what kind of lawyer do i need to defend a car accident case

If you’ve been in a car crash and sustained an injury, it’s important to work with a lawyer who has experience with cases similar to yours. This means hiring a personal injury lawyer who specializes in car accident cases. Hiring a general lawyer – or jack of all trades – is generally not a good idea.

Full Answer

When should I hire a lawyer for a car accident?

After a car accident, always remember:

• If you have any injuries, expenses, or damage, you may be entitled to compensation.
• Most lawyers will give you a first consultation without any risk or commitment.
• Insurance companies are not on your side.
• You should not delay.

When do you need to hire a car accident lawyer?

When to Hire a Car Accident Lawyer

• FLORIDA. Retaining a competent and experienced auto accident attorney as soon as possible is vital if you are injured in a wreck.
• ALABAMA. When do you need to hire an auto accident lawyer? ...
• ARIZONA. ...
• CALIFORNIA. ...
• GEORGIA. ...
• ILLINOIS. ...
• INDIANA. ...
• LOUISIANA. ...
• MASSACHUSETTS. ...
• NORTH DAKOTA. ...

More items...

Why do you need a lawyer after a car accident?

Why Do You Need To Hire A Lawyer After A Car Accident?

• Counsel From A Professional Lawyer. ...
• Provide Essential Support. ...
• Gather All Possible Evidence. ...
• Investigate The Matters. ...
• Evaluation of Your Claim Amount. ...
• Assist Over Negotiations. ...
• Going Over Trial. ...
• Deals With Insurance Companies. ...
• Peace of Mind. ...
• Bottom Line. ...

Do I really need a car accident attorney?

In short, it’s important to have a lawyer if your car accident is in any way complex. These are the types of complex accidents where you should hire a lawyer: The other driver was drunk, on drugs, or distracted by texting/phone use. Injuries involve broken bones or fractures. Your medical bills are more than $5,000.

Why do you need an attorney for an accident?

An attorney will help ensure that you walk away with a fair amount of money from your insurance company. If the insurance company doesn’t want to budge, an attorney’s threat to file a lawsuit may change their minds. It may also be beneficial to hire a lawyer if your accident involved any of the following:

Who specializes in auto accidents?

If you know the extent of your injuries and you’ve yet to hire a lawyer, you can take things a step further by choosing a lawyer who not only specializes in auto accidents, but also specializes in the type of injury you’ve sustained.

How Do You Prove Fault in a Motor Vehicle Accident Claim?

To prove another driver is to blame for a motor vehicle accident, the plaintiff must prove to the satisfaction of a court that:

Do I Need a Lawyer in a No-Fault Accident Case?

If there are no injuries or they are minor, you may think you don’t need a lawyer in a no-fault accident case. It’s a common misconception that all you have to do is file a claim with your auto insurance company. Then under Michigan’s no-fault insurance laws, medical bills and attendant allowance are paid out.

What Happens if There is Property Damage?

If there was some damage to the other driver’s car, they may pursue the at-fault driver through Michigan mini-tort. This is a fairly inexpensive way of settling small disputes. MCL 500.3135 (3) (c) (e) provides that damages to motor vehicles may be recovered up to a limit of $3,000.

What Do I Do if the Other Driver Files a Lawsuit for Non-Economic Loss?

Under the no-fault insurance law, the accident victim gives up their right to sue the at-fault-driver in return for insurance benefits decided upon by the state. However, the accident victim may be able to sue you for non-economic damages if they have suffered serious injuries in certain circumstances.

Can the Other Driver Claim Economic Losses from Me?

In certain circumstances, the other driver may sue the at-fault driver for excess economic loss compensation. This compensation would cover past, present, and future expenses not covered by PIP benefits through the no-fault insurance law.

Consult a Car Accident Lawyer if You Are At-Fault

Michigan’s law surrounding car accidents is complex and has many factual and procedural traps for the unwary. You should seek legal advice as soon after the accident as possible so that a lawyer well-versed in this practice area can help protect your rights.

What are the most common factual defenses to a car accident injury claim?

The most common factual defenses to a car accident injury claim involve fault (unless the accident occurred in a no-fault state ). The person being accused of causing the car accident will often seek to limit their liability for damages by showing that the claimant was actually at fault for the crash, either in whole or in part.

What are the two types of defenses in a car accident?

Common defenses generally fall into one of two categories: legal defenses and factual defenses. Legal defenses are those that prohibit a claim based on an existing law or legal rule. The most common legal defense to a car accident injury case relates to the statute of limitations lawsuit-filing deadline. Factual defenses depend on the specifics of ...

What are factual defenses?

Factual defenses depend on the specifics of the underlying accident, and can include contributory or comparative negligence, and failure to mitigate damages. Let's take a closer look.

What is comparative negligence?

Comparative negligence is a factual defense to liability in a personal injury case. In states that have adopted some version of a comparative negligence rule, each party involved in an accident is assigned a percentage of fault based upon the facts of the case.

What is contributory negligence?

Contributory negligence can be a crippling factual defense to a personal injury case. In the handful of states that follow this rule, any party that contributed in any fashion to the incident that caused the injury is barred from getting compensation from other parties.

How long does it take to file a lawsuit after a car accident?

There is no "standard" statute of limitations deadline, although periods of two to three years are the most common when you're filing a lawsuit after a car accident.

What percentage of the total damages is due in a slip and fall lawsuit?

So if you brought a lawsuit over injuries resulting from a slip and fall, and you were determined to be 20 percent at fault for the accident, the defendant would only be required to pay out 80 percent of your total damages.

What happens if you are sued for an auto collision?

When someone is sued as a result of an automobile collision, the auto insurance company for the defendant will typically step in and provide legal representation for their insured. If you were lacking auto insurance at the time of the collision and were sued personally, do not fret.

What is the liability standard for a defendant in a collision in Texas?

Furthermore, Texas has adopted a modified joint and several liability standard which holds that a defendant will only be liable for the amount of the plaintiff’s alleged damages if the defendant is deemed to be more than 50 percent at-fault for the collision.

What is the defense of contributory fault in Texas?

This rule holds that if a plaintiff alleges harm from an auto accident, they are prohibited from recovering monetary compensation if they were 51 percent or more at fault for causing the collision.

What are the elements of a tort claim?

This requires proof of four specific elements associated with a tort claim – (i) that you owed a duty of care to the plaintiff, ( ii) you breached the duty of care, (iii) the plaintiff was harmed as a proximate result of the breach, and (iv) the plaintiff suffered bodily harm.

What is the burden of a civil lawsuit?

It is important to understand that, with civil tort claims, the burden is on the plaintiff to prove their case and submit sufficient evidence to substantiate the claim that you were negligent.

What is Brownsville law firm?

is here to assist. Our firm is comprised of skilled and aggressive defense attorneys who possess decades of civil defense experience.

Can you be interviewed by police for causing a collision?

Some drivers mistakenly admit causing a collision while being interviewed by police. If no admission of liability was provided, do not make any further statement about fault to anyone. You need to let the civil litigation process work and let a jury determine who was at fault.

What to do if you don't have an attorney?

If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.

What to do if you have auto insurance?

If you have auto insurance put them on notice and they will hire an attorney to defend you. If not you need a lawyer that practices in the area of civil defense.

What to do if you don't have insurance on your car?

If you did not have insurance then you need to hire an attorney that handles civil matters to determine what is the best approach to take. Report Abuse.

What to do if your insurance company does not provide legal counsel?

If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.

What to do if you have not been served with suit papers?

If you have not yet been served with suit papers, notify the agent and claims department immediately and give them all of the information they ask for.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is personal injury?

In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.