If you have insurance, you need the insurer's attorney. In other words, send the complaint to your insurance company and they should defend you. If you don't have insurance, then find an attorney that does insurance defense work.
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Feb 05, 2013 · You need a personal injury attorney, or, more generally, a civil litigation attorney. Talk to your insurance company: many insurance policies include coverage for attorney representation in litigation concerning covered events, and the insurer can be very specific about who should be representing you if you want the insurer to pay for your attorney's work.
This is also why it is absolutely necessary to have an experienced personal injury lawyer defending your legal case. Assertions of the Plaintiff are Invalid or Overstated Invalid assertions can be stricken from the record in some instances …
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.
If you are bringing a car accident claim in a contributory negligence state, and fault is not entirely obvious, you should probably consult an attorney who is experienced in handling this issue. Procedural Defenses
If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.
If you have auto insurance put them on notice and they will hire an attorney to defend you. If not you need a lawyer that practices in the area of civil defense.
If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.
If you did not have insurance then you need to hire an attorney that handles civil matters to determine what is the best approach to take. Report Abuse.
If you do not have insurance, then you should not have been on the road at all. You will have to hire a personal injury attorney; they usually advertise on TV, billboards, lavatory walls, buses, and any structure or medium possible. Of course, you will have to pay up front. so, it is always best to have auto insurance.
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 ...
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.
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.
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.
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 ...
Well, usually, it doesn’t. When a car accident occurs, police will take witness statements, and determine if one party or another was responsible.
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.
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.
This is a very defendant-friendly rule that applies in only four states (Maryland, Virginia, North Carolina, and Alabama) and the District of Columbia. Under this rule, a car accident plaintiff cannot recover any damages at all if they bore any share of the fault for an accident. Thus, even if the defendant was 95% at fault, and the plaintiff was 5% at fault, the plaintiff gets nothing. Since establishing contributory negligence is a complete shield against liability, defendants and insurers in these states try to raise this argument whenever possible. If you are bringing a car accident claim in a contributory negligence state, and fault is not entirely obvious, you should probably consult an attorney who is experienced in handling this issue.
The key to modified comparative negligence is that it establishes a cutoff percentage of fault. If the plaintiff’s fault is found to be at or above that percentage, they cannot receive any damages.
Showing comparative negligence essentially means proving the elements of a negligence claim against the plaintiff. This means that they had a duty to use a certain level of care, they failed to meet that standard, and this caused the accident.
Procedural Defenses. If a comparative or contributory negligence argument does not apply, a defendant or their insurer may try to get a case dismissed on procedural grounds. These are separate from the actual merits of the case.
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.
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.
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.
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.
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.
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.
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.
If you are clearly at fault for rear-ending someone, and you tell the officer at the scene that you are at fault, the insurance defense attorney will still most likely deny fault in the answer to the complaint. They are doing everything they can to protect the insurance company and risking your assets in the process.
If the plaintiff offered to settle your case for the policy limits, and your insurance defense lawyer refused, that insurance company is not representing you in good faith. They are not honoring their promise to pay your claims that was implied when you paid them all of those premium dollars.
This way, you will have someone who is there by your side to truly protect your best interests.
You cannot serve 2 masters. Either you will hate the one and love the other, or you will be devoted to the one and despise the other. These defense lawyers get hourly billing opportunities sent to them from the insurance companies. One lawyer may have a book of business worth millions to his firm.
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.
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.
If you were at fault for the accident, you’ll almost certainly see a bump in your premium ( that’s the amount you pay for coverage ). And if you carry only a minimum amount of coverage, and injuries and other losses stemming from the crash exceed that coverage, you could personally be on the financial hook for the difference.
If you’re carrying enough insurance to cover all losses caused by the accident, your insurance company will defend any claim made against you (including a personal injury lawsuit filed in court).
Even at the scene of the most minor car accident, where no one is hurt and the vehicles just “traded paint,” things can be hectic and nerves can be on edge. It isn’t always easy to figure out who was at fault (or mostly at fault) for the crash, and the accident scene isn’t the proper time and place for making those kinds of determinations.
If it turns out that you were pretty clearly at fault for your car accident, it’s not the end of the world, but it could end up costing you a certain amount of both money and hassle, depending on the specifics of your situation. Here are some things to keep in mind if you’re legally responsible for someone else's injuries, vehicle damage, and/or other losses after a car accident.