type of insurance policy that is meant to protect mechanics and auto repair shops from liabilities that may arise as a result of unexpected accidents like property damage to a vehicle, faulty repairs, or if a customer waiting to pick up their car gets injured in the repair shop.
In a misdiagnosis negligence case, the vehicle owner will need to prove that the mechanic failed to exercise the same level of care that any other reasonable auto repair mechanic would have used in the same or a similar scenario. The vehicle owner will also have to prove that the misdiagnosis was foreseeable, the mechanic’s carelessness caused the property damage, and that the damage done to the car is quantifiable.
Mechanic repair lawsuits refer to a large umbrella of cases that involve issues regarding vehicle repairs and mechanics or automobile repair shops. For example, a car owner may sue a mechanic for performing unauthorized or unnecessary repairs, providing false or misleading payment estimates, or for breach of warranty.
One thing a vehicle owner can do for a car damaged by garage during service is to sue either the repair shop and/or the individual mechanic. For example, if a mechanic caused damage to a car while they were repairing it, then the owner can hold them liable for those damages. Alternatively, if the repair shop has an insurance policy, ...
When filing a negligence claim, you are required to prove that the other driver caused the accident. In some cases, proving fault is easy especially if the other driver has been issued with a ticket in the past, or charged with reckless driving. In other cases, proving fault is difficult.
What If the At-Fault Driver Has Inadequate Insurance to Cover All My Damages? If you have been involved in a vehicle accident caused by another driver, you are probably counting on them to pay for the cost of damages or injuries through their insurance policy. Depending on how severe the accident is, you may incur huge expenses after the crash. ...
Nationwide, 12.6 percent of drivers are uninsured. That means one in eight drivers sharing the road with you does not have auto insurance. Many more people are underinsured. Though almost all states require motorists to carry liability insurance, some drivers do not obey those laws, some carry very limited insurance, and some are visiting from places with different insurance requirements.
Even if you have liability coverage at $100,000 per person and $300,000 per accident, you’re not covered if an uninsured driver rear-ends you at 45 mph. You may be in compliance with mandatory auto insurance laws, but your excess compliance isn’t going to help you under those circumstances. If you suffer serious injuries in that crash, your medical bills and lost earnings are likely to exceed an underinsured driver’s policy limits.
The cost varies widely, but a ballpark figure is approximately 5 percent of your annual auto insurance premium. So if you currently pay $800 a year for auto insurance, uninsured/underinsured motorist insurance may add $40 to your annual fees. The cost can depend on many variables, including your driving history.
Basically, in negligence states, recovery for vehicle accidents is determined by looking at who was at fault for the accident. These states have less strict insurance requirements, therefore, the issue of an under insured or uninsured motorist is common, since the victim of an accident recovers damages from the at-fault party’s insurance policy.
Therefore, if you are found to be 25 percent liable, and the other driver is 75 percent liable, any award you receive will be reduced by 25 percent. The sad truth is that, in most cases, drivers who have no insurance or are underinsured are uncollectable.