what kind of attorney can defend me against an auto accident claim

The best way to avoid costly mistakes is to seek legal representation. An experienced personal injury attorney will be able to answer these questions and many more during your free initial consultation. There are many other ways that an attorney can help with your car accident claim as well, including: 1. Collecting Evidence of Fault

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What does a car accident defense attorney do?

Feb 05, 2013 · If you had insurance, your insurance company will hire a lawyer to defend the case. If you don't have insurance, and you want to hire a lawyer, you need to hire an insurance defense lawyer anyway, since those folks will be well versed in defending auto accident cases. Report Abuse. Report Abuse.

How do I get a lawyer for a car accident case?

This can mean the plaintiff (or the plaintiff's attorney) simply forgot to check a certain box on a pre-printed complaint form. Or it can mean that a drafted complaint failed to adequately spell out the different elements of a fault concept like negligence, which determines liability in most car accident cases. Car Accident Liability or "Fault" Defenses. The most common factual defenses …

Do I need an attorney for a car insurance claim?

Feb 07, 2020 · It is important that you speak to a personal injury attorney very soon after your accident, and take pictures of your injuries and damage to your vehicle. Auto Accident Attorney in Shreveport If you or someone you know sustains an injury in a car accident, contact the Greenwald Law Firm by calling 318.219.7867.

What are the most common defenses to a car accident injury claim?

Speak to a Brownsville Car Accident Defense Lawyer Today. As you can see, if you are the subject of a personal injury lawsuit, you have viable defenses that can be raised to combat the tort claim. The Brownsville law firm of Colvin, Saenz, Rodriguez & Kennamer L.L.P. is here to assist. Our firm is comprised of skilled and aggressive defense attorneys who possess decades of civil …

Can you contest a personal injury claim?

Although the right to appeal in personal injury cases is available, appeals are the exception rather than the rule and any aggrieved party wishing to bring an appeal will need clear grounds for challenging the decision of the first instance court.Sep 5, 2016

How do you defend a personal injury case?

What are 5 Defenses to Personal Injury Claims Defense Attorneys Use the Most?Contributory Negligence. The most common defense used against a personal injury claim is contributory negligence. ... The Assumption of Risk. ... Pre-Existing Injuries. ... Release of Liability Waiver. ... The Statute of Limitations.Aug 11, 2017

What does a civil defense lawyer do?

Civil attorneys provide legal strategies and advice on your civil case. They'll represent you in a variety of proceedings, such as pretrial hearings, depositions, arbitration, mediation, and the trial itself.

What is contributory negligence?

Contributory negligence is the plaintiff's failure to exercise reasonable care for their safety. ... Contributory negligence can bar recovery or reduce the amount of compensation a plaintiff receives if their actions increased the likelihood that an incident occurred.

What happens if you are involved in an auto accident?

If you’ve been involved in an auto accident, the other motorist might falsely claim that you were to blame. Even worse, the police officer who responds to the accident might agree with the motorist and tag you as responsible for the incident. Fortunately, motorists victimized by false auto accident claims do have options.

Can insurance companies agree on fault?

Sometimes, insurance companies cannot agree on fault. Your insurer might believe that you are blameless, while the other driver’s insurer is 100% committed to blaming you. In this situation, the case might go to trial.

What should an officer do when responding to a crash scene?

When an officer responds to a crash scene, he or she should interview witnesses and inspect the vehicle to fully understand what happened. An officer might also make a preliminary determination of fault. Many people are panicked that an officer has fingered them as the responsible party when they were actually victims.

Does insurance pay for lawyers?

Of course, the insurer typically reserves the right to pick the lawyer and to decide whether to settle the case (and for how much). But they will usually pay for someone to defend you, which is a huge relief.

What does an insurance adjuster do for a wreck?

If you have car insurance, your insurer will need to determine whether you are at fault for the wreck. They will assign an insurance adjuster to your case, and this person will interview you to get your side of the story. They will also interview other witnesses and possibly look at the cars involved.

Do you have to have insurance to register a car in Georgia?

Although insurance is required to register a vehicle in Georgia, some people refuse to carry it or cancel it soon after registering. Anyone uninsured is responsible for their own defense. This means that you would be responsible for: Investigating your case, including contacting and interviewing witnesses.

What is MG law?

MG Law is well versed in all areas of car accident law, and we have helped many injured victims obtain compensation. If you were injured in a crash, please contact us today to schedule a free consultation.

What to do after a car accident?

In a lawsuit or insurance claim after a car accident, be prepared for the other driver's insurance company to raise one or more of these defenses. On either side of a car accident injury case, whether you're the one bringing a claim, or you find yourself accused of causing the accident, it's a good idea to familiarize yourself with some ...

What happens if you file a lawsuit too late?

While there are some exceptions to the statute of limitations deadline—usually when there's a question of when a particular injury was discovered, or when the injured person is a minor or is somehow legally incapacitated—the general rule is that if a case is filed too late, it won't be heard by the court. For example, if you are injured in ...

What are the defenses to car accident claims?

The most common factual defenses to a car accident injury claim involve fault (unless the accident occurred in a no-fault state ). The person being accused of causing the car accident will often seek to limit their liability for damages by showing that the claimant was actually at fault for the crash, either in whole or in part. States typically follow some version of one of two personal injury law rules when it comes to shared fault for an accident: contributory negligence or comparative negligence.

What is comparative negligence?

Comparative negligence is a factual defense to liability in a personal injury case. In states that have adopted some version of a comparative negligence rule, each party involved in an accident is assigned a percentage of fault based upon the facts of the case.

What is contributory negligence?

Contributory negligence can be a crippling factual defense to a personal injury case. In the handful of states that follow this rule, any party that contributed in any fashion to the incident that caused the injury is barred from getting compensation from other parties.

What are factual defenses?

Factual defenses depend on the specifics of the underlying accident, and can include contributory or comparative negligence, and failure to mitigate damages. Let's take a closer look.

How long does it take to file a lawsuit after a car accident?

There is no "standard" statute of limitations deadline, although periods of two to three years are the most common when you're filing a lawsuit after a car accident.

When Does A Personal Injury Case Go To Court?

Well, usually, it doesn’t. When a car accident occurs, police will take witness statements, and determine if one party or another was responsible.

Auto Accident Defense Strategies

Below, we’ll list some of the defenses a car accident defense attorney might use, as well as the methods the Greenwald Law Firm would counter with.

Auto Accident Attorney in Shreveport

If you or someone you know sustains an injury in a car accident, contact the Greenwald Law Firm by calling 318.219.7867. You can also leave us a message on our website.

What is the burden of a civil lawsuit?

It is important to understand that, with civil tort claims, the burden is on the plaintiff to prove their case and submit sufficient evidence to substantiate the claim that you were negligent.

What is admission of liability?

Admission of Liability. A key issue that needs to be addressed early on is determining whether or not you admitted fault. An admission of fault will make defending your case more difficult since it is viewed as an admission of liability.

How many car accidents were there in Texas in 2015?

According to the Texas Department of Transportation, there were approximately 518,577 car accidents reported in the state in 2015. Out of these reported collisions, roughly 246,000 people alleged that they were physically harmed in the accident.

What are the elements of a tort claim?

This requires proof of four specific elements associated with a tort claim – (i) that you owed a duty of care to the plaintiff, ( ii) you breached the duty of care, (iii) the plaintiff was harmed as a proximate result of the breach, and (iv) the plaintiff suffered bodily harm.

What is the defense of contributory fault in Texas?

This rule holds that if a plaintiff alleges harm from an auto accident, they are prohibited from recovering monetary compensation if they were 51 percent or more at fault for causing the collision.

What is premise liability?

This is a more common defense in premise liability personal injury claims, as automobile accidents are often better supported by documentation such as police reports and ambulance records. Premises liability cases filed against a business operator may be misdirected when a property owner is the one who is actually liable. This defense depends the specifics of the lawsuit claims.

Do insurance companies investigate claims?

Insurance companies are in business to turn a profit, just as any other business, and they are always willing to investigate a claim fully. It is important to understand that your insurance company may be your best friend when defending against a personal injury lawsuit. In most instances, they actually provide the legal counsel for their clients ...

What is comparative negligence?

Some states use pure comparative negligence that allows any injured party in an accident injury to receive some amount of financial compensation unless they are totally at fault for the injury, such as an intentional act or they were convicted of drunk driving. Most states use modified comparative negligence law that states plaintiffs are barred from any financial recovery if their comparative negligence percentage is greater than the respondent. The bar level is usually either 50% or 51% to deny a claim. In pure contributory negligence states, any contribution to the causation of the injury will be an effective defensive strategy. In premises liability cases, the focus is on individual reasonable assumption of risk based on the actions of the plaintiff. An example of this defense would be trespassers who are injured and normally lose their claims based on no authority to occupy the property. This means that technicalities can matter greatly, depending on the state of occurrence, and the particulars of the claim are all potential reasons for a case dismissal, or at least a reduced financial liability.

What is the statute of limitations for personal injury?

All states have a statute of limitations law that is assessed for each particular personal injury lawsuit. This can be an effective defense in cases that are filed at the end of the limitations time period, even when the injury was recognized at a significantly earlier time. Why the plaintiff waited until the end of the limitations time period can be an issue as well because it could indicate that the injury is not as serious as claimed. This could result in a dismissal based on being a frivolous claim.

What is an insurance adjuster?

Insurance claims adjusters and claim defense attorneys deal with personal injury claims regularly and understand all components of a negotiation, including taking a case to a full jury trial in hopes of an acquittal by a jury that think s the claims of the plaintiff are excessive and often erroneous. Even valid personal injury claims can result in ...

How can I protect my assets if I am sued for a car accident?

I had a car accident and the passenger of the other car has filed a lawsuit against me for her injuries. My insurance is planning to resolve the case by paying off my policy limit without going through discovery process.

Answers

If you settle all the claims against you by the passenger of the other car for his or her personal injuries through your own insurance policy in a written settlement agreement and a dismissal of the complaint against you with prejudice, you do not have to worry about protecting your personal assets.

What is personal injury?

Personal Injury. You suffered a serious injury, and now you are exercising your right to collect compensation. You have hired an attorney, and you have the evidence proving that the other party was negligent. Yet, the other party is not negotiating. Instead, they are using a defense strategy to lower your settlement or possibly have ...

Can an attorney defend against an accident?

Luckily, your attorney can defend you against these unfair accusations by proving that the new injuries are not related, or that past injury was aggravated.

What is a high value settlement?

In high-value settlements, it is common to see the insurance company or defendant mount a tangible defense strategy against your claim. They do this in hopes that they can have the case dismissed or the settlement lowered enough to preserve profit margins. Most personal injury cases are not long-drawn-out processes.

What is an example of a plaintiff?

For example, a plaintiff is injured in a car accident. The defendant rear-ended the vehicle, but the plaintiff did not wear a seatbelt. Some of the injuries would have been avoided if the plaintiff wore the seatbelt; therefore, the defense will argue against the injuries saying the plaintiff did not prevent injuries.

What happens if the plaintiff assumes all or part of the risk of an obviously dangerous activity?

If the plaintiff assumes all or part of the risk of an obviously dangerous activity, the defendant will try to claim that the plaintiff should have known about the danger of injury and cannot recover damages.

Why do I need a private attorney for an auto accident?

One reason you may need to hire private counsel may be if the individual claiming injuries is demanding more than what your auto policy covers you for. However, this is a situation which your auto insurance attorney will keep you updated on throughout litigation. Good luck.

What to do if you didn't have bodily injury insurance?

If you did not carry bodily injury liability insurance at the time of the incident, you probably should contact an attorney to represent your wife. If you are an owner of the vehicle your wife was driving, you too will be implicated in any damage claim if the accident took place in Florida... 0 found this answer helpful.

Can insurance companies shadow you?

Unfortunately some insurance companies have a pattern of exposing their own insured to risk of an excess verdict due to their own claims handling. For this reason, after you contact your auto insurance carrier, which should be done immediately, you may want to consider hiring personal counsel to shadow the insurance company; to remind them of the consequences of their conduct and hopefully help get the issue...

Should I contact my insurance company about an accident?

You should contact your insurance company immediately and report this claim. As long as you have coverage for the accident under you policy, your insurance company will represent you and your wife in the claim. However, if you have assets to protect, you do have the right to retain an asset protection lawyer as well.

Do I need an attorney for my wife's car insurance?

Your wife will only need to hire an attorney if the vehicle she was driving was not insured, and your wife was not covered under any other applicable auto insurance policy.#N#You should immediately contact your auto insurance company and notify them of...

Do I need to report a claim to my insurance company?

No, you do not. You need to call your insurance company and report it to your insurance company and then forward any paperwork you recieve from the other person's attorney to your insurance company. They will retain an attoreny to defend you. This of course assumes you were insured...

Should I contact a lawyer for my wife's divorce?

Yes. You should immediately contact a local attorney because it does sound like your wife will bear the fault of this. An attorney can protect your rights and advise you on how to mitigate the damages in your best interest.