According to statistics, more than 37,000 people die as a result of injuries sustained during an accident per year in the United States. Most victims opt to file for compensation claims on their own, which is an ill-advised move. Insurance companies have highly experienced lawyers who fight to reduce your compensation amount as much as possible.
In the worst-case scenario, the defendant’s insurance company might deny you compensation using legal loopholes in your case. Therefore, the best cause of action to give you a chance of winning a personal injury case resulting from a motor accident is by hiring a car accident lawyer. This article explains instances when hiring a car accident lawyer is necessary.
When the Accident is a Result of Another Driver Being at Fault
The law considers another motorist at-fault when they cause an accident by disregarding traffic rules. As a result, you could suffer personal injury due to the other driver’s negligence. At an intersection, for example, the traffic lights show who has the right of way. If a driver runs the red light and they hit your car, the other driver is at fault and is liable for causing you an injury. The driver is also liable to pay you monetary damages.
Many entities, including government agencies, companies and individuals, can cause at-fault accidents. You will need an experienced lawyer to help determine who is at fault in the accident. Although it might seem obvious to you, many legal aspects are involved in an accident claim lawsuit.
In most states, you have to adhere to particular notice provisions if your accident compensation claim is to be admissible in court. Suppose you do not follow these legal procedures. It becomes challenging for the court to compensate you for pain and suffering and other insurance benefits like medical bill coverage from the defendant if you do not follow these legal procedures. Although some insurance companies are ethical, many will try to minimize the cash payments as much as possible.
If the accident involves a government agency or entity, for example, a federal reserve truck, or a police vehicle, it is advisable to seek the services of a personal injury lawyer. Depending on the accident’s nature, you must follow different protocols for your lawsuit to be successful. The suit for a hit and run, for instance, or an accident involving a bus or an uninsured motorist is different from a suit that arises from an accident caused by a driver whose car is insured.
Various insurance companies have different notice requirements. Some insurance companies require you to give them notice within 30 days of being involved in an accident caused by a hit and run driver. This short period notice requirement poses a significant challenge, specifically if you suffer severe injuries in the accident. You run the risk of missing the deadline if you suffer significant injuries and are under treatment, and do not realize the notice period elapses.
Hiring an injury lawyer will ensure that this deadline does not elapse as the firm’s lawyers will inform your insurance company of the accident and follow up with the insurance company.
When the Opposing Counsel cites Your Social Media Content to Shed a Negative Light on Your Character
Did you know that your social media postings might affect the outcome of your injury claim? In most states, the defense counsel will check your social media posts to shed a negative light on your character. As it happens in law courts, the defense attorneys and insurance adjusters will use the posts and pictures in your social media account to reduce your compensation.
Therefore, when filing for a serious personal accident lawsuit, it is essential to hire a car accident lawyer. They will present counter-arguments on your behalf before the jury and the judge. For example, if you post a picture of yourself holding a bottle of whiskey or a can of beer while driving, the defense counsel might argue that you have a drunk driving history. The defense lawyers might argue that your intoxication caused the accident, which might not be necessarily true.
When Filling Your Submittal Forms
Accident claim submittal forms are very sensitive, especially when filling in information about an accident. Many insurance companies and defense lawyers look for inconsistencies in these forms and accuse you of being a liar even if it was an honest mistake.
A personal injury attorney law firm will help you fill the submittal form in the right manner to seal off any legal loophole the defendant might exploit. When the defense attorneys spot any inconsistencies in the paper, they can claim fraud, which can negate your compensation lawsuit against the defendant. It is perfectly normal to forget, for example, what a doctor’s appointment was for, say 13 years ago.
Since insurance companies can find your medical history, it is essential to have a personal injury lawyer present when you fill in such important information. In case you need any confirmation, the lawyer will contact the hospital. Using a personal injury attorney law firm when filing for a personal injury claim comes in handy as the attorneys help you have your facts straight.
A Personal Injury Attorney Law Firm Will Ensure You Receive the Rightful Compensation
It is no secret that an accident leaves you disillusioned, in pain, and unable to continue with your day to day activities. You might also incur substantial medical bills, and it might also become emotionally straining as you figure out how you will cover the bills. By hiring a personal injury attorney, your worries will be put to rest. Your lawyer will strategize on the best approach to ensure that you win the case. The lawyers will also ensure the defendant pays for your medical bills, pain and suffering, and other related expenses resulting from the personal accident.
The amount of cash that you receive as a settlement largely depends on two things. Your accident lawyer’s ability to negotiate the compensation amount you will receive from the defendant and the personal injury attorney law firm’s experience to handle individual accident cases. Therefore, it is paramount to conduct due diligence when choosing a law firm to represent you in the court of law.
You will find two compensation values, the case value and the settlement value, in a personal injury case. The case value is a combination of both the non-economic damages and the economic damages you suffer from the accident. The settlement value is the amount of cash the court is likely to award you depending on the chances of winning the court case against the defendant. If, for instance, the case value is $500,000 and you have a 60% chance of winning the case, the settlement value will be $300,000.
The settlement value, therefore, depends on the case value and your chances of winning the case. The settlement is usually done outside the court. You can either decide to settle the case outside the court or let it proceed and let the court determine the amount of money you will receive as compensation. In any case, you will need a personal injury attorney law firm to negotiate the best settlement.
You can decide to sue the defendant on your own, but that would be an ill-advised move. Insurance companies have very experienced lawyers whose main job is keeping the insurance payments to the minimum. When you sue a defendant on your own, there is a high possibility that their insurance company will offer you a settlement that is way below what you are worth. Should you refuse the out of court settlement and the case proceeds, you will be bombarded with many legal hurdles, and your chances of winning a court case against the defendant’s insurance company lawyers are very slim.
Therefore, you should employ the services of a Car Accident Lawyer who is well-versed with the law in your state to increase your chances of receiving the right damages even in an out-of-court settlement. A personal injury attorney law firm will also give you a chance of winning the case in court against the defendant because they understand the legal jargon and how the justice system works.
When you Need to Prove That You Have Suffered Non-Economic Damages
When you are involved in an accident that results in personal injury, you suffer economic and non-economic damages. Monetary damages like medical bills, lost wages due to the accident, and other similar damages are easy to identify and sue for compensation. On the other hand, non-economic damages like emotional distress, pain, suffering, and the loss of companionship if the accident leads to death are way trickier to sue for compensation because they are difficult to place a dollar value on them.
Insurance companies understand this too.
They might try to downplay the impact the accident has had on you regarding your emotional well-being. Therefore, it is crucial to involve the services of a personal injury attorney law firm that has your interest at heart. The law firm will ensure the defendant compensates you adequately for the non-economic damages you suffer due to the accident.
When You Need to Prove Your Case in The Court
A court depends on evidence to decide on your accident case. Therefore, it is paramount to present substantial evidence to increase your chances of winning the court case. You will need a personal injury attorney law firm to gather admissible evidence on your behalf. You might not have the time or energy to do it yourself if you were critically injured in the accident. You would also need to rest after the trauma caused by the accident. The last thing you want is moving up and down while gathering evidence.
The personal injury attorney law firm gathers evidence to prove that the defendant is liable for the accident. Evidence includes any records that the police might have of the accident, insurance statements, bills and invoices you used to seek treatment, eye witness reports, and victims’ reports if you were more than one person in the accidents. Other sources of evidence in a car crash that helps you strengthen your case against the defendant include:
- The wrecked motor vehicles.
- Your medical records.
- Any electronic information from vehicle computers or cell phones
- Any other source of evidence that might prove to be vital in your case.
Apart from being too hurt to collect evidence, it is best to leave the process to trained car accident lawyers who know what kind of evidence is permissible in court. A personal injury law firm will help you find evidence in the right place since they know where to look. Additionally, they will lawfully gather the evidence and not jeopardize the chances of using the evidence in court.
A car accident lawyer has experience in using the evidence they gather to argue your case so that you can receive your full compensation. The personal injury attorney law firm will work with other professionals like forensic experts to support your case through expertly acquired evidence to strengthen the case further. The lawyers will also enlist professional witnesses like doctors or psychologists who will testify on your behalf.
When You Need to Receive Compensation If Multiple People Were Injured
It becomes paramount to use the personal injury attorney law firm’s services if the victims are your family members. Filing multiple lawsuits at the same time is a complicated process. Therefore, it is best to leave the process in the hands of an experienced personal accident lawyer. The lawyer has the expertise of handling multiple claims and can keep track of all the legal proceedings. At the same time, they protect your interest and ensure that every victim receives their rightful compensation.
You will need a personal injury lawyer to file for wrongful death if a loved one dies in the accident. The death can be immediate or as a result of injuries that the victim sustains during the accident. A wrongful death claim allows you to file for compensation from the defendant where the family members receive the damages on behalf of the deceased. Through a personal injury lawyer, the dead victim’s family members can receive damages for expected lost income should the victim have survived. The family members receive compensation for treatment and medical bills the victim incurred before their death. The defendant also covers the expenses associated with the deceased victim’s funeral burial.
The personal accident lawyer will help you seek compensation from the defendant for the guidance, attention, moral support, and affection that the deceased provided. You will also be compensated for the loss of financial support the dead provided. However, it is essential to note that the laws governing these compensation claims are complicated in most states. That is why it is advisable to seek an experienced car accident lawyer’s services to help you in the case.
You Need A Car Accident Lawyer to Help You File for Damages in Case You Sustain Long Term Injuries
Long-term or severe injuries you sustain in an accident might not become apparent after the accident. For instance, you can have a knee problem two years after the accident. You might also sustain severe injuries during the accident. It is prudent to employ a car accident lawyer’s services to help you file for compensation in whichever case.
The courts use three factors to determine the severity of an accident. The present and future costs you will incur in treatments and lost wages due to the accident, the length of time you are expected to recover from the injury, and the nature of injuries you sustain during the accident. It takes more time to recover from a severe injury. According to the law in most states, a painful or long-term injury is an injury that takes more than a year to heal.
Call A Car Accident Lawyer Near Me
When you are involved in an accident, it is prudent to involve an accident lawyer especially if you have sustained injuries. The legal process of claiming damages is complicated and you might receive a raw deal if you sue the defendant without the help of a lawyer. An attorney will help you receive the rightful compensation and will follow up on your case by appearing in court on your behalf as you recover. If you are involved in a car accident in California, do not hesitate to call The Personal Injury Attorney Law Firm at 619-625-8707.