what type of lawyer do i need after an auto accident claim

by Avis Weissnat PhD 10 min read

While you do not need to seek legal counsel, a car accident lawyer may help you file a claim or lawsuit against a negligent party. Getting into a car accident due to another party's negligence typically results in stress, frustration, and injuries.

When should I hire a lawyer for a car accident?

A Car Accident Attorney Knows the Law Hiring a personal injury attorney to represent you after a car accident means you will have a professional working for you—one who is extremely knowledgeable about the relevant laws and procedural rules that may affect your case.

When do you need to hire a car accident lawyer?

Why do you need a lawyer after a car accident?

Do I really need a car accident attorney?

You aren’t legally required to have an attorney for a car accident claim. You will save attorney fees if you settle a claim yourself, putting more of the settlement amount in your pocket. For routine claims where there aren’t serious injuries or high out …

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Do you need an attorney for a car accident?

Usually, car accidents in volving serious or long-term injuries require an attorney to get the most desirable outcome.

How can an attorney help you in a car accident?

Perhaps the most important way an attorney can help you with your car accident case is by being your advocate. This means that your attorney acts on your behalf and for your benefit throughout the entire claims process (negotiating with the automobile insurance company) and even in court if a lawsuit becomes necessary. He or she will be your champion before the judge, jury and other attorneys, making sure that your side of the story is heard and that you are compensated for all of your losses.

What does it mean to hire a personal injury attorney after a car accident?

Hiring a personal injury attorney to represent you after a car accident means you will have a professional working for you -- one who is extremely knowledgeable about the relevant laws and procedural rules that may affect your case.

How long do you have to file a lawsuit after a car accident?

For instance, in many states you must file your lawsuit within two years of your car accident or be forever prohibited from filing your lawsuit. An attorney will also be able to inform you about any special exceptions to the statute of limitations -- for minors, for example.

Can an attorney file a lawsuit?

Your attorney can file a lawsuit on your behalf and will know how best to mitigate any possible defenses raised by the other side. In addition, once your case gets under way, your lawyer will play an invaluable role in preparing your case for trial -- and even going to trial if your case doesn't settle.

1. Serious Injury

Even if your car accident occurred several months ago, you should still talk to a lawyer if you’ve been injured. In general, you should report your car accident within 24 hours.

2. Unable to Work

Auto accident injury lawyers can also help you file a claim for workers’ compensation. You’ll need to provide proof that you were unable to work and you may have to get a notarized document from your job.

3. Problems With Police Report

The best thing about hiring a car accident defense attorney is that they can help correct police reports. If you review the information and realize that the other motorist is lying, you should contact an attorney right away.

4. Issues With the Insurance Company

Insurance companies will always try to “lowball” you after an accident. They are always looking to save money and can be reluctant to settle claims.

What happens if a car accident is denied?

When a car accident occurs and a claim is denied, it can place a serious financial burden on the policyholder. For these individuals, it is important to understand that the coverage available under their policies and to obtain the assistance of an attorney who can help dispute the insurance company’s actions.

What is collision insurance?

Collision: covering damage to your car from an accident with another car. Comprehensive: covering losses due to flood, fire, or theft. Uninsured Motorist Coverage: applicable when you are hit by an uninsured or hit-and-run driver.

What are the different types of auto insurance?

Understanding the coverage available under your policy can help simplify the claims process. Automobile insurance policies can include six different types of coverage, including: 1 Bodily Injury Liability: applicable to injuries sustained to someone else at your fault 2 Medical Payments/Personal Injury Protection: applicable to treatment of injuries of the driver and passenger in your own vehicle 3 Property Damage Liability: covering damage inflicted on another’s property 4 Collision: covering damage to your car from an accident with another car 5 Comprehensive: covering losses due to flood, fire, or theft 6 Uninsured Motorist Coverage: applicable when you are hit by an uninsured or hit-and-run driver

What is uninsured motorist coverage?

Uninsured Motorist Coverage: applicable when you are hit by an uninsured or hit-and-run driver. In some cases, even if you are covered by the proper type of insurance, your carrier may still limit your payout.

What is comprehensive insurance?

Comprehensive: covering losses due to flood, fire, or theft. Uninsured Motorist Coverage: applicable when you are hit by an uninsured or hit-and-run driver. In some cases, even if you are covered by the proper type of insurance, your carrier may still limit your payout.

What can a lawyer do for a car accident?

While much depends on the specifics and the complexity of your car accident case, in general a lawyer can: obtain the necessary evidence with respect to fault for the accident. communicate with your health care providers to obtain missing records.

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 to get a car accident case settled?

The right lawyer can be key in getting the best outcome for your car accident claim. 1 organization and analysis of key evidence and records 2 a network of investigators and experts who can help strengthen your case, and 3 negotiation taking that will get the best outcome for your car accident claim.

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.

What happens if you receive 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 is one more dollar that goes into your pocket. Learn more about health care provider liens on personal injury settlements.

Is negotiation a skill?

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 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.

Is a picture worth a thousand words?

While a picture may be worth a thousand words, actually seeing the scene can be worth a thousand pictures. The lawyer will make sure to get all of the accident or police reports in the case and will often speak with the investigating police officers and witnesses.

How to contact an attorney for a car accident?

Other times to contact an attorney: 1 A death occurred as a result of the accident 2 Pedestrians were involved 3 The accident happened in a construction zone 4 You or the other driver doesn’t have insurance 5 Your insurance company claims that you hadn’t paid your premium, but you had 6 You’re at fault or partly at fault, and you’re concerned your liability insurance won’t cover the damages 7 Your insurance company starts acting cagey and non-communicative 8 Your insurance company gets its own attorneys involved

How to settle a claim?

If you do decide to settle your own claim, you’ll need to consider: 1 If you’re willing to invest the time to learn about the claims process, and then handle the claim (around 12 – 20 hours for a routine claim, though it could be more or less depending on how quickly you work) 2 If you feel confident presenting your claim 3 At what point your claim is too serious to handle on your own

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