why is the district attorney a part of car accident

Who decides whether to charge a driver in a fatal car accident?

Jan 14, 2015 · An “accident” is unavoidable, absolving people of responsibility, but a “crash” or “collision” has causes and can be traced to people’s actions. In statements, DAs seem to understand this and claim to have dropped the word “accident” years ago. But in practice, they continue to call it an “accident” whenever a driver kills ...

Why do I need a lawyer after a car accident?

Mar 24, 2021 · The decision whether to charge a driver with a crime in a fatal car accident rests with the local district attorney, who will assess a variety of factors to determine whether a driver was “criminally culpable” in causing the death. District attorneys will often consider whether: The accident resulted from under the influence of drugs or alcohol.

What happens if the other driver is at fault in an accident?

Jun 05, 2020 · The Function of a Car Accident Attorney. The number one priority of a car accident attorney is to defend the rights of his or her client and seek compensation that is comparable to the stress and cost of the injuries. Some of the factors that will impact the size of your potential settlement include the size of your medical bills, the cost to repair or replace your vehicle, any …

What happens when a car accident results in a criminal case?

Sep 14, 2020 · Hiring an attorney after a car accident can give you an objective view of your case. When you meet with an attorney, they will review the facts of your accident, your injuries, time off work, etc., and tell you what your case is potentially worth.

The Function of a Car Accident Attorney

The number one priority of a car accident attorney is to defend the rights of his or her client and seek compensation that is comparable to the stress and cost of the injuries.

Understand Your Rights

The first job of a car accident attorney is to help you understand your rights. If you need a professional lawyer, this is probably the first time. Most people are not familiar with the numerous laws that surround motor vehicle accidents. Therefore, this is the primary role of a car accident attorney.

Negotiate a Fair Settlement

Once the case gets going, the other party (whether it is a driver or insurance company) could offer you a settlement. If you have been involved in an accident, you might not know how much your injury is worth. That is where a car accident attorney can be helpful.

How to find an attorney for a car accident?

If you are still undecided about finding an attorney for a car accident claim, here are five signs you need to hire one: 1 You sustained severe injuries in the accident; 2 You have concerns you cannot pay for your treatment costs; 3 The insurance company has denied liability and won’t pay for any of your treatment; 4 You missed time off work; or 5 You have been seeking medical treatment, but you’re not improving at all.

What happens if your insurance company denies your claim?

When the insurance company denies your claim, your only recourse is to file a lawsuit. Your attorney will continue to push settlement through the discovery process. If the other driver’s insurance company keeps denying liability, your attorney will prepare your case for trial.

What to expect when meeting with an attorney?

When you meet with an attorney, they will review the facts of your accident, your injuries, time off work, etc., and tell you what your case is potentially worth. Having this information is vital because it’s hard to remain objective when you are personally involved.

What is the goal of an adjuster?

Their goal is to gain information from you that they can use against you to reduce your claim’s value or deny it outright. The adjuster may offer you a small amount early on in the case in hopes you will settle. That way, they can close their file before you have additional treatment.

Does insurance pay for medical treatment?

The insurance company has denied liability and won’t pay for any of your treatment; You have been seeking medical treatment, but you’re not improving at all. Any time you have serious injuries or have been treating for several months without improvement, you need to contact an attorney.

Can a case go to trial?

If your case proceeds into litigation, you need an attorney who has the necessary experience to take your case all the way to trial. Many cases won’t ever go to trial, but there is always the chance.

Who is the attorney for a car crash in Martinsburg, West Virginia?

If you or a loved one has been injured in a car crash in West Virginia, contact the passionate and effective Martinsburg personal injury attorneys Burke, Schultz, Harman & Jenkinson at 304-263-0900 or (304) LAWYERS for a free consultation.

What to do after a car crash?

After a crash, you should be allowed to focus on your physical recovery. Haggling with insurance providers is a tedious, difficult endeavor, and dealing with these negotiations while trying to manage your recovery is going to harm both processes. Your personal injury lawyer will also ensure that you do not sign away more rights than you should while going through the settlement process. Additionally, if your case does go to court, it is vital to have someone acting on your behalf who understands the legal processes and procedures.

Can I take a low ball settlement?

Insurance companies and defense attorneys will try to get you to accept a low-ball settlement in order to end a matter quickly. If you are facing mounting medical expenses and other costs, it can be tempting to take an early settlement to get cash and/or coverage. A personal injury attorney can, however, help you calculate the full value of your claims so that you are not pressured into settling for a mere fraction of your claim’s total worth.

Common Causes of Car Accidents

Once the immediate impact of a car accident is over, determining fault is at first left to responding police officers. Official police reports, accident scene photos, witness statements, and more can serve as valuable evidence for future litigation.

Types of Car Accident Injuries and the Impact on Your Life

A serious car accident and your injuries can damage your quality of life. You may never return to your career or the hobbies you once enjoyed. The financial toll of a car accident is another negative impact that results from such an event.

Why You Need a Car Accident Attorney

Insurance companies often come calling soon after an accident. To protect their best interests, they want to settle the claim quickly and for the least amount of money possible. This isn’t fair, and you deserve proper compensation for your medical bills, lost wages, and pain and suffering.