how to find out your case regarding car accident with lawyer

by Dr. Keeley Grady 10 min read

Provide your attorney will a copy of the accident report or anything else drafted by the police. If you don't have a copy of any police report, your attorney will be able to obtain one on your behalf. ____ Tickets Related to the Accident. If you've been given a ticket related to the accident, make sure to let your attorney know.

Full Answer

What questions should you ask a car accident lawyer?

You need to be able to communicate well with your lawyer to get the results you want. Note your comfort level during the initial consultation appointment and consider how you feel about the attorney taking up your fight for justice. Talk with Friends and Family . …

How can a car accident attorney help me recover my losses?

Perform a paid search using your DMV accident case number, license number, or license plate number. Order your accident report directly from the DMV site. Download the report or have it mailed to your home. It may take 15 days for the accident report to …

Do I need a lawyer for a major car accident claim?

How do I look up an accident report?

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How to prove a car accident?

Unless both sides are in agreement as to the amount of damages and liability (which is unlikely, otherwise there wouldn't be a lawsuit), you'll have to provide evidence that: 1 establishes the other driver's liability ( fault for the car accident ), and 2 proves the scope and extent of all your claimed damages.

What happens when you sue another driver for damages?

When you sue another driver for damages sustained in a car accident, it's rarely the defendant who actually pays out a settlement or court award. Instead, it's the defendant's car insurance company that pays. So, the defendant's policy limits may determine how much money you can realistically recover.

What are the types of damages in a car accident?

There are three types of damages available to a plaintiff in a car accident case: economic, non-economic and punitive damages. Economic damages are out-of-pocket losses directly related to the car accident. These include medical bills, lost income, and vehicle repair costs. In a car accident lawsuit, economic damages are the easiest to calculate, ...

What is the strength of a case?

The Strength of Your Case. Unless both sides are in agreement as to the amount of damages and liability (which is unlikely, otherwise there wouldn't be a lawsuit), you'll have to provide evidence that: proves the scope and extent of all your claimed damages.

What is punitive damages?

Punitive damages don't compensate you for your losses, but exist to punish particularly bad conduct on the part of the other driver , such as when he or she recklessly or intentionally caused the car accident. Punitive damages are harder to get and aren't usually available in a typical car accident case.

How long after a car accident can you sue?

Car accident lawsuits are considered personal injury cases. States may limit the time you have to file a lawsuit. It can be as little as one year after the accident. You should talk to an attorney as soon after the accident as possible if you think you may want to file suit.

What are special damages in a car accident?

These include all financial losses you suffer in a car crash, such as medical expenses, loss of income and the cost of repairing or replacing your car.

How long does it take to file a lawsuit?

How Long Will a Lawsuit Take? 1 FILING THE COMPLAINT — A complaint is a list of your claims and justifications for your lawsuit. The other driver and his or her insurance company will be given a fixed amount of time to answer your complaint. This may be a month or more. 2 PRE-TRIAL MOTIONS — The other side may file several motions to give it an advantage in court or to delay the trial. You will be given time to challenge any motions. These include motions for:#N#Change of venue: Asking the court to move the trial to another court, county or city#N#Change of judge: Asking for a different judge to hear the case#N#Removal: Moving the case from state to federal court#N#Dismissal: Asking the judge to throw out your lawsuit on a technicality, such as waiting too long to file it 3 SETTING A COURT DATE — After working through pre-trial details, your trial may still be at least a year away. 4 MEDIATION — The judge may order both sides to negotiate under the guidance of an impartial mediator to reach an agreement without going to trial. 5 DISCOVERY — Both sides get to gather evidence and must share what they have with the other side. This includes interviewing witnesses. You may have to be interviewed under oath by lawyers for the other side.

What percentage of car crashes are caused by human error?

Human error is responsible for 94 percent of car crashes, according to the National Highway Traffic Safety Administration. If another driver’s negligence led to a car crash that injured you, his or her insurance company should pay for your damages.

How many tort cases were filed in 2005?

Car accident lawsuits are one of the most frequently filed cases in the United States. They accounted for nearly 60 percent of the 16,400 tort trials disposed in state courts in 2005, according to the United States Justice Department’s Civil Justice Survey of State Courts. Torts are lawsuits over physical, financial or other personal damage ...

Is it easier to prove that someone is at fault in a car accident?

In a personal injury lawsuit, it is generally easier to prove that the other party was at fault when there is strong evidence . After a car accident, individuals who are seeking financial damages can use documents to build their case.

What to do after calling police?

One of the most critical steps to take after calling the police is to exchange information at the scene. Typically, drivers will exchange insurance information, as well as their names, addresses, and driver’s license and phone numbers.

Is it illegal to drive without insurance?

It is illegal to drive without a valid insurance policy. If the accident took place outside of your home state, your policy is still valid. If your policy has expired or otherwise fails to meet the minimum standards in your home state, however, that may be used against you.

What to keep for medical bills?

Keep all medical bills, even if it seems like a minor injury. Keep your receipts for medical expenses, especially out-of-pocket expenses or things paid for through a Health Savings Account (HSA), such as ankle braces, pain killers, or crutches.

Gregory Martin Jachts

They buy them.#N#There are services that purchase the reports and provide the information to attorneys. It doesn't mean that attorney has any special information about your accident. It doesn't mean that the attorney is a particularly good attorney.

Santos A Perez

There is a law called the "Open Public Records Ac" or OPRA which allows private parties to obtain same, regardless of status as a member of the bar.

H. Scott Aalsberg

Your accident report is a public record and anyone including attorneys can view it and get a copy from the local police department the same way you hear about a celebrity who gets in trouble or has an accident.

Christian K. Lassen II

Same as everyone else. Unclear whether you were injured, and you would want representation, if merely property damage, your insurance company will resolve it.

What to do if your car is damaged in an accident?

If your car was damaged in an accident, it is a good idea to take pictures of the damage. If you did not take pictures, a representative of the insurance company may have. If you have pictures in your possession, provide them to your attorney. If you do not have pictures, but believe that the insurance company may have some;

What happens if you get in a car accident?

If you're involved in a car accident, you may have sustained physical injuries for which you sought medical care and attention. If so, your attorney will need copies of your medical records so that he or she can see what your diagnosis is and obtain a feeling for how long it will take you to recover from your injuries.

What is an accident report?

In those situations, they are required to draft an accident report, which often includes a diagram of where the various cars or pedestrians were at the time of the accident. The report will also include the on-scene officer's initial impressions of the cause of the accident.

What happens if you lose time from work?

If you've lost time from work as a result of a car accident, your attorney may be able to obtain compensation for your lost wages. To do so, your attorney will need to calculate how much money you have "lost" as a result of the car accident.

How to recover damages from an accident?

To recover damages from an accident, you have to prove that the other person breached a duty to you by not acting with a reasonable degree of care when he or she caused the accident. You also have to prove that you actually suffered damages and that those damages/injuries were caused by the accident. If you can't meet your burden of proof, it is ...

How long do you have to file a lawsuit in Florida?

In Florida, you have four (4) years to file a negligence lawsuit. You have five (5) years to file a claim against your own insurance company for breach of contract. But, if you were injured by someone working for a governmental agency - for example, you are hit by a police car - there are shorter time limits that need to be discussed ...

Can you recover medical bills?

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.

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