To find the right car accident attorney for your case, it is important to ask a few key questions. #1: How Long Have You Practiced Personal Injury Law? When it comes to car accident cases, personal injury experience is important.
We cannot state a dollar amount to represent how much you should ask for in a car accident settlement because every case is different. The amount of compensation that you might be able to pursue will depend on the facts of your situation. Our team will have to talk with you and investigate your car accident to determine the appropriate range of settlement for your injury claim.
How To Secure The Maximum Compensation You Are Entitled To After A Car Accident
What Doctor to See After a Car Accident. If you aren’t sure what doctor to see after a car accident, don’t worry – this is a common question. If you suffer severe injuries, you will need to go to the emergency room and then follow up with your primary care physician or a specialist recommended by the ER doctor.
When making an initial settlement demand, the accident victim should always ask for more than what he or she thinks the case is worth. There is no set rule, but it is not unreasonable to to ask for at least three times the amount of the medical expenses.
What Do I Need to Ask For?First and last name;Address;Driver's license number;Phone number;Vehicle information – Make and Model, Year, License Plate; and.Insurance information, including.
10 Things You Need to Do After a Car AccidentSTOP. Never drive away from the scene of an accident, even a minor one.PROTECT THE SCENE. ... CALL THE POLICE. ... MAKE AN ACCURATE RECORD. ... TAKE PICTURES. ... EXCHANGE INFORMATION. ... REPORT THE ACCIDENT. ... SEEK MEDICAL ATTENTION.More items...
In order to make a pain and suffering claim, you will need to send the insurance company a demand letter, which is a summary of your claim and damages. In your demand letter, you should discuss your pain and suffering damages, supported by relevant documents and evidence.
Questions to ask during the investigation might include:What was the employee doing at the time of the accident?Was the employee qualified to perform this operation?Were company procedures being followed?Is the job or process new?Were proper tools or equipment being used?Was the proper supervision being provided?More items...
After-Action Review: What you need to askHow did the injury occur?What where you doing at the time?Did anything out of the ordinary happen when your injury occurred?How was the day that your injury occurred different from all the other days?Is this your regular job? ... How much training did you receive and when?More items...•
Even if you know the accident was your fault, don't say sorry or admit guilt at the scene as your insurer might have a clause about it. Exchange details with the other's involved and get in touch with your insurer to report the incident.
Be prepared for an accident. ... Make sure everyone is OK, then call the police. ... Call your insurance company. ... Gather and exchange insurance information. ... Determine if a claim needs to be made. ... Keep track of repairs. ... Look for lower car insurance rates.
Hiring a motor vehicle accident lawyer after a car accident that was your fault is a good first step, before speaking to the insurance companies. Lawyers know how to deal with insurance companies and can help mitigate any claims that are made against you by the other parties involved in the accident.
The general formula runs from 1.5 to 5 times the total amount of economic damages as the estimate for non-economic damages. The value of the multiplier will be based upon your claims of pain & suffering, the provable extent of your injuries and estimates for future potential need for medical care and pain & suffering.
California doesn't have a set formula for calculating pain and suffering. In order to recover damages for pain and suffering (including mental distress and other economic damages), the plaintiff must prove that they suffered this harm or are certain to suffer in the future as a result.
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.
After a car accident, you may need an attorney on your side. Oregon is a fault accident state, meaning that you may have grounds to pursue an insurance claim or lawsuit against the responsible driver. However, navigating this process can be challenging after a recent injury—but finding the right lawyer to represent your claim can also be difficult. To find the right car accident attorney for your case, it is important to ask a few key questions.
Car accident cases can last for a few months to a few years, depending on the severity and complexity of the accident. A personal injury lawyer should be able to review your case and provide an honest answer as to how long it may take to recover compensation.
After a car accident, you can experience significant financial hardship. Very few people can afford to pay for a lawyer out of pocket in these situations, which is why most personal injury firms operate on a contingency fee basis.
Just like you wouldn’t want to hire a podiatrist to perform brain surgery, you don’t want to hire a criminal defense lawyer for a car accident claim. Ensuring that your attorney has relevant experience in your practice area is crucial to finding the right firm.
Some firms have one attorney who handles all cases by him or herself. Other firms have case managers, paralegals, and junior attorneys who communicate with clients on the lead attorney’ s behalf. If it is important for you to have a lawyer who is very involved in your claim, ask who will be handling your case and who you will be communicating with.
Not all car accident claims end up in the courtroom. In fact, the majority of cases resolve in a settlement, either during the insurance process or in pre-trial negotiations. However, there are certain situations where your attorney should go to trial—if you have very high damages that exceed an insurance company’s policy limits, for example, your attorney should not settle for an insufficient settlement. Instead, your lawyer should be willing to pursue your case to the fullest extent possible so you can obtain the settlement you need to recover.
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? 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? 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? 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? 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? 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? 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.
You will have the right to seek compensation from another party that acted negligently to cause the car accident. There are many different types of negligence that may result in a serious accident, and the liable parties may include other drivers, the employers of on-the-job-drivers, car manufacturers, and more. Some examples of negligence that lead to compensation for victims include: 1 Distracted driving 2 Drunk driving 3 Aggressive driving 4 Violating traffic laws 5 Defective auto parts 6 Hazardous roads
Once you receive your settlement, you can pay off your existing medical bills. However, if you need ongoing medical treatment for the foreseeable future, how will you cover those costs? This is a common scenario, as many car accident injuries require months or years of treatment. Your lawyer should include all of the estimated costs of future treatment in your claim.
Not every accident requires a personal injury attorney. If you suffered minor whiplash that resolved completely with a few chiropractic sessions, you might not need a lawyer.
Before you turn to Google, start by asking for personal recommendations from friends and family. Someone you know may be able to give you a referral to a lawyer in your area.
Rather than charging an hourly rate, most car accident lawyers work with a “contingency fee” agreement. The contingency is that they don’t get paid any fees unless you recover money (via a settlement or a jury verdict).
It might feel intimidating to contact an attorney, especially if you’re still shaken from the accident.
Never answer questions or give a statement to your insurance company (or the other driver’s insurance company) until you’ve spoken to an attorney first. This includes:
A car crash is a frightening experience, and it’s only natural to feel uncertain about what to do next.
Free consultations give both you and the prospective lawyer the chance to meet and talk. During this consultation, you will ask the lawyer questions to see if the lawyer can handle your case. The lawyer will also ask you questions to make sure the he or she can represent you.
Free consultations usually start with your story about your accident and injuries. This will help the lawyer:
Experience can make a big difference in the outcome of your case. An accident lawyer should know:
You should ask the lawyer about your relationship if you hire them. Every law firm does things differently. And every lawyer’s practice reflects their unique personality and preferences.
You should not feel pressured to make an immediate decision unless you have impending deadlines. You should take time to choose a lawyer with whom you can have a strong working relationship.
Some car accident witnesses are present during the wreck. However, some are only on the scene in the immediate aftermath. A witness can still help your case even if they did not see the collision itself. Perhaps they heard the other driver say something or admit fault (more on that later). Either way, it’s important to know exactly what they saw.
Were they right next to your collision? Did they hear it from inside a building? Your witness may have even been in the car with you. The other side’s lawyer may try and argue your witness was too far away to make a valid statement on your accident. That’s why it’s important to know exactly where they were.
The attorney for the other party may argue that your witness was distracted. This can happen if they were in the company of others. On the other hand, other people may help your case because it’s possible that they too are witnesses to your accident. If a witness was accompanying someone, be sure to ask them to give a statement as well.
It’s not necessary that the witness knows the exact measurement. Instead, it’s important that the witness can relate the general details of what they saw. This will help build a clear picture of the scene of your accident.
It’s possible that the negligent party was traveling at an unsafe speed given the weather. A witness statement can help illustrate this. Furthermore, witness statements about weather can give the court a full understanding of the accident site.
Sometimes drivers will share valuable information in the minutes after a wreck. For example, they may apologize for their careless driving. In other circumstances, they may notice that you were injured.
The other side may argue that your witness could not see the details of the accident. This may or may not harm your case. Perhaps the witness saw or heard valuable details right after your collision. Even if their view was slightly obstructed, they may still have seen things that you could not notice.