what type of attorney deals with car accidents defense

What kind of lawyers are needed for auto accidents?

Mar 06, 2020 · If a person was injured in an accident, they typically hire a lawyer on contingency. With this type of arrangement, the client pays no upfront legal fees. Instead, they agree that their attorney can take a percentage of any settlement or court award in their favor. Contingency fee agreements aren’t available for defendants in car accident cases because the defendant does …

When to get an attorney for a car accident?

Dec 21, 2015 · 4 attorney answers. Your insurance carrier will appoint an attorney to defend you. If you want someone to oversee the situation, I suggest you retain a civil defense attorney who routinely defends car accident cases and who does not …

When do you need to hire a car accident lawyer?

Feb 07, 2020 · But in a personal injury lawsuit, car accident defense attorneys will do everything they can to prove that the plaintiff’s claim is not valid. In this post, personal injury attorney Joseph Greenwald, Jr. will explain some of the methods that car accident defense attorneys use, and how he counters them.

How to find the best auto accident lawyer?

For a free legal consultation, call 404-400-4000. Talk to a Georgia Car Accident Lawyer for Free Today. At John Foy & Associates, our lawyers have been dealing with a variety of car accident cases for the last 20 plus years. We truly care about our clients, and we have one main goal: getting you the fullest compensation possible for your damages.

Lars A. Lundeen

Your insurance carrier will appoint an attorney to defend you. If you want someone to oversee the situation, I suggest you retain a civil defense attorney who routinely defends car accident cases and who does not work for the insurance company who insures you...

Shane Michael O'Rourke

Personal injury attorney/civil litigator. You will be charged on an hourly basis as this is not a contingency or flat fee type case.

Jack Jay Boltax

you should hire a personal injury attorney who handles defense of personal injury cases. However, if you have insurance, whether the policy can cover the damages or not, the insurance company usually has a duty to defend the insured, meaning they will supply the attorney.

Giacomo Jacques Behar

Either a reputable personal injury or "litigation" (referred to as "consumer") attorney will work, but you will be charged on an "hourly fee" basis. Locate an excellent attorney in your area by using Avvo's "find a lawyer" feature located on top of this page.

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 comparative negligence?

Comparative negligence is an affirmative defense that is frequently used by a defendant in a negligence lawsuit ( e.g., like an auto accident claim). The basic concept behind this theory is that the plaintiff to the lawsuit has somehow contributed to their own injuries.

What is contributory negligence?

In other words, under a contributory negligence theory, if a victim contributed to their injuries in any way, they will not be allowed to recover damages. Some common examples of negligent behavior that may bar a party to an auto accident from bringing a lawsuit in a contributory negligence state include:

Is contributory negligence a defense?

However, it is only available as a defense in a select number of states. That being said, contributory negligence is very similar to comparative negligence, but when argued successfully, it will completely bar a plaintiff from even bringing a lawsuit.

Can you be sued for an auto accident?

Getting into an auto accident, especially a critical one, can sometimes result in a civil lawsuit against the person who is at fault for the accident. However, there may be several defenses that the party being sued can raise, which can help either prove that they were not at fault for the accident, or at the very least, ...

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If you are at fault for the car accident

If you caused an accident which resulted to injury or property damage to another party, you can be held criminally and civilly liable for it. Your liability can get mitigated or even squashed if you have a good defense attorney on your side.

If you had no fault at all in the accident

There are moments when other people are quick to blame for accidents they themselves caused and you may find yourself at the end of that pointing finger. Don't just be complacent about the fact that you are innocent will automatically absolve you on any wrong-doing, you also have to be proactive in your defense.

If you were partially at fault

Supposing that you were at fault for having caused the accident but that the other party is also to blame for having aggravated the injury or the damage, does it mean that both wrongs would cancel each other out? Unfortunately, unless you set up a defense yourself, you will likely incur all the liability in a crash that you may be just partially at fault for.

Why do you need an attorney for an accident?

An attorney will help ensure that you walk away with a fair amount of money from your insurance company. If the insurance company doesn’t want to budge, an attorney’s threat to file a lawsuit may change their minds. It may also be beneficial to hire a lawyer if your accident involved any of the following:

Who specializes in auto accidents?

If you know the extent of your injuries and you’ve yet to hire a lawyer, you can take things a step further by choosing a lawyer who not only specializes in auto accidents, but also specializes in the type of injury you’ve sustained.

What is modified comparative negligence?

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.

What does comparative negligence mean?

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.

What states have contributory negligence?

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.

What is procedural defense?

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.