If you've suffered an injury in a car accident, your quality of life is likely to take a nasty turn. You may endure chronic pain, worsening mental health, and loss of productivity. Fortunately, personal injury laws allow car accident victims to pursue compensation from the at-fault party.
You will likely face resistance from the at-fault party's insurer. You must also gather evidence to prove negligence actions by the defendant. You, therefore, require the knowledge of a legal professional who can guide you on the next steps.
A Clearwater car accident lawyer has the skills to protect your interest during your personal injury claim.
Here's how a car accident attorney can help after a car accident.
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Gathering Evidence
You should gather as much evidence as possible to support your personal injury claim. An attorney understands the relevant evidence that can support your claim. You can rely on their knowledge to gather and preserve relevant evidence.
Here's how an attorney can assist you:
Accident Scene Investigation
A car accident lawyer can visit the accident scene and conduct a thorough investigation. They will document any skid marks, road conditions, and property damage. They may even take photographs or videos to preserve the evidence.
The findings can help determine who was at fault and strengthen your case.
Witness Interviews
A car accident attorney will interview witnesses at the accident scene. Their statements can provide valuable insight into how the accident occurred and who was responsible.
The car accident attorney will rely on witness statements to build a strong case on your behalf.
Medical Records and Expert Testimonies
Your attorney can gather all relevant medical records to support your personal injury claim. They may also consult medical experts who can testify to the extent of your injuries and their impact on your life.
Medical records and expert testimonies can help establish the severity of your injuries and the compensation you deserve.
Police Reports and Documentation
A car accident lawyer can obtain copies of police reports and any other official documentation related to the accident. These reports contain valuable information, such as the officer's assessment of the accident scene, statements from involved parties, and any citations issued.
Your car accident attorney will use the report to establish the liable party and build a strong case on your behalf.
Surveillance Footage
Surveillance footage from nearby businesses or traffic cameras may have captured the accident. A car accident lawyer can use their skills to obtain this footage as evidence.
Further, if either vehicle involved in the accident has a black box, your attorney can access the stored data, which can provide evidence to establish the cause and extent of the injury.
Accident Reconstruction
There are many ways to establish the liable party, including accident reconstruction. A car accident attorney can work closely with accident reconstruction experts who can analyze the evidence and recreate the accident scene.
The findings of an accident reconstruction expert can establish fault and strengthen your case.
They Help You Make Better Decisions
A wrong move after a car accident can leave you grappling with unpaid medical bills and financial losses. That's where a car accident attorney comes in. They are there to guide you through the legal process and help you make decisions that protect your interests.
They naturally understand personal injury laws and can explain your rights and options. A car accident attorney can advise on whether to settle or go to full trial.
Your attorney can also evaluate the settlement offers from insurance companies and advise you whether to accept or litigate the matter in pursuit of better compensation.
An attorney can help you choose a suitable healthcare provider to treat your injuries and ensure proper documentation is in place to support your documentation.
Determine the Amount of Compensation
Your settlement value in a car accident claim affects your ability to recover from injury-related losses. You can rely on a car accident attorney to determine the value of damages. An attorney can effectively advocate for your rights and maximize your settlement value by assessing various aspects of your case.
Here are the factors that determine the value of a car accident claim:
Severity of Injuries
A car accident victim with a traumatic brain injury is likely to receive a higher settlement value compared to a counterpart with a bone fracture. The higher settlement value is to cover medication, long-term care, and lost income associated with severe injuries.
A car accident lawyer will thoroughly evaluate your medical records, consult with medical specialists, and accurately assess the long-term impact of your injuries on your physical and emotional well-being.
Availability of Evidence
The strength of the evidence in your case contributes to the positive outcome of your case. A skilled car accident lawyer will meticulously gather and analyze all available evidence, such as police reports, witness statements, photographs, and video surveillance footage.
They may also collaborate with car accident experts to establish liability and strengthen your claim. By presenting a compelling case with solid evidence, a car accident lawyer can significantly increase the likelihood of a favorable settlement offer.
Insurance Coverage
The insurance coverage of the at-fault party can impact the settlement value.
A car accident lawyer will review the insurance policy and coverage terms to determine the maximum value of compensation you can receive for your losses.
They will negotiate with insurance adjusters and advocate for the best possible settlement on your behalf.
A car accident attorney's vast experience in dealing with insurance companies can be invaluable in securing a fair settlement that adequately covers your damages.
Duration of Recovery Period
The time it takes to recover from your injuries can also affect the settlement value. A car accident lawyer will consider both the immediate medical treatment you require and any ongoing rehabilitation or therapy necessary for your recovery.
They will work with medical professionals to accurately assess the duration and cost of your recovery period. This comprehensive evaluation ensures that your settlement includes compensation for the full extent of your recovery process.
Shared Fault
In some instances, both parties may share fault for the accident, which can affect the settlement value for your losses. A car accident lawyer will thoroughly analyze the evidence, assess the percentage of fault assigned to each party, and estimate the applicable damages.
A car accident attorney can mitigate any potential reduction in your settlement value due to shared fault in a court of law.
Filing a Personal Injury Claim
The aftermath of a car accident is overwhelming, so you can rely on the knowledge of a car accident claim to file a personal injury claim. A car accident lawyer will handle the paperwork, adhere to applicable deadlines, and communicate with insurers on your behalf.
Having a dedicated legal professional on your side can give you peace of mind and allow you to focus on your recovery.
Settlement Negotiations
After a car accident, an insurance company of the at-fault party may approach you with a settlement offer. While accepting the offer and quickly resolving the matter may seem tempting, you will likely leave money on the table.
Remember that the insurance company's primary goal is to minimize its financial liability. This means that their initial offer may not fully cover your injury-related losses. A car accident attorney can protect your interest during settlement negotiations.
They have experience negotiating with insurance companies and know how to accurately calculate the full extent of your damages. They will carefully review your case, gather evidence, and build a strong argument to support your claim.
A car accident lawyer can rely on their knowledge and experience to negotiate with the insurance company on your behalf to secure a fair and just settlement.
Representation in Court
Although most injured victims obtain compensation from the at-fault party's insurer, some must proceed to court. Working with a skilled car accident lawyer by your side can significantly increase your chances of obtaining a favorable outcome in court.
A car accident attorney understands the personal injury and car accident laws, and they know how to apply these statutes to your case. Their wealth of knowledge allows them to build a strong legal strategy tailored to the specific details of your accident.
They have experience working with insurance companies and opposing counsel and know how to best advocate for your rights.
Here are the steps that a car accident attorney uses to represent an injured party in court:
- Discovery phase
- Pre-trial negotiations and mediation
- Trial proceedings
- Verdicts and appeals
What to Do After a Car Accident
In the aftermath of a collision, remember to stay calm and take the necessary steps to protect yourself and your interests.
Here are some key actions you should take after being involved in a car accident:
Seek Medical Attention
Prioritize your health and safety after a car accident. Even if you don't feel immediate pain or see any visible injuries, seek medical attention as soon as possible. Some injuries, like whiplash or internal bleeding, may not manifest immediately and can worsen over time if left untreated.
A medical professional will assess your condition and provide the necessary treatment. Most importantly, they'll generate records you can rely on to initiate personal injury claims or lawsuits.
Gather Accident-Related Information
Collect information about the accident to preserve your rights as an injured victim. Examples of information you can collect include names, contact information, and insurance details of all parties involved.
Report the Crash to the Police
Regardless of the accident's severity, report the incident to the police. Contact your local law enforcement agency to inform them about the collision and provide accurate details about what happened.
The police report generated from this interaction will be an official accident record and valuable evidence in your case. Cooperate fully with the police, providing them with accurate information to the best of your ability.
Alert Your Insurer About the Crash
Whether or not the at-fault party has agreed to pay for the losses, alert your insurer about the crash. Most insurers require policyholders to provide a notification about the accident within a specific window.
Your insurer can negotiate with your insurer for injury-related losses if the at-fault party has no auto plan or holds insufficient coverage. Do not negotiate with an insurer without the support of a car accident lawyer.
A car accident attorney can speak and negotiate with an insurer on your behalf so you receive the maximum settlement value for your losses.
Damages in a Car Accident
You may be eligible for compensation if you've sustained an injury in a car accident caused by someone else's fault. The role of compensation is to restore your status before the car accident.
A car accident attorney can pursue the following compensable damages:
- Medical expenses
- Lost income
- Out-of-pocket expenses
- Pain and suffering
- Reduced quality of life
- Loss of companionship
- Emotional distress
- Punitive damages
How Much Does it Cost to Hire a Car Accident Lawyer?
Hiring a car accident attorney can contribute to a positive outcome of your personal injury claim. The cost of hiring a car accident attorney is typically based on a contingency fee arrangement.
This means that the attorney's fee is contingent on successfully recovering compensation for the client. The attorney usually takes a percentage of the settlement or award as their fee.
Factors that can impact the cost of hiring an attorney include the complexity of the case, the extent of the injuries, and the amount of damages sought. Moreover, the attorney's experience and reputation may also influence their fee structure.
Get the Legal Guidance You Need From a Trusted Car Accident Attorney
Your likelihood of recovering from injury-related losses from a car accident depends on the settlement value you'll receive. Your actions after a car accident can also work to protect your rights as an injured victim.
While you can easily calculate economic damages like medical expenses, lost income, or out-of-pocket expenses, it is difficult to estimate the worth of non-economic damages. A car accident lawyer can establish and fight for the various damages associated with your injury.
A car accident attorney will provide legal guidance, protect your interest, and handle the legal aspects as you focus on recovery. Contact an Clearwater personal injury attorney as soon as possible to protect your rights.