Did you know that if you are injured or affected in a car crash you may require the services of a lawyer? What does a car accident lawyer do? How can they help facilitate your fair compensation?
A car accident lawyer is a legal professional who represents clients injured or suffering serious or costly damages because of a crash or other type of traffic accident.
These professionals can provide legal advice, communicate with insurance companies, and legally represent people who have been injured or damaged in a car accident due to the carelessness or negligence of another person or driver.
Car accident lawyers can offer assistance to their clients in different aspects including:
- Providing legal advice
- Investigating the accident
- Negotiating with insurance companies
- Providing representation in court
What does a car accident lawyer do for legal advice?
When a car accident happens, several laws may be involved that drivers and chauffeurs are often not familiar with or of which they are not fully aware. A car accident lawyer is a professional who knows the different laws and regulations and can advise their clients on the legal aspect.
Accident attorneys of this nature are familiar with the laws and regulations at the federal and state level. This may include:
In each state, there are traffic laws and regulations that lawyers should be aware of, which include speed limits, road signs, and other aspects that, if not respected by drivers, could be seen as negligence.
Personal Injury Laws
These laws establish liability, tort, and malpractice claims designed to protect people who have suffered harm that may be physical, emotional, or psychological because of the misconduct or carelessness of others. The purpose of these laws is that those who cause harm or injury to others must compensate those affected for their losses.
Likewise, car accident lawyers should be aware of the various laws governing automobile insurance, healthcare policies, and insurance company regulations. These regulations set forth the obligations and responsibilities of insurance companies.
Civil Liability Laws
Car accident lawyers should be fully aware of liability laws that establish who should be held responsible for damages and injuries resulting from a car accident. Liability focuses on a legal obligation to compensate an injured person for losses they have sustained because of someone else’s negligence or recklessness.
From their knowledge of the law, the attorney will be able to assess the viability of the case and analyze who is responsible for the accident and the injuries. They will also represent their client in the legal process during the different stages of the claim including negotiations with the insurance company and even trial.
What does the investigation of a case in a car accident look like?
In seeking to properly establish liability for the accident, as well as for the injuries and damages, the attorney can investigate to strengthen the case and seek better compensation from the insurance company or the responsible driver.
As part of this investigation, the attorney can gather basic information about the accident, such as the location, date, and time of the crash, as well as the names of the drivers or persons involved, in addition to information about their insurance policies.
Car accident attorneys are empowered to obtain copies of police reports of traffic accidents in which the road authorities usually document information about how the accident occurred and who might be responsible.
Another part of the investigation performed by a car accident lawyer is to obtain testimony from people who witnessed the accident. These witness states can strengthen a case.
Among the evidence collected by the lawyer are also medical reports and records that detail the different types of injuries sustained in an accident. In addition, a lawyer may analyze physical evidence such as damage to the vehicles or the place of the accident, as well as review photographs, videos, and any other type of information that may be useful to strengthen the case.
The attorney may even obtain experts if necessary to verify if there was any negligence or liability that may be overlooked.
After investigating a car accident, an attorney will clearly understand how the events occurred. This will allow them to obtain better compensation for his client.
How does a lawyer negotiate with an insurance company?
Part of a car accident attorney’s job is to establish communication with the insurance company.
Usually, insurance companies seek to settle with those affected immediately or in the shortest possible time after an accident. However, the coverages offered may minimize benefits available to cover their expenses for injuries, property damage, lost wages, transportation, psychological, emotional effects, and other losses.
The attorney will file a claim on behalf of his client with the insurance company of the responsible party. During the claims process, the attorney will detail the accident and the damages suffered by his client.
The lawyer will then negotiate with the insurance company so that his client can obtain fair and adequate compensation. It may be necessary for the attorney to present evidence and legal dialogue to reach an agreement.
In the event that an insurance company does not agree to a settlement fair to the injured party, the attorney can take the case to court and/or trial to seek adequate compensation on behalf of his client.
How does a car accident lawyer work in court?
When a fair settlement has not been reached with the responsible driver’s insurance company, the car accident attorney may represent his client during the litigation process in court.
The attorney will oversee preparing the case, rely on documented information and evidence to prepare a litigation strategy and ensure that deadlines and various legal requirements are met.
Depending on the case and the compensation sought, a lawsuit may be filed in state or federal court.
Even after filing a lawsuit, negotiations and even mediation will take place. Therein, the attorney may seek a settlement with the insurer or the responsible party. However, in the event that the case is not resolved, a trial would be necessary.
At trial, the attorney will present evidence and arguments on behalf of his client to prove the injuries and damages suffered as a result of the traffic accident.
At the end of trial, a jury will examine the evidence and case presented by the attorney to establish just compensation.