Aug 05, 2019 · If you have been injured in a motor vehicle accident in Florida, it is very important to consult with an experienced Miami auto accident attorney immediately. Florida auto accident victims have only 14 days to seek initial medical attention to receive insurance benefits after an accident, so it is important you are seen by a doctor as soon as possible following the accident …
If you are the victim of a car accident or fall, you should consult with a lawyer IMMEDIATELY (or at least as quickly as possible). Why? The first is the determination of who is at fault for the dispute; and the second is determining the appropriate remedy – in the injury setting, this is determining the damages – compensation for the injury.
Similarly, most personal injury claims must be brought within two years of the injury. However, some injury claims must be brought within one year. An attorney can determine the statute of limitation that applies to your specific legal claims.
Statute of Limitations. If you wait too long after an accident, you may not be eligible to bring legal action against the other driver in your car accident case. In Kentucky, the statute of limitations is 2 years after the accident or 2 years after the last no-fault medical payment.
It is very important to procure an attorney immediately after you are injured so that the attorney can get to work collecting evidence for your case. Evidence is your best weapon during a lawsuit. Evidence carries a lot of weight in court, and sometimes just a single piece of evidence is the lynchpin for winning a case. There are many pieces of evidence that need to be collected soon after the injury occurred in order to preserve it for trial.
The statute of limitations is a limited period of time or window of opportunity in which you have to assert your legal claim against the individual or entity that harmed you. If you do not bring your claim within the statute of limitations, you forfeit your right to initiate a lawsuit at a later time.
If you delay in contacting an auto accident attorney about your case, you may be losing out on your ability to get the money you need to pay for medical bills or for car repair or replacement.
Accident victims have so many things to worry about – property damage, medical expenses, dealing with the other driver and insurance companies – that often the thought of hiring legal representation is forgotten or never considered. If you have been injured in an auto accident or if you have been involved in a wreck with a negligent driver, ...
An attorney representing you can collect evidence such as: 1 Photos of the accident scene 2 Photos of the damaged vehicle 3 Police crash reports 4 Eyewitness statements 5 Information from a vehicle’s event data recorder 6 Medical and work records 7 Electronic evidence including cell phone records 8 Manufacturer records and recall information
Electronic evidence including cell phone records. Manufacturer records and recall information. An attorney can gather all of this information as well as consult with other experts to put together a strong case for you in order to negotiate a settlement with insurance companies both inside and outside the courtroom.
Hiring a personal injury attorney can help make sure that you get all of the remedies that are available to resolve your claim. An attorney representing you can collect evidence such as: Photos of the accident scene. Photos of the damaged vehicle.
In Kentucky, the statute of limitations is 2 years after the accident or 2 years after the last no-fault medical payment.
Follow these steps after you have been in a car accident: Always contact the police. They will provide official documentation of the wreck and investigate at the scene in an attempt to determine who is at fault. Seek medical treatment for any injuries you incur.
If the following is true of an accident, it is unlikely that the insurance company will lowball you: 1 There was only property damage, and nobody was hurt or killed. 2 You suffered minor or no physical injuries. 3 The settlement you deserve is relatively small.
You are not legally obligated to hire a lawyer after a car accident. The only reason you need a lawyer after a car accident is if you are being sued or decide to sue the other driver.
If you’ve agreed to take the case to court, it’ll take about a month for the lawyers to prepare the motor vehicle accident lawsuit. The suit will be filed in the home county of the defendant or where the collision took place. The suit officially begins when the sheriff or a server give the lawsuit, by hand, to the defendant (or his/her guardians).
After the demand is sent, the insurance company usually takes 30-60 days to respond. They will either accept your demand or, more likely, counter with another offer. After the process of offers and counter-offers finalizes, if you and your lawyer agree with the terms, then the case settles. It will take about a month after the settlement is agreed up for you to receive a check. If you and your lawyer don’t agree with the final proposed offer or your lawyer advises you to go court, then the case moves to litigation…
A demand is the letter your lawyer will submit detailing the compensation you’re requesting after the accident (in other words, how much money will be needed to recover your expenses, losses, and loss of enjoyment of life/pain and suffering). To prepare this demand, your lawyer will follow a few steps:
In the course of discovery, the parties may find that the case can be settled with mediation. In some cases, the court may order mediation, but otherwise, mediation is optional. A mediator will help settle terms by working with both parties in private discussions to come to an agreement. This can be smoother and quicker than trial, but is not always the best solution for all cases.
For example, if you're expecting a $100,000 settlement without the benefit of counsel, a lawyer would need to get you more than $150,000 to make it worth the bother. Believe it or not, most attorneys give honest opinions on whether or not it would be worth your while to hire an attorney or take any easy settlement.
It is important, however, to have a high level of confidence that something unexpected isn't going to happen. Once you sign off on an agreement, you'll likely never have the chance to seek more money ever again.
In a lot of instances, insurance companies do in fact do their jobs as expected. There are definitely situations where you'd want an attorney to be involved, but there are also times when obtaining counsel is simply overkill. Let's take a look at some of the cases where you may NOT need to hire an attorney after an accident.
Generally, if no people were hurt, or there was no damage ( no broken bones or potentially lingering injuries that cause you to miss more than a couple days of work), then it may not be worthwhile pursuing a personal injury claim. Just be careful making this judgment of “no injuries” yourself.
You're certainly entitled to have counsel present to protect your rights in small claims court . The law firm, however, is likely going to expect a fee for their services rather than working on contingency, since the expected recovery would be very small. It depends on the situation.
The paperwork does not look accurate ( police report, insurance communications) Details are complicated (technical, legal, medical) Insurance is not playing nice. You do, however, have to ask if paying an attorney to recovery $10,000 in damages is worth the bother if you end up handing over $5,000 to the law firm.
In law, it is not often there is a simple, unequivocal answer to a question, but when it comes to how long after an accident you should wait to call an attorney, there is no gray area: Find a lawyer as soon as you can. There are many reasons this is the case, including:
Any delay in contacting a lawyer can have a detrimental effect on your personal injury case, so you should contact a lawyer as soon as you can after an accident. To schedule a free consultation with a St. Louis car accident lawyer, call Page Law today at 314-322-8515 or contact us online.