Full Answer
 · You are not legally obligated to hire a lawyer after a car accident. The only reason you need a lawyer after a car accident is if you are being sued …
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-of-pocket costs involved, that may be the best option. If you do decide to settle your own claim, you’ll need to consider:
 · You may need a lawyer after a car accident if: You or any other party has suffered serious injury as a result of the accident Drunk driving was involved Violations of laws were involved Serious property damage resulted (especially that of government roads or property) There are issues regarding insurance policies or insurance companies
An attorney will also be familiar with time limits (called statutes of limitations) that can bar you from filing a lawsuit against the at-fault driver. For instance, in many states you must file your lawsuit within two years of your car accident, or you'll lose the right to take the matter to court. An attorney will also be able to inform you ...
11 Important Steps to Take After a Car CrashDetermine whether anyone is hurt. ... Get yourself and your vehicle out of danger. ... Contact the police. ... Collect important information. ... Document the scene. ... Avoid roadside discussions about responsibility. ... Call a tow truck if needed. ... Call your insurance company.More items...•
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.
You should not accept an early settlement of your claim unless you have been advised to do so by a personal injury solicitor. You are likely entitled to a greater sum than the one of offer. If so, you should reject the settlement and continue to negotiate your claim.
8 Auto Accident Settlement Negotiation TipsInitiate a Claim as Soon as Possible After an Auto Accident.Keep Accurate Records About the Accident.Calculate a Fair Settlement.Send a Detailed Demand Letter to the Insurance Company.Do Not Accept the First Offer.Emphasize the Points in Your Favor.Get Everything in Writing.More items...
To negotiate a cash settlement with an insurance company, file an insurance claim, and accept a cash settlement. Consolidate your records, estimate your minimum settlement amount, and write to the insurance, making it a case study. Reject their initial offer and make a counteroffer focusing on your strongest point.
Begin the Settlement Negotiation Process (5 Steps)Step 1: File An Insurance Claim. ... Step 2: Consolidate Your Records. ... Step 3: Calculate Your Minimum Settlement Amount. ... Step 4: Reject the Claims Adjuster's First Settlement Offer. ... Step 5: Emphasize The Strongest Points in Your Favor.
Here are some things to keep in mind as you negotiate:Understand the Policy You Bought (Or Was Bought For You) ... Understand What's In Your Claim and Settlement Offer. ... Appeal Your Offer. ... Consult a Property Damage Lawyer. ... Last Resort: Filing a Lawsuit.
They Offer Lowball Settlements Because Many People Accept Them. If you've suffered injuries in an accident, you likely understand how desperate many people feel when looking for a settlement. You have bills piling up all around you, and you need the money to pay these bills.
When fault is contested, you must prove that the other driver caused the accident or you will lose the claim. An accident attorney can help you provide evidence and prove the other driver was at fault.
When an insurance company disputes their policyholder’s liability, they are essentially saying that their policyholder is not at fault and they are not responsible for paying your damages.
It’s no secret that early settlement offers from insurance companies can be low. Many people accept them, even if they have misgivings, just to move on. No one likes the hassle of dealing with insurance claims. However, it’s often worth taking a deeper look, especially if you might have a large claim.
An attorney can review your settlement offer to determine if it is fair. If it is not, they can negotiate with the insurance company in an effort to raise the settlement amount. In the event an acceptable agreement can’t be reached or the insurance company refuses to negotiate, an attorney can file a lawsuit on your behalf.
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-of-pocket costs involved, that may be the best option.
The more you have at stake, the better it is to have an attorney’s help. Insurance companies have attorneys of their own, with the goal of reducing settlement amounts or denying claims. The higher the amount of the claim, the harder the insurance companies and their attorneys fight.
There are many different causes of car accidents. Some of these may include: 1 Distracted driving (i.e., texting while driving, etc.) 2 Drunk driving 3 Bad weather and driving conditions 4 Mechanical failure of car or car parts 5 Disobeying traffic laws 6 Unpredictable circumstances (such as a falling boulder, etc.)
Typical damages in a car accident claim usually cover expenses such as medical bills, property repairs, and in some cases, legal fees.
Distracted driving (i.e., texting while driving, etc.) Unpredictable circumstances (such as a falling boulder, etc.) Depending on the cause of the accident, either party may or may not be held liable for damages or injuries.
Depending on the cause of the accident, either party may or may not be held liable for damages or injuries. Proving fault in an auto accident claim can often be difficult and may require the assistance of a legal professional.
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.
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.
Whereas this may be your first time dealing with the ins and outs of an accident claim, injury attorneys have dealt with all manner of claims and have faced the gamut of insurance company tactics. They have experience obtaining the necessary evidence to support your claim, including gathering police reports, witness statements, medical records and bills, and employment and lost wage information.
If you are unable to settle your accident case, your attorney can take care of filing the necessary paperwork to start a court case and can deal with the defense attorneys on your behalf. Having a seasoned professional navigate the day to day work of your case eases the burden on you so that you can focus on recovering from your injuries.
An experienced injury attorney can be extremely helpful in navigating the often chaotic and confusing world of insurance claims and injury settlements after a car accident. Here's what you need to know:
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.
Most injury attorneys work on a contingency fee basis, meaning your lawyer only gets paid if there is a successful resolution to your claim.
During this consultation, the attorney will learn more about your car accident and your injuries and determine if they are willing to represent you. They want to know if you have a claim worth pursuing before committing to providing you their services. If you do have a claim, they can give you an estimate of what they think might be worth it.
You sustained a severe injury — the more severe your injury, the more financial burdens you will have. The more the insurance company will fight paying what your claim is worth. Severe injuries do not necessarily mean you were hospitalized or had surgery. Broken bones, joint injuries, or anything else causing pain or long-term treatment are severe injuries.
Call Arash Law today at (888) 488-1391 or contact us online to receive your free car accident case consultation. Our No Win, No Fee Guarantee allows you to receive a free consultation. You pay us nothing unless we settle your case, or you receive a court award at trial. You have nothing to lose by scheduling your consultation today.
The insurance company might try to say that you did not report your injuries soon enough or did something to make it worse, like not seeking treatment. They don’t want to pay, and you need an attorney who will show them that they need to.
If you are worried about how you will pay for your medical bills, you need to be sure you are receiving maximum compensation for your injuries. Your attorney might also be able to help you with medical liens. These types of liens allow you to get the medical care you need when you need it. The provider agrees to get paid from the proceeds of your settlement or court award when you receive it.
Get online, give the company your personal and vehicle information, receive a quote, accept the policy, and then make your premium payments. Of course, this is a good life skill to have, but very few people know how to actually use their insurance policy. They are not aware of what their policy covers, how the claims process works, and what the provisions in their insurance contract mean. Even fewer people understand how different types of insurance policies like health and auto policies coordinate coverage. What makes these issues even more confusing is that insurance policies can vary from one state to the next based on each state’s laws.
Some car accidents are so minor that they do not cause injuries. You might feel taken aback, surprised, shook up, or even very angry but not be physically injured. You might even feel sore, but it resolves within a few days. Oftentimes, accidents that happen at low speeds result in little or no injuries to all involved parties. These accidents may only require a property damage claim for damage done to your vehicle, bicycle, or other personal belongings.
Accident victims have so many things to worry about – property damage, medical expenses, dealing with the other driver and insurance companies – that often the thought of hiring legal representation is forgotten or never considered. If you have been injured in an auto accident or if you have been involved in a wreck with a negligent driver, ...
Car accidents may cause serious damage to your body including burns, disfigurement, permanent disability , brain injury , organ damage, and other injuries. Your vehicle may be in need of repairs or a total replacement.
A personal injury lawyer can help you demonstrate fault after an accident and can defend your claim against insurance companies.
The length of an automobile accident lawsuit varies depending on a number of factors but in general it may take anywhere from a few months to 1 or 2 years. Determining factors include, but are not limited to, whether or not fault has been admitted or determined, the insurance carriers involved, putting together the case, and determining the cost of past, present, and future medical treatments and income loss.
An attorney representing you can collect evidence such as: 1 Photos of the accident scene 2 Photos of the damaged vehicle 3 Police crash reports 4 Eyewitness statements 5 Information from a vehicle’s event data recorder 6 Medical and work records 7 Electronic evidence including cell phone records 8 Manufacturer records and recall information
Electronic evidence including cell phone records. Manufacturer records and recall information. An attorney can gather all of this information as well as consult with other experts to put together a strong case for you in order to negotiate a settlement with insurance companies both inside and outside the courtroom.
In Kentucky, the statute of limitations is 2 years after the accident or 2 years after the last no-fault medical payment.
Evaluating your injuries after a car accident is not necessarily straightforward. The other party’s insurance company will look at the accident facts and determine whether they believe your injuries are related. They will also look at the treatment you had, the costs, and whether your treatment was reasonable and necessary. Did you recover within the expected period of time for that type of injury, or did it take you considerably longer? These are all factors that can impact your case value.
When the insurance company denies your claim, your only recourse is to file a lawsuit. Your attorney will continue to push settlement through the discovery process. If the other driver’s insurance company keeps denying liability, your attorney will prepare your case for trial.
Their goal is to gain information from you that they can use against you to reduce your claim’s value or deny it outright. The adjuster may offer you a small amount early on in the case in hopes you will settle. That way, they can close their file before you have additional treatment.
Other damages like pain and suffering and lost wages will depend on the severity of your injuries. If you need future treatment, like surgery, that will affect the value of your claim too.
Even if evidence points to the other driver being entirely at fault, their insurance company is likely to deny liability or offer you less than your claim is worth.
If your case proceeds into litigation, you need an attorney who has the necessary experience to take your case all the way to trial. Many cases won’t ever go to trial, but there is always the chance.
An attorney can also handle all negotiations with the other party’s insurance company. Dealing with insurance adjusters can be daunting. They may give the appearance they are on your side, but they aren’t. Their goal is to gain information from you that they can use against you to reduce your claim’s value or deny it outright. The adjuster may offer you a small amount early on in the case in hopes you will settle. That way, they can close their file before you have additional treatment.
If you’re wondering when to get an attorney for a car accident, the answer is “immediately.” If you’re being stonewalled by the other party’s insurance company, your lawyer may be able to help your settlement come through.
If you’ve been in a car accident, try to take pictures of the crash site. Documenting damage to your car is one way to get an accurate insurance settlement.
In general, you should report your car accident within 24 hours.
If you weren’t at fault, you need to have a lawyer who will help you prove your innocence and work to get you a decent settlement.
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.
You may be able to claim pain and suffering as part of your lawsuit, especially if you have had to undergo physical therapy or surgery.
You might be wondering “Do I need a lawyer after a car accident that wasn’t my fault?” Yes, you do. A judge will assign blame in an accident and you don’t want to get penalized for something you didn’t do.
If the accident was the other driver’s fault, you would contact the other driver’s insurance company to make a claim, just like you would in your state. If you need immediate medical treatment, you should go to the emergency room wherever the accident happened. You should then see your own doctor as soon as you get home, to get the right course of treatment set up.
If the accident happened just across the border from your home state, you’ll find that many personal injury lawyers are licensed (i.e., admitted to the bar) in neighboring states, especially in the northeastern U.S.
If the accident happened further away, the decision gets a little more complicated. A lawyer is usually allowed to handle a case in a state where they’re not admitted as long as they associate with another lawyer who is admitted in the state, and they get special permission from the other state’s bar (this is called pro hac vice admission). If you want to stay with a local lawyer, you should find one who has handled cases in other states under a pro hac vice arrangement, and is comfortable with the process.