But it’s hard to know whether you need a car accident lawyer ’s help to resolve your case, especially at the beginning. When should you get legal help? You should always review your case with a lawyer who offers a free consultation because you can get a professional legal opinion without risk.
Most car accident attorneys will work on a contingency fee basis, which means that they only get paid if you win. Contingent fee lawyers charge a percentage - in Florida it is 33 1/3 % if the case settles before suit is filed and 40%, if suit has to be filed.
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.
There are many reasons accident victims should not wait to speak to a lawyer after an accident. Contacting a lawyer as soon as you can after a crash will prevent you from making costly mistakes and ensure you are on a level playing field from the start.
Many people believe if you say sorry at the scene of an accident you are legally accepting the blame for it. While this is technically not the case - saying sorry doesn't mean that you accept blame for the accident - it's still best to avoid making an apology at the scene.
If you admit fault, insurance companies have legal responsibilities to cover damages. Your own insurance will have to pay for the damages to your and the other party's property. Keep in mind that the other party's insurance company will want you to admit fault so that the responsibility will fall on you.
Insurance adjusters review a variety information—including statements drivers made to the police and each other. This is why it is important not to admit fault. Adjusters also review statements from eyewitnesses, the police report, and if a police officer wrote a citation for the crash.
The best car accident lawyer will begin by gathering as much information about the case as possible. The attorney may hire expert witnesses and use all the evidence available to determine the fault and show the nature and extent of injuries suffered by the client.
When there is an accident, the auto insurance of the person and that of the other party will want to get information from the victim. Workers’ compensation insurance may also join in case of on-job injury.
Many drivers and road users aren’t conversant with personal injury laws regarding auto accidents. Therefore, it’s understandable when such individuals don’t know their rights. Furthermore, those who aren’t at fault aren’t supposed to pay for the resulting damages.
Sometimes a car accident case may involve a workers compensation claim. A car accident lawyer can help such a person prepare and provide all the necessary reports and form submissions. If the insurance is unwilling to settle the claim, the lawyer can help the affected person with their petition for benefits.
When a defective product is established as the possible cause of the accident, a lawyer will research similar incidents to put a strong case. In addition, the lawyer for a car accident will search for more information about the defective product on consumer and government websites and previous lawsuits.
After an accident, the affected person may be quick to notice immediate costs, but it’s only an experienced car accident injury lawyer who will help in looking at all the possible ways the accident will affect the victim.
When a defective product is responsible for an accident, the injured person should collect it before the manufacturer or insurance company. If such a product gets to the hands of the defendants’ team first, they may conduct destructive testing, thereby destroying it and making it harder for the plaintiffs to proceed with the case.
When you get into a car accident and need to file a lawsuit against a negligent driver, that person’s insurance company will be the one representing them in your lawsuit. The insurance company would be the one to pay out your claim; and, insurance companies have money.
A car accident injury lawyer may help you by serving as the legal advocate you need. While you focus solely on your health and wellbeing, your attorney can fight to protect your rights and help you collect maximum compensation.
While we want to do everything possible to help every car accident victim, sometimes our services simply aren’t necessary. The following circumstances describe when you may not need a lawyer to help you.
After a car accident, you may not know whether you need to hire a lawyer. It can all depend on several factors unique to your situation. In many cases, however, it makes sense to work with a car accident injury attorney. Your lawyer may be able to help you recover compensation that helps you stay out of financial hardship.
If you know about an injury, your lawyer should know too. It's vital your lawyer knows everything. It is almost more important for your lawyer to be aware of something related to your body than it is for your doctor to be aware. Well, maybe equally as important.
What? Your opinion matters, and don't let any accident lawyer tell you differently. No, it's not a "medical" opinion but it's valid nonetheless. If you feel as though some pain, injury, or condition is not healing and you fear permanency, you should explore it with your doctor and keep your lawyer in the loop.
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.
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.
Even if you didn’t cause your car accident, you may still need a lawyer to protect your rights and help you get the best result. 1 the accident caused significant injury or vehicle damage 2 fault is in dispute 3 the insurance company is digging in for a fight, and 4 the fault rules in your state make things a bit more complicated.
You might have no doubts that the other driver caused the accident, but if you and the other driver have different stories, it might result in an ongoing investigation by each insurance company. And if enough money is at stake, your car accident may result in litigation. If there's a lot at stake and neither side is ready or willing ...
But if the plaintiff is 55% at fault, the plaintiff gets nothing. Contributory negligence means a plaintiff can only recover from the defendant if the defendant is 100% at fault for the plaintiff's harm. Imagine a car accident where the plaintiff gets t-boned at an intersection because the defendant was under the influence ...
If a plaintiff has $100,000 in damages, but is 45% at fault, they can still recover $55,000. Modified comparative negligence: The ability to recover depends on ...
So if the plaintiff is 25% at fault and they want $100,000 from the defendant who is 75% at fault, the plaintiff gets $75,000. But if the plaintiff is 55% at fault, the plaintiff gets nothing.
If you try to make a sizable (but justified) claim to cover all your losses, there's a good chance the at-fault driver's insurance company will either dispute liability or deny that your losses are as extensive as you claim. And if the other driver has extensive damages, they may try to point the finger at you, ...
If you're in a modified comparative or contributory negligence state, you might need an attorney to make sure you're getting the best result. Learn more about how an attorney can help in a car accident case ...