what should my accident attorney be doing for me

by Rosalee Veum 9 min read

While much depends on the specifics and the complexity of your car accident case, in general a lawyer can: obtain the necessary evidence with respect to fault for the accident communicate with your health care providers to obtain missing records

What Will My Car Accident Lawyer Do?
  • communicate with the other driver's insurer.
  • obtain the necessary evidence with respect to fault for the accident.
  • organize your medical records and bills.
  • communicate with your health care providers to obtain missing records.

Full Answer

When do you need to hire a car accident lawyer?

When to Hire a Car Accident Lawyer

  • FLORIDA. Retaining a competent and experienced auto accident attorney as soon as possible is vital if you are injured in a wreck.
  • ALABAMA. When do you need to hire an auto accident lawyer? ...
  • ARIZONA. ...
  • CALIFORNIA. ...
  • GEORGIA. ...
  • ILLINOIS. ...
  • INDIANA. ...
  • LOUISIANA. ...
  • MASSACHUSETTS. ...
  • NORTH DAKOTA. ...

More items...

When to hire an attorney after a car accident?

When should you hire a lawyer for a car accident?

  • Having a lawyer can increase your compensation. ...
  • A legal misstep will affect your compensation. ...
  • There are no drawbacks to talking to a lawyer. ...
  • You are up against the insurance company not the at-fault driver. ...
  • Timing is important in a car accident case. ...

How much do lawyers charge for accident claims?

Your lawyer will agree to a fixed percentage of the total award they win for you, typically one-third of the recovery of the final amount paid to the client. This also means that your attorney gets paid more if you get paid more, giving them more incentive to fight harder to achieve a successful outcome in your case.

Why you should hire a truck accident lawyer?

This can include the following:

  • All medical expenses caused by the truck crash
  • Lost income if a victim cannot work while they recover
  • Any household out-of-pocket expenses
  • Pain and suffering damages
  • Loss of quality of life damages
  • Possible punitive damages against a grossly negligent truck driver or trucking company

image

What should I ask for in a settlement?

When making an initial settlement demand, the accident victim should always ask for more than what he or she thinks the case is worth. There is no set rule, but it is not unreasonable to to ask for at least three times the amount of the medical expenses.

What questions should you ask your lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

What are the qualities of the best car accident lawyer?

The following are key qualities possessed by the best personal injury lawyers.Availability. It is prudent to search for a lawyer who is readily available whenever you require his or her services. ... Professionalism. ... Approachability. ... Sincerity. ... Record of Success.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•

Is it worth hiring a car accident lawyer?

While you aren’t required to hire a car accident lawyer, getting one can improve what you get as a settlement. Even after attorney’s fees are taken...

Should I get a lawyer for an accident that was my fault?

It’s best to get a lawyer for accidents where you aren’t at fault and seek to get a settlement or judgment from another party’s insurance carrier....

What is a fair settlement for pain and suffering?

The more severe your injuries, the more compensation you’re likely to receive for pain and suffering. Many factors go into calculating a pain and s...

What to do if you receive medical bills?

If you receive additional medical bills or other documents that substantiate your damages claim, tell your attorney and send them copies of relevant documents. If you're having money struggles as a result of your personal injury, tell your attorney .

What to do after a settlement?

If, after settlement negotiations, your attorney is unable to get an amount you're willing to accept, the next thing your attorney will do is begin the lawsuit. (Learn more about your options if you're at a personal injury settlement impasse .)

What is the first thing an attorney will do?

Investigation and Initial Demand. The first thing your attorney will do is get as much information as possible about your case. That means all relevant details related to the nature and extent of your injuries and a determination of fault for the underlying accident, including: medical bills. medical treatment history.

What happens if a case settles?

If your case settles, you will likely sign settlement and release forms. In essence, these forms say that in return for compensation, you agree to end your lawsuit against the defendant (or promise not to sue them in connection with the underlying accident). Learn more about working with your personal injury lawyer.

What is the process of personal injury lawsuit?

A personal injury lawsuit starts with the filing of the complaint, a legal document listing your legal arguments, the facts in support of those legal arguments, and what you demand in relief. After you file the complaint and serve it on the defendant (the person you're suing), ...

Can I refer my lawyer to my lawyer?

If they have legitimate questions or concerns about your case, you can refer them to your attorney. On a related note, unless your attorney advises you otherwise, do not sign any document relating to your case, and do not change doctors. Keep your lawyer updated.

Do personal injury lawyers get paid?

After all, most personal injury attorneys get paid on a contingency fee basis, meaning the lawyer doesn't recover fees for representing you unless you recover compensation from the at-fault party. Let's look at a few key aspects of a lawyer's role during a typical personal injury case.

How do car accident lawyers work?

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.

What is the first step in a car accident case?

The first step will involve you explaining the facts of the accident, and the damages you've sustained.

What documents do you need to file an accident claim?

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).

What to do after a car accident?

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.

Why do attorneys turn down cases?

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.

Can an attorney predict your chances of success?

But keep in mind that the attorney won't be able to accurately predict your chances of success and what type of damages award you can expect. There are so many variables and unknowns, including the overall unpredictability of personal injury lawsuits in general.

Do attorneys handle every aspect of a case?

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.

Finding the Best Car Accident Attorney

A car accident attorney is a type of personal injury attorney. You can be overwhelmed by the number of options there are in your area. It seems like every commercial, bus bench and billboard is offering the services of another attorney.

Why Do I Need an Auto Accident Lawyer?

It’s possible to handle an auto accident injury case on your own. You don’t necessarily need to hire a lawyer. That begs the question, why should you?

When Should You Look for an Auto Accident Lawyer?

While you can bring an attorney on to your case at any time before the settlement is closed by the insurance company, it’s best to get one as soon as you are injured. The attorney may recommend specialist doctors to help diagnose the case and get you the best care that you deserve.

Frequently Asked Questions

While you aren’t required to hire a car accident lawyer, getting one can improve what you get as a settlement. Even after attorney’s fees are taken out, most people get more than they would have if they tried to settle the case on their own.

Is an accident lawyer a medical opinion?

What? Your opinion matters, and don't let any accident lawyer tell you differently. No, it's not a "medical" opinion but it's valid nonetheless. If you feel as though some pain, injury, or condition is not healing and you fear permanency, you should explore it with your doctor and keep your lawyer in the loop.

Should a lawyer know about an injury?

If you know about an injury, your lawyer should know too. It's vital your lawyer knows everything. It is almost more important for your lawyer to be aware of something related to your body than it is for your doctor to be aware. Well, maybe equally as important.

What to do if time has passed since accident?

If time has passed since your accident, especially if you have not communicated with the insurance company or liable party at all, immediately consult a personal injury attorney to ensure your claim is still valid.

What happens if your insurance company denies your claim?

If the insurance company does deny your claim, an experienced personal injury attorney can appeal the denial and provide evidence to increase your odds of a successful resolution. 2. The insurance company delays responding to your claim or delays payment on your claim. Some time has passed since your accident, but you have received no response ...

What to do before accepting a settlement offer from insurance company?

Before accepting a settlement offer from the insurance company or the liable party in your accident, contact a personal injury attorney. Many will offer a free consultation that will give you a better idea of how much compensation you should expect, and how you should react to the terms offered in a given settlement.

What does an insurance company ask for in a personal injury claim?

An insurance company covering a personal injury claim may ask to see substantial evidence of the limitations caused by your injuries. The medical bills and medical records, which establish the extent of your injuries, are just the start. The insurance company will often want to know more about how those injuries affect your life, ...

Why do you need an attorney for a spinal cord injury?

Any time you suffer serious injuries in an accident, including traumatic brain injury, spinal cord injury, or amputation, working with an attorney is invaluable for seeking the compensation you deserve, as well as giving you a better understanding of the claims process and how much compensation you might expect.

What to do if you have an accident?

If you suffered serious injuries in your accident, you should contact an attorney as soon after the accident as possible. Severe injuries often leave the victims of those accidents with substantial medical bills, extended medical treatments, and in many cases, no or reduced income to help pay for those bills.

What is a personal injury claim?

A personal injury claim requires you to establish that another party caused your injuries. If you believe that happened, or that outside factors contributed to the accident, you probably need an attorney to collect evidence and pursue your personal injury claim. In many accidents, multiple parties may share liability.

What can affect your personal injury case?

Bankruptcy, divorce, criminal charges, etc, can all affect your injury case. Your personal injury lawyer is familiar with different areas of law and can work with other attorneys if needed. Your Accident.com lawyer will work with your other lawyer (from other practice areas) to reach a solution in your best interest.

What to do when an adjuster does not offer a fair settlement?

Sometimes when an adjuster does not offer a fair settlement, alternative methods of dispute resolution are necessary. Your lawyer is prepared to handle your arbitration, mediation, or trial when necessary. 1-3 Minute Form.

How to get medical records from accident.com?

1) Request medical records for you. 2) Review police reports and medical charts. 3) Communicate back and forth with your insurance adjuster. ‍. Accident.com lawyers do the heavy lifting, so you don’t have to.

Why is it important to hire a lawyer?

Hiring a lawyer is an important decision if you have large medical bills, lost wages, or were injured due to negligence. Accident.com connects you to a lawyer that makes sure you get paid everything you are entitled to. Your lawyer files your claim for you and then negotiates the amount of your settlement. If the insurance company is believed ...

What to expect after an accident?

A police report can be just a few notes, but more often they are extremely detailed records of the entire accident scene and those involved. You will come to appreciate this level of detail when it comes to defending your rights as an accident victim. Feb 26, 2019.

What is ccident.com?

ccident.com is inspired by our simple and important mission: “Ensure everyone in America gets fast and free access to legal advice and pursues the claims they are entitled to.” That means we’ve thoughtfully built our network of attorneys for every type of claimant who may come our way.

What to do if you are involved in an accident?

Always stop if you are involved in an accident, this is your legal obligation. 2. Never admit responsibility for the accident. 3. Check to see if anyone needs urgent medical care. 4. Contact the police (you need a police report to file an insurance claim). 5.

Why do you need an attorney?

You need an excellent attorney to help you build a strong case to present in court and negotiate a satisfactory settlement. Trust your instincts. You should have an attorney you’re comfortable with who works their hardest to maximize your recovery.

Who is Adam Kutner?

With more than 30 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.

Can a personal injury case settle before trial?

There is an art to negotiating a good settlement for a client, so a lawyer doesn’t necessarily try to settle a case before discovery or spend too much time showing the other side their cards.

Should I talk to a lawyer about my injury?

When you talk with your lawyer, they shouldn’t be a stranger. Instead, your lawyer should know you, and the facts of your case. If your lawyer is fuzzy about the details about your injuries or the status of the case, it may be time to hire a more experienced personal injury attorney.

image

Communicating with The Other Driver's Insurer

  • In any personal injury case, your lawyer will open up a line of communication with the insurance adjusterfor the other party (or parties) involved. The adjuster has the pocketbook, and so it is critical for a plaintiff's lawyer to have good communications and a good relationship with the adj…
See more on nolo.com

Obtaining Necessary Evidence of Liability

  • A good lawyer can help obtain all of the evidence that you will need to prove liability in a car accident claim. Although you may have already taken photographs of the accident scene, your lawyer will probably go back to the scene him/herself to see what it looks like. While a picture may be worth a thousand words, actually seeing the scene can be worth a thousand pictures. The la…
See more on nolo.com

Negotiating with Lien Holders

  • If you received benefits from a health, disability, or workers' compensation insurer, that insurer will have a lien on your claim. A lien means that the lien holder gets paid before you do, out of any settlement or judgment you receive. A good lawyer will work with the lien holder to try to get the lien holder to reduce its lien. This is important work. Every dollar less that the lien holder takes i…
See more on nolo.com

Negotiating with Insurers/Defendants

  • Negotiation is a very specific skill (some might even call it an art). A personal injury lawyer is always going to be far better at settling a car accident casethan a layperson would be. A good lawyer knows how much the case is worth and knows how to work the case and conduct the negotiations in order to arrive at the best outcome for the client.
See more on nolo.com