car accident lawyer how work

by Webster Murazik 10 min read

What Will My Car Accident Lawyer Do?

  • Communicating with the Other Driver's Insurer. In any personal injury case, your lawyer will open up a line of communication with the insurance adjuster for the other party (or parties) ...
  • Obtaining Necessary Evidence of Liability. A good lawyer can help obtain all of the evidence that you will need to prove liability in a car accident claim.
  • Obtaining Necessary Evidence of Damages. This is where a good lawyer can be essential to your case, especially when you've suffered significant car accident injuries.
  • Negotiating With Lien Holders. If you received benefits from a health, disability, or workers' compensation insurer, that insurer will have a lien on your claim.
  • Negotiating With Insurers/Defendants. Negotiation is a very specific skill (some might even call it an art). ...

One of the best things about hiring a car accident lawyer is that you can do so without risk. These attorneys tend to work on a contingency fee basis, which means they only get paid if you collect compensation. When you do win, your attorney will receive a percentage of your settlement.

When should I seek a lawyer in a car accident?

You should collect basic information like:

  • Names and Contact Information of Witnesses, Including if Anyone Caught Video Evidence
  • Names and Contact Information of Anyone Involved in the Accident
  • Look in the Area for Anything That Could Have Captured Footage (Doorbell cameras, dash cams, traffic light cameras, surveillance cameras, etc.)

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When do you need to hire a car accident lawyer?

When to Hire a Car Accident Lawyer

  • FLORIDA. Retaining a competent and experienced auto accident attorney as soon as possible is vital if you are injured in a wreck.
  • ALABAMA. When do you need to hire an auto accident lawyer? ...
  • ARIZONA. ...
  • CALIFORNIA. ...
  • GEORGIA. ...
  • ILLINOIS. ...
  • INDIANA. ...
  • LOUISIANA. ...
  • MASSACHUSETTS. ...
  • NORTH DAKOTA. ...

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How do I choose a car accident lawyer?

How do I choose a car accident lawyer? To select a car accident lawyer, consider the lawyer's experience, focus, and reputation. While nearly any attorney can negotiate with insurers for a settlement, not all attorneys have amassed experience litigating a claim in a court of law.

How to find a good car accident lawyer?

Part 1 Part 1 of 4: Beginning Your Search Download Article

  1. Understand the benefits of a qualified lawyer. Personal injury is a specialized area of law. ...
  2. Identify your injury. Even something as obvious as a car accident has several parts. ...
  3. Start your case journal. Before you talk to a personal injury lawyer, write down what you know about the incident.
  4. Assemble your documentation. ...

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Did you know road accidents now represent the eighth highest leading cause of death in the world? Sadly, 1.35 million people lose their lives and up to 50 million people are injured in road traffic accidents every year

If you are injured in a car accident that wasn’t your fault, you can pursue compensatory damages. The first step is to contact a personal injury lawyer who has a wealth of experience in car accident cases.

What does a car accident lawyer do?

Car accidents can happen for numerous reasons. When a driver is negligent, reckless, or distracted, accidents are more likely to happen. Speeding, not paying attention to the road, and being under the influence of alcohol or drugs are just some of the causes of car accidents.

How does the claim process work?

The first step is to contact an experienced car accident lawyer to gain a free consultation. Once you have spoken to a potential lawyer and discussed your case, you can hire him or her to pursue financial compensation for you. Typically, lawyers only charge fees when a case is won.

Case Investigation and Discovery

The best car accident lawyer will begin by gathering as much information about the case as possible. The attorney may hire expert witnesses and use all the evidence available to determine the fault and show the nature and extent of injuries suffered by the client.

Discusses Claims With Insurance

When there is an accident, the auto insurance of the person and that of the other party will want to get information from the victim. Workers’ compensation insurance may also join in case of on-job injury.

Helps People to Understand Their Rights

Many drivers and road users aren’t conversant with personal injury laws regarding auto accidents. Therefore, it’s understandable when such individuals don’t know their rights. Furthermore, those who aren’t at fault aren’t supposed to pay for the resulting damages.

Represents People Throughout Work Compensation Process

Sometimes a car accident case may involve a workers compensation claim. A car accident lawyer can help such a person prepare and provide all the necessary reports and form submissions. If the insurance is unwilling to settle the claim, the lawyer can help the affected person with their petition for benefits.

Researches Product Defects

When a defective product is established as the possible cause of the accident, a lawyer will research similar incidents to put a strong case. In addition, the lawyer for a car accident will search for more information about the defective product on consumer and government websites and previous lawsuits.

Assesses the Extent of the Damage

After an accident, the affected person may be quick to notice immediate costs, but it’s only an experienced car accident injury lawyer who will help in looking at all the possible ways the accident will affect the victim.

Arranges for Non-Destructive Testing

When a defective product is responsible for an accident, the injured person should collect it before the manufacturer or insurance company. If such a product gets to the hands of the defendants’ team first, they may conduct destructive testing, thereby destroying it and making it harder for the plaintiffs to proceed with the case.

What to bring to an accident attorney meeting?

The attorney may ask you to bring certain documents to the meeting so that they can better understand your case. These may include medical bills, the police report of the accident, and correspondence with insurers, among other things. You should be aware that the attorney-client privilege will protect the contents of this conversation, so you should be as candid with the attorney as possible. This will help both sides determine the value of your case and whether it makes sense to move forward together.

What should I know when looking for an attorney?

They also should have experience handling cases similar to yours. Trial experience can be an important asset, since insurers may take a claim more seriously if they know that a victim’s attorney is willing to go to trial. You may also want to make sure that your attorney actually will be handling your case , rather than passing the work to paralegals or other assistants.

Can I handle my car accident claim on my own?

If a car accident was relatively minor, resulting in only property damage and minimal injuries, you may be able to handle the resulting insurance claim on your own. However, if you are suffering from catastrophic injuries after a serious accident, you may have a lot at stake in terms of medical bills, lost income, and other damages. The insurance company also may put more resources into contesting all or part of the claim. In these situations, or in situations in which liability is unclear, you may benefit greatly from hiring a car accident lawyer.

How can an attorney help you in a car accident?

Perhaps the most important way an attorney can help you with your car accident case is by being your advocate. This means that your attorney acts on your behalf and for your benefit throughout the entire claims process (negotiating with the automobile insurance company) and even in court if a lawsuit becomes necessary. He or she will be your champion before the judge, jury and other attorneys, making sure that your side of the story is heard and that you are compensated for all of your losses.

What does it mean to hire a personal injury attorney after a car accident?

Hiring a personal injury attorney to represent you after a car accident means you will have a professional working for you -- one who is extremely knowledgeable about the relevant laws and procedural rules that may affect your case.

How long do you have to file a lawsuit after a car accident?

For instance, in many states you must file your lawsuit within two years of your car accident or be forever prohibited from filing your lawsuit. An attorney will also be able to inform you about any special exceptions to the statute of limitations -- for minors, for example.

Can an attorney file a lawsuit?

Your attorney can file a lawsuit on your behalf and will know how best to mitigate any possible defenses raised by the other side. In addition, once your case gets under way, your lawyer will play an invaluable role in preparing your case for trial -- and even going to trial if your case doesn't settle.

Do you need an attorney for a car accident?

Usually, car accidents in volving serious or long-term injuries require an attorney to get the most desirable outcome.

Can an attorney do a car accident settlement?

After you have been in a car accident, taking on this time-consuming work may be the last thing you want to do, assuming you're able. An attorney can do it all for you.

Finding the Best Car Accident Attorney

A car accident attorney is a type of personal injury attorney. You can be overwhelmed by the number of options there are in your area. It seems like every commercial, bus bench and billboard is offering the services of another attorney.

Why Do I Need an Auto Accident Lawyer?

It’s possible to handle an auto accident injury case on your own. You don’t necessarily need to hire a lawyer. That begs the question, why should you?

When Should You Look for an Auto Accident Lawyer?

While you can bring an attorney on to your case at any time before the settlement is closed by the insurance company, it’s best to get one as soon as you are injured. The attorney may recommend specialist doctors to help diagnose the case and get you the best care that you deserve.

Frequently Asked Questions

While you aren’t required to hire a car accident lawyer, getting one can improve what you get as a settlement. Even after attorney’s fees are taken out, most people get more than they would have if they tried to settle the case on their own.

What does a car accident lawyer charge?

The typical car accident lawyer will charge a "contingency fee" to take on an injury case. A contingency fee means that the firm will not get paid any attorney's fees unless you recover money in ...

What to do if the other driver is at fault?

If the other driver is at fault for your car accident, you'll probably be able to hire a personal injury attorney on a "contingency fee" basis. Find out when it's worth the cost. If you've been in a car accident, and it's pretty clear that the other driver was at fault, you'll be looking for a plaintiff's car accident lawyer ...

What happens if you don't pay your personal injury fees?

If you cannot pay these fees, your case will likely not proceed until there is a payment. Other personal injury firms (typically large firms), will cover all fees and expenses. However, the fees and expenses will be deducted from your settlement or final judgment. Let's say you settled your car accident case for $100,000.

How much do personal injury lawyers get paid?

The percentage that a personal injury lawyer can receive in a contingency fee agreement varies, but typically ranges from 25 to 40 percent, and 33 percent (or one-third) is pretty standard. So, if you have a 33% contingency fee arrangement and you recover $90,000 in your car accident case, your attorney will receive around $30,000.

What does an insurance adjuster do?

This means the insurance adjuster will work to minimize your damages and try to get you to accept a very low settlement offer —they are in the business of making money, not spending it, after all. In that situation, having an experienced lawyer on your side becomes essential.

Do personal injury attorneys have to pay as they become due?

Many personal injury firms require the client to pay the above-mentioned fees as they become due. If your contract states that you are responsible for these costs, you can expect a personal injury firm to call you and seek payment as the fees become due.

Can you negotiate a fender bender settlement without a lawyer?

The general rule is this: The more serious the injuries, the greater the value of hiring a lawyer. If you were in a minor fender bender with little or no injuries, you can probably negotiate a personal injury settlement without a lawyer.

What happens if you get in a car accident?

If you are in an car accident that results in injury and/or destruction of property, you may decide to sue for reimbursement for your pain, medical expenses, and lost wages. An attorney specializing in personal injury can help you navigate this process. Your attorney may be able to settle your case out of court, or you may end up going to trial before a judge or jury.

What happens if you don't win a case?

Generally if you don’t win the case, the lawyer will waive his or her fees. Contingency may be charged as a flat percentage rate of any money you are awarded, or on a sliding scale, where the lawyer gets a higher percentage if the settlement is large, a lower percentage if the award is smaller.

Can an attorney settle a case out of court?

Your attorney may be able to settle your case out of court, or you may end up going to trial before a judge or jury. Most personal injury lawyers charge on contingency, which means that rather than paying costs up front, you agree to pay the case expenses and attorney fees from any settlement you receive.

Do lawyers take percentages of gross awards?

Some lawyers take a percentage of the gross award -- the amount you are awarded before expenses are deducted -- while others will take a percentage of the net award, the amount you are left after court costs. Be sure to understand how your attorney has calculated fees before signing a contract.

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Obtaining Necessary Evidence of Liability

  • A good lawyer can help obtain all of the evidence that you will need to prove liability in a car accident claim. Although you may have already taken photographs of the accident scene, your lawyer will probably go back to the scene him/herself to see what it looks like. While a picture m…
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Obtaining Necessary Evidence of Damages

  • This is where a good lawyer can be essential to your case, especially when you've suffered significant car accident injuries. It is critical to obtain all documentation related to your injuries, but it isn't always easy to get your hands on those records and bills from health care providers. Although the records are technically yours, and you have an absolute right to them, sending med…
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Negotiating with Lien Holders

  • If you received benefits from a health, disability, or workers' compensation insurer, that insurer will have a lien on your claim. A lien means that the lien holder gets paid before you do, out of any settlement or judgment you receive. A good lawyer will work with the lien holder to try to get the lien holder to reduce its lien. This is important work. Every dollar less that the lien holder takes i…
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Negotiating with Insurers/Defendants

  • Negotiation is a very specific skill (some might even call it an art). A personal injury lawyer is always going to be far better at settling a car accident casethan a layperson would be. A good lawyer knows how much the case is worth and knows how to work the case and conduct the negotiations in order to arrive at the best outcome for the client.
See more on nolo.com