steps the lawyer do when have a auto accident

by Aaron Lemke PhD 8 min read

What Will My Car Accident Lawyer Do?

  • Communicating with the Other Driver's Insurer. In any personal injury case, your lawyer will open up a line of...
  • Obtaining Necessary Evidence of Liability. A good lawyer can help obtain all of the evidence that you will need to prove...
  • Obtaining Necessary Evidence of Damages. This is where a good lawyer can be essential to your...

Full Answer

When do you need to hire a car accident lawyer?

 · Ask locals if they've ever witnessed other accidents in the same place. 6. Inform Your Insurance Company Promptly tell your insurance company you've been in an accident. Cooperate with them and tell them the truth about what happened and the extent of your injuries. Explain the facts clearly.

When to get an attorney for a car accident?

The most important steps to follow are: 1. Evaluate your injuries and those of your passengers If you have serious injuries, call out for help and try to make yourself as visible as possible. Call 911 and wait for the ambulance and paramedics to treat your wounds before or else you could accidentally make your injuries worse.

How to find the right car accident attorney for You?

Do I need an attorney for a car accident?

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How to get a police report for a car accident?

Step 1: Call 911 to Ask For Medical Assistance and Obtain A Car Accident Police Report. This step is critical for many reasons. The first priority at any accident is tending to anyone who is injured, and the best way to do that is to call for an ambulance and trained emergency medical personnel.

How to explain an accident to a police officer?

Generally, though, you will want to explain to the officer the facts of what caused the accident to make sure they get their accident report and liability determination correct. Provide as much detail as you can to make sure the officer gets it right in his report.

What to do after a car accident in Atlanta?

11 Steps to Take After A Car Accident in Atlanta. STEP 1: Call 911 to report the accident and obtain police and emergency medical assistance. STEP 2: Check for any injuries in your vehicle or the other vehicle and help anyone in need of assistance. STEP 3: Other than checking for injuries, do not make any statements to the other driver about ...

Why is an accident report important?

The accident report is critical to your case because it will contain all of the drivers’ and passengers’ names and information as well as the drivers’ insurance information.

How long after an accident can you take a picture of a bruise?

Bruising is usually much easier to see and looks much worse two or three days after an accident.

What happens when insurance companies write a large check?

Before an insurance company will write what often is a large check to pay you for your medical bills, lost wages, and pain and suffering, they will conduct an investigation to see if their insured actually caused the accident and if the injuries you are reporting were actually caused by the accident.

What to do after an accident in Georgia?

Georgia law requires you to exchange license and insurance information with the other driver after most accidents anyway, but you will need that information to pursue a claim with the other driver’s insurance.

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.

What to do if you have a car accident?

If an unfortunate traffic accident occurs, hiring a respectable, expert car accident attorney will give you peace of mind that your rights are protected. Many lawyers will take the role as your legal counsel, but it’s best if you chose to work with a lawyer that specializes in car crashes and vehicular accidents.

How many car accidents were there in Miami in 2019?

According to the Florida Department of Highway Safety and Motor Vehicles, there were a total of 64,797 car accidents in Miami in 2019, with injury crashes comprising almost 1/3 (21,246) of the total number.

What do you ask your lawyer about a car crash?

Your lawyer may also ask you for copies of your bills associated with the crash.

What is the first step in an auto accident case?

At the start of any case, you will have an initial consultation with your auto accident attorney. During this meeting, you will discuss the details of your case and determine whether you have a valid personal injury claim.

What is discovery in a lawsuit?

Discovery. Discovery is a formal process, where the parties to a lawsuit share documents, evidence, and other information with each other. Your attorney will ask questions and request documents from the opposing lawyers, who will do the same in return. You may have to answer a written series of questions from the defendant, called interrogatories.

What happens if you settle a claim out of court?

However, if the insurance companies refuse to offer a fair settlement, the claim often will progress to a lawsuit. 2. Litigation Phase  . At this stage, you formally file a lawsuit against the at-fault parties and the court becomes involved.

What is a mediator in a lawsuit?

Mediation is a form of alternative dispute resolution where the parties to a lawsuit negotiate with help from a neutral, specially trained party (called a mediator). The mediator tries to help you find common ground and agree on a settlement amount.

How many phases are there in a car accident lawsuit?

In this article, we’ll walk you through the three main phases of a car accident lawsuit so that you know what to expect from the legal process following your claim.

What to do if you have been in a car crash?

If you’ve been in a car crash, it’s essential to understand the stages in a typical injury lawsuit. Because injury litigation requires specialized knowledge and experience, it’s in your best interest to work with an experienced car accident attorney. That way, you can focus on your health and improve your chances of recovering ...

What to do if you are injured in an accident?

If anyone was injured in the accident, it's best to consult an experienced attorney. An attorney can help you maximize your recovery if you're injured or better defend yourself if you're at fault. Many accident attorneys work on a contingency fee basis, which means that your lawyer only receives a fee if you're awarded damages or receive a settlement. Contact an experienced injury attorney today and learn more.

What to do if you get in an accident with another insurance company?

Don't talk about the accident to anyone other than your lawyer, your insurance company, and the police. Don't talk to a representative from another insurance company without the knowledge of your attorney or insurer. If called by the other insurance company, be polite, but ask them to call your attorney or insurer to arrange an interview. Also, tell your lawyer or insurer about the call.

Why do you need to take pictures of your car before an accident?

Also, pictures of your car before the accident can offer a great "compare and contrast" to show the true extent of damage sustained in the accident. 9. Get a Property Damage Valuation.

How to tell your insurance company you've been in an accident?

Promptly tell your insurance company you've been in an accident. Cooperate with them and tell them the truth about what happened and the extent of your injuries. Explain the facts clearly. If the insurance company finds out that you've lied to them about anything, you can get into serious trouble, including possible denial of coverage for the accident. Obtain and review any police report filed, so you can point out who broke what traffic laws or who was at fault.

How long does it take for a physical injury to show up?

Confirm all your physical injuries have been treated. Some injuries don't show up or reach their greatest level of discomfort until many days, weeks, or months later . Don't settle a claim until you know you'll be compensated for all your injuries, and consult an attorney before signing any settlement documents. 12.

What happens if you leave the scene of an accident?

If you leave, particularly where someone has sustained injuries or was killed, you can face serious criminal penalties for being a hit-and-run driver. 2.

What to do if someone is unconscious?

If a person is unconscious or has neck or back pain, don't move them until qualified medical help arrives, unless a hazard requires moving the person. 3. Call the Police. If there's significant property damage, physical injury, or death, you need to call the police.

How to report a car accident?

If you hit an unattended vehicle, such as a parked car, you should follow these steps: 1 Wait for the vehicle owner to return. 2 Enter surrounding businesses to see who owns the car or other vehicle. 3 Take photos of the damage you caused. 4 Talk to witnesses and get their contact information. 5 Leave a note on the windshield with your contact and insurance information if you can’t locate the vehicle’s owner. 6 Call your insurance company immediately.

What to do if you have a serious injury?

If you have serious injuries, call out for help and try to make yourself as visible as possible. Call 911 and wait for the ambulance and paramedics to treat your wounds before or else you could accidentally make your injuries worse.

What to do if police don't file a report?

If the police choose to not file a report, this is helpful evidence that the accident was a minor one. 4. Exchange information. If you caused a car accident, it’s important to provide your insurance information to the other party. However, NEVER admit fault for the accident.

What happens if you get hit and run?

Getting charged with a hit and run accident has severe criminal law consequences including jail time and heavy fines. You also leave yourself with virtually no defense in a personal injury lawsuit. Because of this you should never leave the scene of an accident without taking steps to minimize your liability.

What do you do if you hit a cyclist?

In order to avoid facing arrest and minimize your liability, you must: Give your name, address, and vehicle registration number. Provide your insurance information.

How to avoid obstructing traffic?

Provide assistance such as calling the police and/or paramedics. Remain at the scene. Move your vehicle as far away as possible to avoid obstructing traffic. Depending on who or what caused the accident, you may still be responsible for damages should a lawsuit occur.

What to do if you can't find the owner of a car?

Leave a note on the windshield with your contact and insurance information if you can’t locate the vehicle’s owner.

How soon after a car accident can you call?

Call as soon as you can and, ideally, no later than 48 to 72 hours after the crash. Your policy may have terms requiring you to report accidents within a certain time frame, and compliance with those terms can be helpful for a future claim.

What do police do in a crash?

Police will help the injured and investigate the crash. They’ll also interview witnesses, document important details, and write an official report explaining their findings. The police report can be essential to:

Should you get medical attention immediately after a car crash?

In a serious car wreck, getting emergency medical attention should always be the priority. Whenever possible, however, taking these steps immediately after a crash can go a long way towards protecting a potential claim and your rights to compensation.

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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

  • 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 worth a thousand pictures. The la…
See more on nolo.com

Obtaining Necessary Evidence of Damages

  • This is where a good lawyer can be essential to your case, especially when you've suffered significant car accident injuries. 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. Although the records are technically yours, and you have an absolute right to them, sending med…
See more on nolo.com

Negotiating with Lien Holders

  • If you received benefits from a health, disability, or workers' compensation insurer, that insurer will have a lien on your claim. A lien means that the lien holder gets paid before you do, out of any settlement or judgment you receive. 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 i…
See more on nolo.com

Negotiating with Insurers/Defendants

  • Negotiation is a very specific skill (some might even call it an art). A personal injury lawyer is always going to be far better at settling a car accident casethan 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.
See more on nolo.com