how does a lawyer get car accident cases

The lawyer will make sure to get all of the accident or police reports in the case and will often speak with the investigating police officers and witnesses. A good lawyer will leave no stone unturned when it comes to obtaining evidence of liability. Learn more about proving fault for a car accident.

Full Answer

Do I need a lawyer for a car accident case?

Having the right lawyer on your side can make a big difference in the outcome of your car accident case. Most car accident attorneys charge for their services in a fairly unique way—as opposed to the hourly fee that many firms charge in other types of cases. The typical car accident lawyer will charge a "contingency fee" to take on an injury case.

How does a car accident lawyer get paid?

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 your case. The lawyer or law firm will get paid a percentage of money received from any or jury verdict (if the case goes all the way to trial).

How can a car accident lawyer help me recover my medical records?

While much depends on the specifics and the complexity of your car accident case, in general a lawyer can: communicate with your health care providers to obtain missing records work with your doctors to make sure they provide the medical information you need so that you can prove damages in your claim

Will My Lawyer take pictures of the accident scene?

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 may be worth a thousand words, actually seeing the scene can be worth a thousand pictures.

How to file a car accident claim?

While much depends on the specifics and the complexity of your car accident case, in general a lawyer can: 1 communicate with the other driver's insurer 2 obtain the necessary evidence with respect to fault for the accident 3 organize your medical records and bills 4 communicate with your health care providers to obtain missing records 5 work with your doctors to make sure they provide the medical information you need so that you can prove damages in your claim 6 organize and present the evidence in order to prove liability and damages 7 negotiate with lien holders on your claim (such as health, disability, or workers' compensation insurers) to potentially reduce the amount of those liens, and 8 negotiate a satisfactory settlement with the insurance adjuster or defense attorney.

How does a lawyer work with a lien holder?

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 is one more dollar that goes into your pocket. Learn more about health care provider liens on personal injury settlements.

What does it mean when a lien is negotiated?

A lien means that the lien holder gets paid before you do, out of any settlement or judgment you receive.

What is the role of an insurance adjuster in a personal injury case?

In any personal injury case, your lawyer will open up a line of communication with the insurance adjuster for the other party (or parties) involved. The adjuster has the pocketbook, and so it is critical for a plaintiff's lawyer to have good communications and a good relationship with the adjuster.

Why is it important to have a lawyer for a car accident?

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.

Which is better, a personal injury lawyer or a layperson?

A personal injury lawyer is always going to be far better at settling a car accident case than 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.

How to get lost medical records?

communicate with the other driver's insurer. obtain the necessary evidence with respect to fault for the accident. organize your medical records and bills. communicate with your health care providers to obtain missing records .

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 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.

What is contingency fee?

A contingency fee means that the firm will not get paid any attorney's fees unless you recover money in your case. The lawyer or law firm will get paid a percentage of money received from any car insurance settlement or jury verdict (if the case goes all the way to trial). In this article, we'll take a closer look at how contingency fees work ...

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 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 you don't understand the contingency fee?

If you do not understand the fee arrangement as stated in the contract, ask your attorney to explain it to you. Also, just like everything in a contract, the fee is negotiable.

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 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.

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 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.

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 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.

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.

How long does a car wreck last?

Depending on where the crash happened, the state might have a two- or three-year statute of limitations. Your car wreck attorney must file a case in court to preserve your rights before the statute of limitations runs. You should understand that negotiations can continue even if you file in court.

Should I accept a settlement offer or go to trial?

There is one key factor that you should consider when deciding whether you should accept a settlement offer or go to trial. You should know if the attorney you chose to represent you has a reputation for taking cases to trial or if they fold when the trial date approaches. Do your research, and take advantage of free consultations with reputable lawyers. Some lawyers avoid taking cases to court and may even hand your case off to another attorney if they are unable to settle. If you choose someone with courtroom experience, you can feel confident that they will be able to handle your case no matter what path it takes.

Difference between Personal Injury and Criminal Law

Many people assume they need a criminal lawyer when they have been named as a defendant in a car accident lawsuit. This isn’t the case. Instead, they need a lawyer experienced in personal injury, but one who represents those sued. These people are generally called “defense counsel.”

Check with Your Insurer

Most bodily injury liability insurance policies include paying for an attorney to defend you if you are named as the defendant in a lawsuit. Take out your policy and check. If the insurer is paying, they probably want the power to select the lawyer. You can call your insurer and discuss whether they will cover legal help.

Life-Threatening or Life-Altering Injuries

Car accidents can cause injuries from a scale of normal bruises and fractures to life-altering conditions and even death.

Accidents Involving Heavy Transport Vehicles or Professional Drivers

In accidents where the other party is a truck or delivery driver, it will be hard to fight the case without a lawyer as those drivers are professionals. Accidents with these commercial vehicles are tough cases as these drivers will be working under strict standards given directly by the state.

Statute Of Limitations

In any legal case, the victim will have a period from the time of the accident, during which they can file a case. If the victim fails to file a case or does so after this time period, then the case will be hard to win. Some courts may not even consider the case.

Communicating with The Other Driver's Insurer

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 may be worth a thousand words, actually seeing the scene can be ...

See more on nolo.com

Obtaining Necessary Evidence of Damages

Negotiating with Lien Holders

Negotiating with Insurers/Defendants