After a car accident, victims can experience severe and lasting injuries. These injuries can impact a victim’s quality of life and the ability to earn an income.
A skilled attorney can enlist experts in medical and economic fields to help support your claim. These experts will strengthen your case by determining the extent of your losses and quantifying their value.
Determining Liability
Liability is a critical factor in car accident cases, as it determines who is responsible for the injuries and property damage that result from a crash. It also impacts how much an accident victim can receive in compensation.
A court will usually decide who is liable for the incident based on various evidence, such as testimony from witnesses, medical professionals, police officers, and experts in collision reconstruction. It may also consider other factors such as state law, precedent from previous cases, uninsured motorist coverage, and the parties’ lawyers’ arguments.
In some states, a jury will also determine liability in a lawsuit. Generally, the person who is deemed liable is responsible for all the expenses that a victim incurs in a car accident, such as repairs to their vehicle, medical bills, therapy visits, and lost wages from time away from work. However, some states use a comparative negligence system that allows victims to go after damages reduced by their percentage of responsibility.
Negotiating with Insurance Companies
Dealing with insurance companies regarding car accident claims can be difficult. You must be prepared to negotiate a fair settlement, whether it’s the other driver’s insurer or your own company.
The first offer from the insurance adjuster will almost always be less than your claim is worth, and it’s never a good idea to accept that offer. Instead, you should send the insurance company a detailed demand letter explaining your injuries, medical treatment, lost wages, and other damages, along with a counteroffer.
You should also gather estimates of your vehicle’s value before negotiating and be prepared for the insurance company to try reducing the settlement by charging you for “betterment.” This is when they consider new parts or repairs that make your car more valuable than at the time of the accident.
The negotiation process often goes back and forth for an extended period before both sides agree to a fair number that both parties are comfortable with, at which point the insurance company will cut you a check. During that process, you and your attorney should always keep detailed notes of conversations and ensure that everything discussed is memorialized in a dated written contract.
Filing a Claim
In many cases, the insurance company will ask to see any damage to your vehicle and will want to interview witnesses. At this point, it is crucial to remember that it is best to stick to the facts. This isn’t the time to speculate about what happened or accept fault.
The severity of your injuries can also significantly impact how a case progresses and the compensation you will receive. From whiplash to fractures and spinal and traumatic brain injuries, the effects of an accident can range from minor to life-changing.
A reputable injury attorney can skillfully protect your rights and advocate to ensure you receive total and fair compensation for your losses. This includes past and future medical expenses, lost income, property damage, pain and suffering, and other damages. Depending on the circumstances, an attorney can also help you resolve your claim through alternative dispute resolution methods such as mediation or arbitration.
Representing You in Court
A knowledgeable attorney will serve as your advocate and navigate the complexities of legal procedures and insurance company negotiations. Ask your prospective lawyer about their experience and the results of previous cases similar to yours.
In car accident cases involving multiple parties, determining liability is often complex. An experienced injury attorney can use police reports, witness statements, and accident reconstruction experts to help you establish fault. They can also understand the intricacies of shared liability scenarios and guide settlement negotiations.
In addition, an experienced injury attorney will be prepared to take your case to trial if necessary. This demonstrates their commitment to achieving justice for your injuries and losses. They will also ensure that your claim’s value accurately reflects present and future damages. The right attorney will also estimate how long it may take to settle your case, which can help you prepare financially. This is particularly important if your attorney represents multiple passengers in a car accident with a liable driver.
