how to deal with your lawyer during an auto accident case

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.

Full Answer

When do you need to hire a car accident lawyer?

Our car accident lawyers work on a contingency fee basis which, to put it plainly, means that if we don't win your case or negotiate a fair settlement, we don't receive payment for our services. Because of this, we are particular in the cases we accept.

When to get an attorney for a car accident?

Aug 31, 2017 · Your lawyer will have some idea. It is true that it can be a broad range based upon discovery, liability and unknown medical issues. At the very least, your lawyer should be able to provide a spectrum and explain the unknowns to you. Use your own judgment. Do not be fooled by lawyers who make promises that seem unrealistic.

How to find the right car accident attorney for You?

If you are unable to settle your accident case, your attorney can take care of filing the necessary paperwork to start a court case and can deal with the defense attorneys on your behalf. Having a seasoned professional navigate the day to day work of your case eases the burden on you so that you can focus on recovering from your injuries.

Do I need an attorney for a car accident?

Dec 26, 2016 · Ask your attorney about their callback policy – ours is 48 hours guaranteed. Statute of Limitations. Inexperienced personal injury attorneys may not realize that they have two years to file motor vehicle collision lawsuits, but only one for a slip and fall. If you attorney misses the deadline, your claim is finished. Understanding Insurance Companies

How do you ask for more money in a settlement?

Send a Detailed Demand Letter to the Insurance Company Because the insurance company will likely reply with an offer for an amount lower than what you've asked for in the demand letter, you should ask for between 25 and 100 percent more than what you would be willing to settle for.

How do I negotiate more money from a car accident claim?

Know What the Car Insurance Policy Says. There's no point in negotiating for something the insurance policy does not cover. ... Have a Number in Mind. ... Don't Be Upset by the First Offer. ... Be Patient but Persistent. ... Accepting an Offer. ... Get Professional Legal Help Negotiating a Car Accident Settlement.Nov 30, 2018

How do you negotiate pain and suffering?

How to Negotiate Pain and Suffering in a Car Accident ClaimPrepare well. ... Learn about pain and suffering. ... Keep your tone with the adjuster professional. ... Explain how the injury affected your life. ... Do not be shy. ... Tell the insurance adjuster how painful the whole experience was. ... Explain how painful the treatment was.More items...

Should I accept the first compensation offer?

Should I accept the first compensation offer? Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.

What should you not say to an insurance adjuster?

The top 5 things to not say to an insurance adjuster are admitting fault, saying that you are not hurt, describing your injuries, speculating about what happened, or saying anything on the record. Doing any of these things after a car accident can undermine your insurance and personal injury claim.Nov 23, 2021

Why do lawyers take so long to settle a case?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.May 28, 2020

How do you respond to a low settlement offer?

Steps to Respond to a Low Settlement OfferRemain Calm and Analyze Your Offer. Just like anything in life, it's never a good idea to respond emotionally after receiving a low offer. ... Ask Questions. ... Present the Facts. ... Develop a Counteroffer. ... Respond in Writing.Jan 7, 2021

Can you claim compensation for inconvenience?

There is a long line of case law which has established that a Claimant is entitled to general damages for distress and inconvenience suffered as a result of a breach of contract (see Watts v Morrow, Ezekiel v McDade, Hoadley v Edwards).

How many people die in road accidents?

Accidents are very common, dangerous, and can lead to personal injury and financial trouble. As per road safety facts, globally, almost 1.35 million people lose their lives in road crashes, and more than 25 million people suffer from serious injuries, giving them a life-long disability. Some families might go through financial hardships due to their inability to go to work after an accident. No matter how carefully we drive our vehicle, there is always a chance of encountering a disaster because we cannot command how other drivers should drive. Regardless of the numerous awareness programs about the speed limits and traffic signals, we cannot force anyone to follow them. So, the only thing in our control is to prepare ourselves for what happens after we have met with an accident.

What is the importance of handling insurance companies?

Hiring a lawyer would ease this process. While you concentrate on your recovery from the collision, your attorney will deal with the insurance provider. When you provide any information directly to the insurance firm regarding the crash, they might use it to minimize or invalidate your claim. In contrast, having an attorney handle the process will restrict the insurance provider from misconstruing your evidence and reduces the risk of settling for less.

Why is it important to discuss your suspicion with the experts?

You might assume that the accident occurred because of your carelessness, but before you settle for this thought, it is crucial to discuss your suspicion with the experts. It is because accidents appear complicated, and various factors like driver distraction, poor road conditions, or a vehicle malfunction contribute to a crash or disaster. If the negligence of multiple parties contributed to an accident, it isn’t easy to establish the contributing element without an investigation. It is crucial to carefully allocate the fault in accidents, to prevent you from losing any compensation.

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.

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 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.

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 .

Can a doctor send medical records to a lawyer?

Although the records are technically yours, and you have an absolute right to them, sending medical records to patients and lawyers is just not a health care provider's first priority. Small doctors' offices may not have the staffing or the time to respond to medical record requests on a timely basis.

How Much Do You Charge and What is a Contingency Fee?

How Much Do You Charge and What is a Contingency Fee? This is usually one of the most important questions for most car accident victims, as you may want to sue, but may be afraid of being faced with large legal bills if you don't win. Most car accident attorneys will work on a contingency fee basis, which means that they only get paid if you win.

What Court Fees and Costs Will I Be Responsible For?

What Court Fees and Costs Will I Be Responsible For? Even if a lawyer charges on a contingent fee basis, you may be responsible for court costs and fees and other costs the lawyer incurs in investigating and bringing the lawsuit. Our firm does not charge you fees or costs, unless we recover a settlement or verdict for you.

How Long Do I Have to File My Lawsuit?

How Long Do I Have to File My Lawsuit? There is a statute of limitations - or a maximum time limit - that you have in most jurisdictions if you want to file a lawsuit. It is important to know what this deadline is, so you can make sure you file your lawsuit before the deadline passes.

What Are My Potential Damages?

What Are My Potential Damages? You may be able to recover not only for medical bills and lost wages, but also for pain and suffering, emotional distress, or other types of damages you suffered. Your lawyer should be able to fully explain to you the extent of your recovery options.

What Is My Case Worth?

What Is My Case Worth? Ask this question. Your lawyer will have some idea. It is true that it can be a broad range based upon discovery, liability and unknown medical issues. At the very least, your lawyer should be able to provide a spectrum and explain the unknowns to you. Use your own judgment.

How Long Do You Think My Case Will Take?

How Long Do You Think My Case Will Take? It may take a long time for a case to go to trial and an even longer time for you to get your money. It is important to be aware of this, so you can make plans for how to handle medical bills in the meantime.

Have You Tried These Types of Personal Injury Cases Before?

Have You Tried These Types of Personal Injury Cases Before? Lawyers are hungry to get personal injury lawsuits. There is immense competition and some firms spend millions of dollars on advertising. Do not assume, just based upon advertising, that the lawyer has handled or tried your type of case. Ask for your lawyer's experience and results.

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.

What do car accident lawyers need?

An attorney must attain a vast array of records (police reports, recorded statements, medical records and bills from multiple providers, insurance statements, worker’s compensation payment ledgers) in order to paint the best picture of your case. Most lawyers take the easy way out, especially if they have too many cases or are not willing to put in the effort for smaller claims. Many fail to attain the complete record and fail their client.

How long do you have to file a slip and fall lawsuit?

Inexperienced personal injury attorneys may not realize that they have two years to file motor vehicle collision lawsuits, but only one for a slip and fall. If you attorney misses the deadline, your claim is finished.

Do personal injury attorneys format their demands?

Inexperienced personal injury attorneys do not properly format their demands. They often send a few records and neglect telling the story, which results in an awful bargaining position. In addition, this mistake tips the insurance company off that the attorney has no idea what he or she is doing.

Can an auto accident lawyer litigate?

If you are a plaintiff in a personal injury case, I challenge you to ask if your lawyer willing to litigate or has ever litigated an auto injury case – 9 out of 10 will say no. The insurance companies know who will call them on their bluff and who will not. If your lawyer has never followed through with a threat to sue, then his or her reputation will hurt your case.

Mistake 1: Trusting the Insurance Adjuster

The adjuster is not your friend. Insurance claims adjusters are trained to engage claimants in informal discussions. They try to get you to relax, so you let your guard down. Being too relaxed makes it much easier for the adjuster to get you to say things they can use against you. Be on your guard at all times.

Mistake 2: Speaking Without Thinking

Your chance to negotiate a fair settlement can be ruined with just a first few words of introduction with the adjuster. Take this common exchange, for example:

Mistake 3: Giving a Recorded Statement

Don’t agree to give your recorded statement. It’s not a good idea to give a recorded statement without an attorney to represent you. Once you give a recorded statement, your claim will be limited to the specifics of that statement. The only one who can benefit is the insurance company.

Mistake 4: Signing a Blanket Medical Release

Don’t sign any medical releases right away. Standard insurance company release forms allow the company to gather all your medical information for the past five to ten years. Protect your medical privacy. The adjuster doesn’t need that information at the start, and should never need your entire health history to settle a minor injury claim.

Mistake 6: Overlooking Important Evidence

You’ll need solid car accident evidence to prove the other driver’s liability (responsibility) for the crash and to prove the extent of your injuries.

Mistake 8: Ignoring Your Medical Records

The adjuster will go over your medical records with a fine-toothed comb. It’s a lot to read, but make sure you read and understand everything that’s in your doctor’s notes and treatment records. You need to be able to defend the nature of your injuries, why your doctor prescribed treatments, and why you needed to be off work.

Mistake 9: Discussing Prior Injuries

Don’t discuss any pre-existing injuries. You can set back your claim by admitting you have a prior injury too soon in the claims process. If you tell the adjuster about it, they’ll be quick to say your latest injury is just an exacerbation of your previous one. You need a doctor to evaluate how one injury is related to the other.

What is a multiplier in personal injury?

Lawyers and writers have often talked about a "multiplier" in personal injury cases, used by insurance companies to calculate pain and suffering as being worth some multiple of your special damages. But that is only true up to a point.

What to do if you don't accept a counter offer?

Consider the counter-offer, and then decide if you want to accept it or not. If you do, fine. Take the money, and sign a release. If you don't, get ready to file a personal injury lawsuit in court.

What are special damages?

Special damages include property damage (costs to fix or replace your car after an accident), lost earnings and lost earning capacity, medical bills, and other financial losses attributable to your accident. They are capable of exact calculation because they can usually be added up.

Why do the stakes increase when you lose a case?

When losses ("damages" in legalese) are significant, the stakes increase for everyone—for you because you want fair compensation for your injuries, and for the defendant (usually an insurance company) because they don't want to pay a large amount to resolve the case.

Can you negotiate a personal injury settlement?

And in cases where your injuries are relatively minor and the other side's fault is pretty clear, it may be more economical to negotiate your own personal injury settlement, rather than handing over one-third of your award to a lawyer (which is common practice under personal injury lawyer fee agreements ).

Can you represent yourself in an accident?

When To Consider Self-Representation. It's certainly possible to represent yourself in a personal injury claim after an accident come away with a satisfactory result. This is especially true if you have experience handling your own legal matters in the past, and you're able and willing to stand up for yourself and your case.

Is a fair settlement a windfall?

You Want a Fair Settlement, Not a Windfall. You may be reluctant to settle your claim, but there is risk in going to court. The jury may decide for the defendant and give you nothing. So a fair settlement amount should reflect this risk.

Communicating with The Other Driver's Insurer

• In any personal injury case, your lawyer will open up a line of communication with the insurance adjusterfor 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.

See more on nolo.com

Obtaining Necessary Evidence of Liability

Obtaining Necessary Evidence of Damages

Negotiating with Lien Holders

Negotiating with Insurers/Defendants