After a car accident you may have suffered injuries that may have left you unable to work and live life as normal, and you might also have to deal with mounting medical bills and related expenses. It can all be difficult to bear alone.
Fortunately, you don’t have to face your difficulties alone. A skilled Philadelphia car accident attorney can take over your injury claim and pursue justice on your behalf.
But what exactly does a lawyer do, and how can hiring one directly benefit your case? In short, hiring an attorney can give you immense peace of mind and a greater chance of obtaining the compensation you need and deserve.
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Why a Car Accident Attorney is Key to the Success of Your Claim
Following an auto collision, you may receive advice to speak with a car accident lawyer. Whether or not you immediately call a local law firm and schedule a consultation. An attorney works for you and improves the chance of success of your injury claim.
Handling a car accident claim is no easy feat, especially if you have little to no experience with insurance companies. This is where a car accident attorney comes in.
When you hire an experienced lawyer, you’re putting your case in the most capable hands. Instead of having to handle everything alone, you can trust your attorney to do it all for you, allowing you to focus on other important things, like your physical healing. Having a fierce advocate on your side can give you the confidence you need during a confusing time.
Throughout your case, your lawyer will wear many hats. They’ll act as your support system when you have questions and concerns while handling every case-related task, so you don’t have to. Your attorney will represent your best interests from beginning to end, working hard to get you a beneficial case result.
Most importantly, a lawyer increases the likelihood of a successful outcome. An attorney is your greatest ally when you need compensation after a car accident.
What a Car Accident Lawyer Can Do for You Following a Collision
So, what exactly does a car accident attorney do for your case? Throughout the claim process, your lawyer handles a wide variety of tasks in a timely and efficient manner – the following are some of the most crucial ones.
Advise You on Your Legal Rights and Options
Car accident victims have certain rights, and you want to ensure you protect these rights to safeguard your ability to pursue fair compensation. During your first meeting, a car accident lawyer can explain your legal rights as an accident victim and give you a better idea of what you can expect throughout the process.
Additionally, the options for pursuing compensation vary depending on the specifics of your situation. Your attorney can explain these options and work with you to develop a strong case strategy.
Communicate with the Insurance Company
Insurance companies are particularly difficult to deal with; no one knows this better than a car accident lawyer. Attorneys utilize their skills and experience to more efficiently communicate with the insurance company and its lawyers and representatives to help ensure your claim runs as smoothly as possible.
Whether you’re dealing with your own insurance company or the other driver’s insurer, it’s helpful to understand that these companies always seek their best interests. For this reason, they try to minimize their liability and avoid paying you what your claim is worth.
When you have a lawyer working on your case, you don’t have to worry about this. Insurance companies are less likely to have their way when an accident victim is well-represented, as lawyers are familiar with their schemes all too well.
Your attorney can protect your rights throughout your claim and leave little room for the insurance company to take advantage of you.
Investigate and Recover Evidence
Your lawyer may investigate your accident to uncover crucial details and information. Some attorneys handle investigations themselves or tap into their network of proficient professionals for assistance.
Also, your lawyer will request and obtain pertinent evidence.
Evidence plays a significant role in car accident cases, with some of the most critical pieces of evidence including:
- Surveillance and traffic camera footage
- Photos and videos
- Police reports
- Witness statements
- Black box data
- Medical records and bills
Gathering evidence can help prove your claims and strengthen your case.
Handle Your Insurance Claim
Insurance claims can be tricky to navigate, and you don’t want to make any mistakes during the process that can negatively affect the outcome of your claim.
Depending on your state’s laws, your state may operate under either fault or no-fault rules. In a fault state, you can pursue compensation from the liable party’s insurance company through a third-party insurance claim. This allows you to seek fair compensation from the appropriate at-fault party.
On the other hand, in a no-fault state, proving fault is not immediately necessary. You file an injury through your own no-fault insurance to help recover monetarily and cover accident-related expenses and losses.
If your injuries are serious and your losses exceed your no-fault coverage, your attorney can advise whether you should pursue a third-party claim, which is only available in no-fault states under certain circumstances. If so, you will need to prove fault.
In some situations, multiple parties might share liability for your car accident and injuries. Your car accident attorney might pursue claims with more than one insurer, or they might leave it up to the insurance companies to fight it out over who pays what percentage of the claim. They will make this complicated legal determination.
Regardless of your state’s fault laws and the type of injury claim you file, your car accident lawyer can handle the process and work toward the best possible results.
File an Injury Lawsuit
Sometimes, filing an insurance claim is all you need to get the compensation you deserve. The insurance company may approve your claim and provide the financial recovery that adequately represents the value of your losses. However, this isn’t always the case.
If the insurance company is unwilling to settle your claim fairly, your lawyer may need to take legal action. Your attorney can start by sending the company a demand letter detailing the specifics of your accident and losses and asking for a certain dollar amount that properly depicts the value of your claim.
When filing a lawsuit is the next best step, you can rely on your attorney to handle everything on your behalf, including drafting your petition and filing it with the court. Once your lawsuit is underway, your lawyer will handle one of the essential parts of legal claims: discovery.
Discovery allows both sides to request and obtain critical information for their cases through certain legal tools, including depositions and interrogatories. During this time, your lawyer works hard to further build and strengthen your case to achieve a beneficial outcome.
The thought of having to go through a lawsuit can be scary and add to your feelings of stress and doubt. Luckily, when you have a car accident lawyer, you can feel self-assured as you allow your attorney to do everything necessary.
Establish Cause and Fault
Determining the cause of your accident and establishing fault are two of the key pieces to the car accident claim puzzle.
First, your attorney must figure out what caused your accident.
Collisions often result from dangerous driving behaviors, including:
- Distracted driving
- Fatigued driving
- Speeding and aggressive driving
- Failure to yield
- Running red lights and stop signs
Additionally, other factors can contribute to collisions, including malfunctions, hazardous road conditions, and inclement weather.
Once your lawyer knows what caused your accident, they must determine who you can hold financially responsible—another driver, a governmental entity, or a product manufacturer, to name a few. In some cases, more than one party shares liability for a collision.
Your car accident attorney can definitively answer the question of cause and fault, getting you one step closer to compensation.
Calculate the Value of Your Monetary and Non-Monetary Losses
To get the right amount of financial recovery, you need to understand the monetary value of your case. Your attorney can assess your losses and calculate your damages.
Damages for car accident cases vary by case, but you can recover compensation for:
- Medical expenses, including hospital stays, medication, and in-home care
- Therapy and rehabilitation
- Property damage
- Lost earnings
- Mental and emotional distress
- Disability
Determining how much your case is worth requires looking at:
- The extent and severity of your injuries
- Whether you’ve suffered any complications as a result of your injuries
- The total cost of your medical treatment
- Whether you’ll require medical care for your accident-related injuries in the future
- Whether you’ve had to take time off work
- The total of your lost earnings
- How your accident has affected you mentally and emotionally
- Any other economic and non-economic losses stemming from your collision
Calculating your damages requires a car accident attorney. Your lawyer can ensure you get full and fair compensation.
Negotiate with the Insurance Company
Negotiation is a vital part of car accident cases. During settlement negotiations, parties communicate back and forth, trying to come up with a settlement agreement that works for everyone.
Settlement negotiations are often a lawyer’s time to shine. Throughout the negotiation process, your lawyer will advocate for your rights to compensation for your accident-related injuries, expenses, and losses. You can trust your attorney will do everything to get the best possible result.
When a car accident case ends in a successful negotiation, like most personal injury cases do, your case is officially resolved.
Take Your Case to Court
While most cases settle pre-trial, some cases require going to court. If your lawyer believes going to trial is the best option for your case, trust their professional judgment.
Both sides present their arguments, evidence, and testimony during the trial. The trial length is based on the case’s complexity—some last only a day, while others last several days. Once parties have presented their cases to the judge (and sometimes a jury), you’ll receive the verdict, representing your case’s end.
When is the Best Time to Consult with a Car Accident Attorney?
Simply put, the sooner you meet with a lawyer, the better for your case. Your state’s statute of limitations limits the amount of time you have to file a lawsuit in court, which can damage your ability to obtain monetary recovery.
Every state’s statute of limitations for personal injury cases varies but usually ranges between one and six years. The thought of having years to file your case may give you a false sense of security, but in reality, time goes by rather quickly, and you can lose your chance to pursue compensation.
As soon as you hire your car accident lawyer, they can begin working on your case. The pre-filing phase of your case can be time-consuming, so giving your attorney enough time can greatly benefit the outcome of your case.
After a Car Accident, Allow a Lawyer to Take On Your Case
A seasoned car accident lawyer can do much more for you than you can do for yourself following an auto collision. Even if you’re normally a do it yourself person, an injury claim is not the right project to take on alone.
Among the many things a Philadelphia personal injury attorney can do for you and your case, they can provide the support you need during your most challenging moments, protect your rights, and give you the best shot of getting the compensation you deserve.