Most drivers cannot imagine anything more stressful than getting into a car accident. Having an attorney working on your behalf will offer you guidance after a car accident.
Your lawyer will answer your questions and manage the legal side of your recovery so you can focus on your health and family. Contact a San Jose car accident lawyer if you suffered an injury in a traffic crash.
When Should I Contact a Car Accident Lawyer?
You should contact a lawyer as soon as possible after a car accident. After a traffic crash, you might wonder whether you need to hire an attorney. Most accident victims benefit from retaining an attorney.
Below, we discuss some of the more important ways a lawyer can support you. For more information, contact a car accident attorney near you today.
Filing an Insurance Claim
Dealing with the insurance company is hard. Insurance adjusters want to save the company money. Denying accident claims is the easiest way for insurance companies to save money.
Unfortunately, this leaves victims with uncompensated losses after an accident caused by someone else.
The other driver's insurance company might deny liability for the accident to avoid paying your claim. An attorney will stand up against the insurance company so that you receive full and fair compensation for your injuries.
After Suffering Significant Injuries
Accident victims who have suffered severe injuries need an attorney. Serious harm resulting from an accident might necessitate surgery, physical therapy, rehabilitation, or other ongoing care for complete treatment. Medical bills can quickly add up. Accident victims’ injuries may prevent them from working and earning a living.
A car accident can ruin you financially. A lawyer can assess your claim and assist in identifying your damages.
There Were Multiple Vehicles Involved in the Accident
You should always hire an attorney if multiple vehicles were involved in the accident. An attorney likely has more resources than you. They can assist in conducting a comprehensive investigation of the accident.
An attorney can help to identify each potentially responsible defendant. Naming every potentially responsible party helps increase your odds of a full financial recovery.
The Crash Involved the Government
A car accident can involve a government entity. For example, say you were in a car accident with a city utility truck. You might have a case against the government.
You need an experienced legal advocate to protect your rights while suing a governmental entity.
The Insurance Company Is Unresponsive
Insurance companies can try to settle cases quickly to avoid large payments, but they may be unresponsive to accomplish the same goal. An insurance company might delay offering you a settlement to try to exhaust you so that when you finally hear from them, you will accept any offer just to resolve your case.
Promptly engaging an attorney after a crash can prevent insurance companies from employing tactics to evade payment, safeguarding against being shortchanged during settlement negotiations.
Liability Is Unclear
Liability may be unclear in car accidents. If there is a chance a party can avoid taking responsibility for the crash, they will take it. Unrepresented accident victims are vulnerable to blame-shifting. The opposing parties may undermine their injuries.
An attorney shields you from blame-shifting from insurance companies and negligent drivers.
Determining Damages
You should get an experienced attorney to evaluate your damages to ensure you get full recovery.
Accident victims often downplay their injuries because they do not want to complain or burden their loved ones. Consequently, car accident victims may accept a lower settlement offer than they deserve.
An attorney can assess your injuries and clarify your entitlement to recover all your losses.
Insurance companies do not want to pay for injuries if they can avoid it. They are not on your side. If you are willing to accept a lowball offer, they will be happy to give it to you, even if they know you deserve more.
For example, an insurance company may ask for your medical records before offering a settlement. An insurance adjuster wants to review your medical records to attempt to blame your current injuries on past medical problems.
Having an attorney working on your behalf protects you from these issues.
Contact an attorney and get legal counsel before accepting a settlement or allowing an insurance company to review your medical records.
Should I Retain a Car Accident Lawyer if the Other Driver Was At Fault?
A car accident can happen because a driver acted negligently. The other driver will not admit they caused the accident because of their negligence. An attorney can investigate the facts and ascertain if you can establish each element of a negligence claim.
Drivers act negligently whenever they fail to use the degree of care that a reasonable person should use.
These are common examples of how drivers act negligently include:
- Speeding. According to the National Highway Traffic Safety Administration, speeding is one of the most common causes of traffic crashes.
- Distracted Driving. Distracted driving includes texting and driving, changing the music, speaking with passengers, or anything else that takes the driver's attention off the road.
- Drunk Driving. Driving under the influence of drugs or alcohol is always negligent.
- Reckless Driving. Drivers are negligent if they drive recklessly. For example, drivers might be reckless if they drive too fast in dangerous weather conditions.
Any car accident victim with a negligence claim against another driver must prove that the driver had a duty of care to them, that they breached their duty, that the other driver caused the accident, and that their injuries happened because of the other driver's actions.
Proving these elements can be difficult for a car accident victim to prove by themselves. An experienced attorney can assist in identifying the pertinent facts of your case, establishing negligence, and securing financial compensation.
Contact a Car Accident Lawyer Before You File a Personal Injury Lawsuit
Sometimes, the limits of the other driver's insurance policy are inadequate. If you have insufficient money to cover your injuries, you might need to turn to your insurance policy's uninsured or underinsured policy. Accessing your uninsured or underinsured policy requires filing a claim with your insurance company.
An attorney will help walk you through filing a claim.
If your uninsured or underinsured insurance does not cover the rest of your damages, you might consider filing a personal injury lawsuit.
An attorney will aid you in filing a lawsuit against the responsible defendant to seek compensation for your remaining losses.
Are There Advantages to Hiring a Car Accident Attorney Early in My Case?
Yes. Hiring an attorney at the start of your case best protects your legal rights after an accident. Time is of the essence after a car crash. An attorney will guide you to avoid common mistakes made by victims who delay hiring legal counsel.
You must prove your damages as a car accident victim. Providing evidence of your harm is a part of establishing your losses. Evidence deteriorates as time passes. Quickly hiring an attorney after a traffic crash gives your legal team time to collect and preserve evidence. The evidence your lawyer collects may support your claim.
Having an attorney at the start of your case can also protect you from quick but inadequate settlement offers from the insurance company. Insurance companies commonly contact accident victims immediately after the accident.
An insurance adjuster might ask you for a recorded statement. Providing too much information to the adjuster can harm your case. You can refer the insurance adjuster to your attorney if you hire a lawyer soon after the accident.
State law requires car accident victims to comply with strict procedural rules. Lawyers know the rules of civil litigation. An attorney can protect your right to pursue compensation by avoiding technical issues that might be fatal to your case.
What Is My Car Accident Case Worth?
There is no one-size-fits-all approach to determining the value of your car accident claim. However, the facts surrounding your accident can provide a general idea about the settlement value of your case.
Car accident victims might be entitled to economic and non-economic damages. An accident victim may recover accident-related losses, including medical expenses, lost income, repair costs, and other tangible losses.
Motor vehicle accident victims may also recover damages that are not easily quantifiable. Non-economic damages can include emotional distress and mental trauma.
An experienced car accident attorney can help an accident victim recover all the compensation they might be legally entitled to.
How Long Do I Have to Sue for a Car Accident?
Every state places limitations on how long accident victims have to file a claim. For example, California Code of Civil Procedure section 335.1 gives car accident victims two years from the accident date to file a lawsuit. This deadline is called the statute of limitations. The statute of limitations is strict and subject to rare exceptions.
Having a legal team reduces your chances of missing any important deadlines. Contact an attorney immediately after the crash to avoid missing the statute of limitations.
What Do Accident Lawyers Charge?
The cost of hiring legal representatives is near the top of every car accident victim's list of concerns. The concern about affording quality legal representation may lead accident victims to pursue compensation without professional help.
Fortunately, civil attorneys work on a contingent basis. You do not pay a lawyer unless you recover compensation for your injuries.
How Do I Choose the Right Car Accident Attorney?
Retaining an attorney that has what it takes to protect your rights is essential. You may not know what to look for in an attorney, especially if this is your first legal matter.
Here are examples of the characteristics that make an outstanding legal team.
- Experience handling car accident cases like yours
- A successful record
- Clear communication
- Compassion for your situation
- A team that works well together
- You agree to their fee structure
Car accident lawsuits can last for quite a long time, so do not waste time collaborating with a legal team that is not right for you. Research any lawyer you are considering representing your case. Gathering recommendations and reading online reviews are effective ways to select the best legal team.
What Should I Do After a Car Accident?
In the aftermath of a car accident, it is normal to feel fear, stress, and even panic. After a crash, do your best to remain calm. The steps you take after a crash can significantly impact your final settlement.
Some car accident victims find themselves injured and in pain. You must continue your medical treatment as advised by your doctor.
Keeping a journal where you write about your feelings regarding the accident is an effective way to discuss the emotional impact of the crash with your attorney. Bring your medical records, bills, and journal with your thoughts regarding the accident to an initial consultation with a car accident attorney.
You should contact a lawyer as soon as possible after a car accident. Remember that you are in control of your recovery after suffering an injury in a crash. Creating a legal team helps you maintain control over your claim.
A compassionate and hardworking legal team increases your chances of success as you pursue compensation from the insurance company and negligent drivers.
Contact a Car Accident Attorney Today
The aftermath of a car accident is often overwhelming. Hiring a car accident attorney immediately after the crash will help reduce the stress of the accident.
Your legal team will protect your rights after an accident. You can rely on an experienced car accident attorney to ensure you receive the compensation you deserve after getting injured in an accident.
Do not delay—arrange your initial consultation with a car accident lawyer immediately to clarify your legal options and pave the way towards securing the compensation you deserve. Delaying this initial step can potentially impact the strength of your case and the compensation you deserve.
Robert Bohn, Jr.
Attorney
For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.
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