After a car accident, having a skilled lawyer by your side is crucial. A car accident lawyer guides you through the complex aftermath, handling insurance negotiations and legal battles to ensure you receive proper compensation. This guide explains a car accident lawyer’s essential roles and responsibilities.
Key Takeaways
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Car accident lawyers manage everything after an accident – from proving fault to negotiating with insurers
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They work on contingency (no upfront fees) and excel at negotiating inside and outside the courtroom
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Hire one immediately after an accident to protect your rights and compensation
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The Lawyer’s Role
Think of a car accident lawyer as your advocate after a traumatic crash. They:
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Guide you through the confusing aftermath and fight for your rightful compensation
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Investigate diligently to determine fault and gather robust evidence supporting your case
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Skillfully negotiate with insurance companies to obtain a fair settlement for you
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If needed, powerfully argue your case in court to maximize your compensation
Establishing Fault and Evidence
Right away, your lawyer will begin working to:
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Determine who was at fault through analysis of eyewitness accounts, police reports, photos, etc.
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Gather and preserve all available evidence, including interviewing witnesses promptly
Proving the other party was negligent or careless is key. Delaying evidence collection risks losing crucial information.
Insurance Negotiations
Dealing with car insurance companies alone after an accident is enormously challenging. Insurance adjusters will often make lowball settlement offers or employ a strategy of “deny the claim, delay the payment, defend the lawsuit.” Your lawyer advocates relentlessly, ensuring you get maximum compensation by:
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Submitting a thorough demand package detailing all damages and losses
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Evaluating the insurer’s assessment and negotiating counteroffer(s)
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Continuing back-and-forth negotiations until an acceptable settlement is reached
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Filing a lawsuit if settlement cannot be reached
Court Representation
If settlement negotiations fail, your lawyer represents you in court with aggressive litigation. Even up until the point of trial, they may still pursue a settlement agreement through skilled negotiating. Strong legal representation significantly improves your chances of a favorable outcome.
Types of Car Accident Cases Handled by Personal Injury Lawyers
Car accident lawyers handle injury cases from:
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Rear-end collisions (often the rear driver’s fault)
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Side-impact crashes like T-bones and sideswipes
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Truck and commercial vehicle accidents
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Hit-and-run incidents
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Any accident caused by negligence
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Assessing Damages
Your lawyer calculates all damages owed, including:
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Lost wages from injuries (current and future if permanent)
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Medical bills and costs from injuries
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Any future medical care that you may require
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The value of any scarring or permanent injury
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Non-economic damages like pain/suffering, emotional distress, disfigurement
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Partnering With Medical Professionals & Experts
Medical documentation is crucial for proving injury severities. If needed, your car accident attorney will work together with your doctor and/or other experts to prove the connection between the accident and your injuries.
Deadlines and Laws
Acting quickly is vital – there are strict time limits (statute of limitations) for filing a personal injury claim. In Virginia, the statute of limitations for personal injury claims, including those arising from car accidents, is generally two years from the accident date. This means you have a two year timeframe from the date of the accident to settle your claim for compensation for your injuries and damages or to file a lawsuit.
You should know that there are some exceptions to the two year statute of limitations (and even some cases where you have less time to resolve your case). An experienced local lawyer understands the relevant statutes and leverages them strategically.
Fees and Costs
Almost all auto accident lawyers work on a contingency fee basis, meaning that the lawyer will only be paid if they win your case. At some firms, the fee is as high as 40 or 45% if the case goes to trial. At BenGlassLaw, our fee is one-third of the settlement or verdict and does not increase if a lawsuit needs to be filed or even if the case goes to trial.
When to Hire A Car Accident Lawyer
After getting any medical attention, you’ll want to hire a car accident attorney ASAP – as in, before talking to the insurance company. Talking to a lawyer does not mean that you need to hire a lawyer, but you will want to at least understand your options and make an informed decision. Some cases do not require legal help.
Choosing Your Lawyer
Select an accomplished personal injury lawyer with:
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Extensive car accident case experience and positive track record
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Specialized personal injury expertise
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A communication style compatible with your preferences
You’ll be working closely with your lawyer and their team during your case – so why not make it a pleasant experience? Doing research so you can choose a personal injury law firm that you feel confident and connected to makes a world of difference in a very difficult time of your life after your car accident injuries.
The Settlement Process
Most claims settle out of court if both parties agree on compensation. If not, your case proceeds to trial which can take over a year.
Once you accept a settlement amount, you forfeit your right to sue. But if negotiations fail, you maintain the option of taking your case to civil court.
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