when someone brings a lawyer into a car accident

by Selena Spencer 6 min read

When you hire a car accident lawyer, they will get to work investigating and gathering evidence to demonstrate your damages. If the other driver’s insurance company and your lawyer can come to a fair settlement, the case can be settled and there is often no need for a trial. However, there are situations where your case mayneed to go to court.

Full Answer

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. ...

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When to get an attorney for a car accident?

The following are only some ways an attorney can assist you:

  • Communicating with the insurance companies of the liable parties
  • Obtaining evidence of liability and damages
  • Negotiating for the settlement you need and deserve
  • Negotiating with lien holders
  • Determining when it’s time to file a personal injury lawsuit
  • Handling the litigation process to reach a settlement agreement

What is the best car accident lawyer?

  • The negligent driver’s employer
  • Municipalities if the road is in bad condition or street lights aren’t functional
  • Other drivers on the road
  • Auto manufacturers if a faulty part caused an accident
  • Your own insurance company (if you have uninsured or underinsured motorist coverage)

How to find the right car accident attorney for You?

Tips on Working with Your Lawyer

  1. First, the lawyer should have a great reputation. Research reviews of lawyers by other clients to see how many other people have had success with him or her.
  2. If you are the one filing the lawsuit, find a lawyer with the experience and knowledge to handle your case. ...
  3. Ask the lawyer for a summary of his or her practice in these types of cases. ...

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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 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.

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 do a car accident settlement?

After you have been in a car accident, taking on this time-consuming work may be the last thing you want to do, assuming you're able. An attorney can do it all for you.

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.

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.

What do you need to do to get paid for time away from work?

You’ll need to go to the hospital, doctor’s office, get a car rental, go to the body shop and more. This means time away from work and time is money. You should get paid for the time you missed away from work.

How many car accidents are there in Tampa?

There are over 1,000 car accidents in the Tampa area every single month and most people who get into car accidents don’t understand the importance of speaking with an attorney.

What happens if you pay less on a car accident claim?

So this means if they pay you less on your car accident claim they make more money. Thus, the stock price goes up and investors/shareholders are happy. A lawyer can provide guidance so the insurance company won’t take advantage of you. Your car has been damaged.

Why should I talk to a lawyer about car accidents?

Here are 5 reasons why you should consider talking to a lawyer if you have been involved in a car accident. Almost all insurance companies are for-profit businesses and most of them are publicly traded on the stock market. This means they have to make a profit in order for shareholders to be satisfied. In order to make a profit , insurance ...

Where to go to get your car repaired?

Since you’ll need to get your car repaired, it will need to go to an auto repair or auto body shop. Most insurance companies have “preferred” repair facilities that they want you to go to.

Do you have to speak to an attorney if you lose a car accident?

If we lose, you owe nothing. There is zero obligation to speak to an attorney and most people don’t even consider speaking to a lawyer. However, if you want your health to be a priority, ensure your vehicle is repaired correctly and you don’t want ...

Do doctors treat people who have been in a car accident?

If you have been injured, you need to seek medical attention. However, over 90% of doctors don’t like treating people who have been involved in a car accident. Why? When a doctor performs treatment on someone who has been involved in a car accident they are likely to end up in deposition or in court.

1. Help you know what to say following an accident

Following an accident, you might be tempted to say ‘I’m sorry,’ readily admit to fault, or even begin saying some choice words to the other party involved. Instead of doing all this, contact a lawyer immediately to help you understand how to speak to officers on scene as well as to insurance companies that might have follow-up questions.

2. Help you know how to act after an accident

You never want to make a car accident worse than it already is, and turning an accident into a road rage incident can do just that. Take a deep breath following an accident, and call a lawyer who can help settle your nerves and give you the peace of mind that they will handle the accident appropriately.

3. Can help you know what to document

Injury attorneys will help you know exactly what to document following a car accident to help you get the most out of your settlement. If you’re wondering why get a lawyer after a car accident, they have the most up-to-date and helpful knowledge on what you can document to help settle your case in court.

4. Can get you referred to a medical expert

Car accident doctors are worth their weight in gold when it comes to helping you get the most out of your settlement, documenting your injuries following an accident properly, and of course, treating your injuries with the utmost care.

5. Can help fight off insurance companies

Insurance companies don’t want to give you the best settlement upfront. Many insurance companies might even tell you you don’t need to hire a lawyer and say that their first offer is the best they can provide.

6. Can help defend you negotiate following a car accident

Not all lawsuits following a car accident will make it all the way to court. Many car accident lawsuits can actually get settled out of court. If you’re wondering why get a lawyer, a great auto accident attorney can help speed up your case and negotiate outside of the courtroom to still get you a great settlement offer.

7. Understand state fault rules

Not all states allow you to sue the other party for personal injury or expect them to pay your costs for collision repair following an accident. These are what are known as no-fault states. An auto accident attorney can help you determine what state laws apply to you and whether your state is a no-fault state.

What happens when both sides present evidence during a car accident trial?

When both sides have presented evidence during the car accident trial, the jury will decide: who was at fault for the accident. and how much money you should be awarded from the insurance company for your damages. If all goes well and your lawyer is able to present ...

What type of evidence can be used in a car accident trial?

Different types of evidence your lawyer may present during a car accident trial include: Witness interviews. Expert interviews, such as from a doctor who treated you. Medical records. Other evidence demonstrating your injuries. Accident reports.

What is an accident report?

Accident reports. The defendant (the at-fault driver) and their lawyer are then able to cross-examine you or your witnesses, provide objections to evidence, and present their side. After both sides have presented their cases, the decision goes to the jury. Jury Deliberation. In some states, the case may be heard and tried by ...

How to prepare for a car accident trial?

They can prepare your claim for trial by gathering evidence and carefully presenting your case. Presentation of Evidence. You will need to provide evidence that convinces the jury it is “more likely than not” that the other driver was negligent or caused your injuries in the car accident.

What is jury deliberation in Georgia?

Jury Deliberation. In some states, the case may be heard and tried by either a judge or a jury. In the State of Georgia, car accidents and other personal injury cases go to trial by jury. Your lawyer will try to feel out the jury for how sympathetic they may be towards your case.

What does it mean when insurance companies are for profit?

Insurance companies are for-profit businesses, meaning they can want to settle a case by paying out as little money as they can. If they are not willing to pay out what you deserve or they try to place the blame on you, your attorney may advise taking the case to trial.

What is sympathetic jury?

A sympathetic jury can lead to a higher award than you would get otherwise. Injury claims are known as civil cases, meaning they are more focused on helping the accident victim recovery for their losses than finding someone guilty and punishing them. Civil cases are also heard at a different court than criminal cases.

1. There is a Need to Collect Evidence to Prove Liability in the Crash

Collecting evidence about what happened in an accident is crucial to determining if a driver may have been negligent and who is therefore liable for the crash.

2. You Need Someone Skilled at Evaluating Damages and Determining the True Value of Your Injury

Once evidence is collected, it must be evaluated. Attorneys generally have many resources to build a case that the average person does not have. They include hiring medical experts to validate the seriousness of injuries and having accident reconstruction specialists to recreate the accident scene.

3. You Need Someone Who Can Dispute an At-Fault Driver Who Claims They are Not Responsible for the Accident

Sometimes a driver who is at fault in an accident will try to shift the blame and assert that it was not their negligence that caused the crash. A Slater & Zurz attorney will go over the evidence to determine exactly who was at fault. They will build a strong case on your behalf.

4. You Need Someone Knowledgeable About Ohio Law and How Insurance Policies Work

Slater & Zurz attorneys are familiar with Ohio personal injury law, Ohio insurance law and the defenses to negligence that are often presented. They know how to best mitigate these defenses and will file a lawsuit for you if necessary.

5. You Need Someone Knowledgeable about the Settlement Process

Insurance adjusters negotiate insurance settlements on a full-time basis. They fight for the best interests of the insurance company. Your Slater & Zurz attorney has considerable experience as a negotiator so you can obtain the compensation you deserve.

6. You Need Someone Who Can Offer You a Contingency Plan

Many times a personal injury victim has a big fight ahead and that fight will cost a considerable amount of money. Slater & Zurz accident lawyers have the necessary resources to fight your fight for you and they will offer you a “contingency plan” for payment of your legal bills.

When can I file a lawsuit?

There are limitations to whom you can sue. Certain states allow drivers to recover a settlement for pain and suffering and lost wages from their own insurers. Other states limit such settlements to victims who are suing an at-fault driver.

When should I bring an auto accident lawyer into the picture?

If you stand to receive a settlement for a minor injury resulting in less than $1,000 in medical care bills, you can negotiate fair compensation with an insurance adjuster on your own simply by educating yourself on the process.

When should you settle and when should you pursue a lawsuit?

Auto insurance companies will typically attempt to settle a small personal injury claim immediately following auto accidents to avoid going to court.

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 is a car accident lawsuit?

Car accident lawsuits are typically predicated on the theory that the other driver was negligent. With that in mind, state laws differ in how they award damages with respect to each driver’s level of negligence. States follow either a contributory, comparative, or modified comparative negligence model. If you live in a contributory negligence ...

What to do if your insurance won't pay you?

If you have injuries and the other parties’ insurance company won’t pay up, you may need to bring a lawsuit against the driver. A great first step is to meet with an experienced motor vehicle accident attorney near you.

What happens if you are 100 percent at fault?

Obviously if you are 100 percent at fault, trying to sue the other driver for your own injuries or medical expenses won’t be a successful endeavor. A skilled lawyer can help you determine fault for your accident and also help you decide how much you may be entitled to for your injuries based upon your percentage of fault.

Can you sue someone for no fault?

Many states have a no-fault insurance option, whereby the insurance company pays medical coverage regardless of which driver caused the accident. Still most no-fault states allow you to sue the other driver for severe damages.

Can you recover if you don't have insurance?

Keep in mind: many drivers who don’t carry insurance may also not have many assets from which to draw upon to pay for a lawsuit. Hence, even if you win a case against the driver, you may not be able to recover regardless.

Is driving in rush hour fun?

Driving home in rush hour traffic is never a fun activity. But while being stuck in traffic isn’t a picnic, it sure beats getting into a car accident. If you’ve been in a collision, you probably have many questions – particularly if you've been injured or have property damage.

Times When Insurance Might Pay for an Accident Where Someone Else Drove the Car

The insurance is only going to cover an accident that someone else caused in the car if that person was included on the insurance policy already. It is important to give permission to a person before they take the vehicle.

Times When Insurance Doesn't Pay for an Accident Caused By Someone Else

There might be situations where the insurance doesn't cover the damage to the vehicle caused because another party drives your car. These usually have to do with:

When the Teenage Child Causes an Accident with the Family Car

If a teenager has a license, they must be added as an insured name on the insurance policy. That way, they are covered if they drive your car and have an accident. Teenagers are often not responsible, which can raise rates. To legally drive your vehicle, the law says they must have a permit at least.

Do Car Insurance Rates Increase After a Car Accident?

In most cases, yes. Insurance rates are bound to go up if there is an accident. Car insurance works similarly when the other party is driving your car, or the owner is behind the wheel. If either party gets into an accident, the driver's insurance policies come into effect, and premiums go up.

Should a Lawyer Be Called?

Many people who get into a car accident don't need legal representation. However, if it was severe or a complicated case, a lawyer can be very helpful. They are going to build the case and find out if there is one. From there, they can handle everything, including documentation and more. If these apply to the situation, contact an attorney:

What to Do After the Accident

If anyone is injured, 911 should be called immediately. Report it to local law enforcement and have medical assistance at the scene. When possible, gather up what evidence there is or have the party involved do so. Take pictures of damages, intersections, and whatever else is available.

Final Thoughts

When someone else drives your car, they must follow the law and rules of the road. Accidents happen, but if the owner chose to let someone borrow their vehicle and causes an accident, it is important to make sure the insurance company pays if the policy says that.

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