Car accidents are a sad part of life these days. Some do nothing more than create small dents and scratches on cars, but others cause devastating injuries, disabilities, or death. If you or a family member was involved in a car accident as a result of someone else’s carelessness, you may be able to receive compensation. But the court system and insurance companies can be daunting. This is where the value of hiring a car accident lawyer comes in.
Understanding Your Legal Rights
Most accident victims are not aware of their legal rights and the compensation they can recover. Personal injury laws are very complicated in nature, and claiming compensation is not as simple as it appears.
Proving negligence is probably the most important part of a personal injury suit. This means showing that the other driver was negligent insofar as he or she was negligently driving, speeding, under the influence of alcohol, or otherwise negligent. It can be difficult to do this without a lawyer.
Also, each state has a statute of limitations, so you only have a limited period of time to file your claim. In most states, it is just two years. A car accident attorney will make sure that all time limits are met and that you do not lose the right to recover damages due to a technicality.
Handling Insurance Companies
If you think your insurance company is going to work for your best, think again. Insurance companies are corporations that want to pay out as little as possible so that they can keep their profits. When you submit a claim, an insurance adjuster is sent out to review your case. Their motive is not to assist you but to lower the amount the company needs to pay. This is the way they could do it:
- Denial of your claim: They can say that your injuries are less serious or were caused by a pre-existing condition.
- Faulting you for causing the accident: They can try to put some or all of the blame on you so that they do not have to pay as much.
- Making a low settlement offer: Insurance firms prefer to provide a low settlement offer quickly that is much lower than what you are eligible for, hoping that you would settle for the offer since you require the money.
An experienced car accident lawyer will negotiate with the insurance provider to get a good settlement for you. They will file the case to court if necessary in order to litigate for your rights.
Establishing Negligence and Responsibility
It is hard to hold the other driver accountable, particularly when they attempt to deflect. Contributory negligence is one of the most common defenses, which means they attempt to place some fault on you as a means of limiting their liability. These include:
- Collecting police reports and witness statements
- Reviewing medical records
- Locating accident reconstruction specialists
- Seeking traffic camera video (if available)
Even if you are partially at fault, you might be able to recover. We make sure that you get as much as you can based on your degree of fault.
Determining the Actual Value of Your Claim
Car crashes not only result in physical harm; they result in emotional trauma, economic loss, and ongoing suffering. Medical costs and lost wages are easily quantifiable, but the same cannot be said for the worth of pain and suffering. A car accident attorney will take time to meet with medical professionals, economists, and mental health professionals to evaluate the overall effect of the crash.
The compensation could be:
- Medical expenses (present and future)
- Rehabilitation expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of quality of life
By hiring professionals, we can ensure that you receive what you really deserve and not what the insurance company is willing to pay.
Taking the Case to Court
Most car accident claims are resolved out of court. But if the insurance company is unwilling to make a fair settlement, we do not hesitate to take it to court. The reports indicate that more than 95% of personal injury claims are resolved short of court, but in the event that negotiation breaks down, having an experienced attorney to fight your corner can prove priceless.
When to Call a Car Accident Lawyer
Although you may want to represent yourself, it is worth the investment to have a car accident attorney if:
- You were severely injured by a negligent driver.
- The negligent driver is refusing fault.
- The insurance company is not paying or will only make a low settlement.
- You are being bullied into providing medical reports that can be used against you.
- There are a number of parties to the case, and liability is tricky.
Conclusion
A car accident can change your life in an instant, and you will be left with physical, emotional, and financial troubles. While no amount of money can remove the trauma, fair compensation can help you move on without having to worry about finances. Hiring a car accident lawyer ensures that your rights are protected, your case is professionally managed, and you receive the compensation you deserve.