You've been in a car accident you don't believe was your fault, and now you want a settlement to help cover the costs of medical bills, lost work time and wages, and other expenses associated with your accident. This is where a personal injury case comes into play. Collect All Accident Evidence After being involved in a car accident, the first thing you should do is seek medical attention. Of course, the severity of injuries vary by accident, but the most important thing to remember is to make sure you're healthy before moving forward with any other crash- related procedures. Once you've been given a clean enough bill of health to move forward, it's time to collect all accident-related evidence. Your accident lawyer will need this evidence as part of your personal injury case. Such evidence includes, but isn't necessarily limited to: A copy of the official police report. The other party's identifying information, such as: o Name. o Address. o Telephone number. o Car insurance policy information. Statements from any accident witnesses, as well as the witnesses: o Names. o Addresses. o Telephone numbers. Accident scene photographs, including pictures of: o All vehicles involved in the accident. o Any factors that could have contributed to the accident, such as weather. o Visible injuries you sustained. All medical records, including those from the EMTs and every doctor you see. Any records showing missed work and wages. As you can see, you'll have to collect some of this evidence—such as that proving missed work and wages—during the course of the personal injury case and not immediately at the accident scene. Contact a Personal Injury Lawyer Next, you should consider contacting a personal injury attorney. Sure, you can attempt to handle the case yourself, but an accident lawyer specializes in handling personal injury claims, and is skilled in going up against the other experienced attorneys that the big insurance companies will have on their sides. Your personal injury attorney can review the accident- and medical-related evidence you've presented (as well as suggest additional evidence you can collect to help your claim) and determine whether you have a personal injury case on your hands. If you do, your attorney then can begin the next steps. Attempt Negotiations Once you have a qualified personal injury lawyer on your side, his or her first step in the actual claims process probably will be to start a negotiation process. Basically, some claims don't need to go to trial; the lawyers (yours and the insurance companies') oftentimes can get together and work out a settlement that satisfies both parties. NOTE: Depending on factors such as the statute of limitations, many lawyers wait until you've reached the end of your medical treatment -- or can provide proof of the cost of necessary future treatments—before making demands during negotiations. When a satisfactory negotiation can't be reached, though, your lawyer will likely officially file your personal injury lawsuit. File a Personal Injury Case When negotiations don't work, it's time to file a personal injury lawsuit. Your personal injury lawyer will handle this step in its entirety for you; the important thing for you to remember, though, is that in most cases, patience is a virtue. Depending on the statute of limitations, it could take anywhere from months to years before your case actually reaches a courtroom. Begin Pre-Trial Litigation Generally, the discovery process is the first step in pre-trial litigation. The discovery process allows the attorneys to: Investigate legal claims and defenses. Request documents and ask questions of each other. Collect depositions (basically, statements) from witnesses relevant to the case. o This includes you (the plaintiff) and the other party and/or insurance company (the defendant). Sometimes during pre-trial litigation, the attorneys might begin mediation and negotiation processes again. At this point, if they can come to an agreement, you could receive your settlement; if not, it's likely your lawyer will move forward with scheduling the personal injury trial. Schedule a Personal Injury Trial Once mediations and negotiations don't work, your attorney and the court will schedule your personal injury trial. As mentioned above, you must practice patience at this point. Depending on a number of factors (such as the severity of your case, and the court's and judge's schedules), it could take months or years before your trial takes place and your claim is finally settled. However, once the trial comes to an end, you will receive your verdict. Keep in mind; if you receive a lesser amount—or nothing at all—when your verdict is reached, your attorney can advise you on the possibility of filing an appeal.
There are many benefits to hiring a personal injury attorney when you've been injured in a car accident, especially if your injuries are serious. The best move that you can make after you suffer a personal injury is to hire an expert. See below for some of the ways hiring a personal injury lawyer can help you deal with your claim. The accident happened so fast. Now, you are trying to heal from your injuries and get back to normal life. But the stress of everything keeps building. Your medical bills keep piling up. Your finances may have been affected because of your injury-related time off of work. What can you do to get back on your feet? Fortunately, there is something you can do. You can hire a personal injury attorney. A lawyer well-versed in accident claims can help immensely during this difficult time. The following are the top five reasons you should consider hiring a personal injury attorney: Experience with Car Insurance Companies / Protect your rights You don't deal with insurance companies every day. These lawyers do. They understand the process of reaching a settlement, and because they've seen cases like yours, most personal injury law firms have a good idea of the type of settlement you can expect. An attorney also understands how to negotiate with auto insurance companies to get you the fairest settlement possible. When a personal injury occurs, especially if it involves a large company, you can be certain that they will hire investigators and their lawyers will already be preparing to address your claim. Having an experienced attorney on your side will greatly enhance the possibility of success. One of the most important things an attorney can do for you right now is act as an advocate for you when dealing with the insurance companies. These companies are trying to protect their profits, not your health and welfare. Hiring a lawyer and ensure that someone looking out for you and your rights. Knowledge of the Law /Improves your odds An experienced personal injury lawyer knows the particular laws that apply to your accident. Because of this, they may see other avenues for settlement that you don't. This can be especially important if the accident involved an uninsured driver. Personal Injury laws, especially those related to car accidents and trucking accidents, are very complex and require a great deal of work, such as filing claims, making statements, documenting the incident, and work with insurance companies. With so much documentation and information, it’s important to have an expert handling the details for you. This will minimize potential mistakes or missteps that could determine your recovery. It’s highly likely that if you were in an auto accident and suffered an injury, you will be going against an insurance company if you decide to file suit. Undertaking this type of battle is highly difficult without a thorough knowledge of the law. There is probably no amount of preparation that you can take to match the knowledge of a seasoned attorney. Chances are, they will use your experience for their best interests and turn your case into a shambles. Proving fault is not that easy. We will help you establish proof that the accident wasn’t your fault. Having an experienced lawyer is absolutely crucial when it comes to proving your case. Knowing the law is our business. We will fight for you to be sure there is no doubt regarding the extent of your injuries. There are strict rules and guidelines when it comes to filing injury claims. Our personal injury attorneys are experts at knowing and understanding these issues. They are knowledgeable about things like the statute of limitations and complex paperwork filing procedures. Your lawyer will ensure you don’t lose out on what you’re entitled to simply because of a paperwork error,loophole or technicality. Understanding of Accident-Related Injuries Because lawyers who specialize in personal injury cases deal with injuries caused in car accidents frequently, a trained attorney may be able to make recommendations for medical tests and care you should explore. More importantly, he will understand the long-term effects, if any, of your injuries. This is vitally important in deciding whether a settlement offer is a fair one. Our experienced personal injury lawyers will help you get the compensation you’re entitled to. You may have injuries you’re not currently aware of or problems related to your accident that may never have occurred to you. Don’t make the mistake of giving money away simply because you didn’t know. Our attorneys know the laws regarding things like mental duress, pain and suffering and related medical expenses. Court Experience Finally, if you are unable to reach a settlement with an insurance company, or if the cost of the injuries exceeds the insured amount, a personal injury lawyer can represent you in court. This is essential if you have to sue the auto insurance company or others to get full coverage of your medical expenses and other pain and suffering. Maximize Compensation Maximizing the award you receive is, in many cases, the ultimate goal. If your injury is significant enough, there’s a good chance that you’ve lost wages and racked up massive medical bills, and that doesn’t even include the emotional distress you’ve suffered. A study conducted by the Insurance Research Council found that people represented by a personal injury attorney receive 3.5 times more money in damages than those who represent themselves. People who have been involved in accidents have a decision to make. Many accident victims will choose what they perceive to be the simpler, cheaper route – not hiring an attorney. However, retaining the services of a seasoned personal injury attorney will not only simplify the situation, but it will also strengthen your position and set you up to receive a much more substantial amount of compensation. We Offer Peace of Mind Having a lawyer on your side during this stressful time just makes sense. You’ve been hurt, lost wages, and are facing medical bills you can’t afford. You need an expert who is on your side and can provide you with the peace of mind to know that everything is going to be all right. That is perhaps the best reason of all to hire our personal injury attorneys.
First and foremost, if you are hurt after a car accident, seek medical attention. You can worry about who's at fault and who's financially responsible for damages after medical personnel has examined and/or treated everyone involved. Once your well-being has been secured, you can begin the process of determining whether you have a case for filing a personal injury claim. Below, we've outlined some general steps to help get you started. Understand, these are general steps; your specific process might vary depending on factors specific to your situation, such as the severity of personal injury and whether the at-fault party has sufficient car insurance. Collect Evidence Once you've sought medical attention for immediate problems, begin collecting evidence at the crash site. This evidence will help you and your personal injury lawyer build the best case possible. Evidence can include, but isn't limited to: The other party's personal information, including: o Name. o Telephone number. o Address. o Car insurance policy information. Photographs of the accident scene, including photos of: o Your vehicle. o The other party's vehicle. o Any surrounding factors that could have contributed to the accident. o Any visible injuries you sustained. Information from the accident's witnesses, including: o Names. o Contact information. o Statements of what they saw. You'll also want to collect and keep record of all medical-related evidence. Such evidence can include, but isn't necessarily limited to, formal documentation of your: Injuries sustained during the car accident. Medical records and files with all doctors and other specialists. o This will include information about doctor visits, including dates and times. Prescription medication and other therapy treatments. Information about any lost work time and wages due to your injuries, doctor appointments, etc. Contact a Personal Injury Attorney Simply put, a personal injury lawyer can navigate the filing process much more smoothly than what you can do by yourself. Sure, you can contact your own insurance company and the insurance company of the party you believe to be at fault for the accident and your injuries, but keep in mind that these insurance companies have teams of highly trained lawyers on their sides—lawyers who can make sure their clients (the insurance companies) pay only the minimum amount required as written in the policy. When you make an appointment with a personal injury lawyer, he or she mostly likely will need certain evidence items before filing your insurance claim. Such items will depend on your specific situation, but they can include the items listed above. Understand that seeking help from a personal injury lawyer as soon as possible can help you determine exactly the kinds of medical evidence you should save and present for the best possible outcome. Dealing with Car Insurance Not only does each state have its own requirements for filing a car insurance claim, but each car insurance company has its own requirements, too. It is important to understand how your car insurance company or the other driver's car insurance company is going to handle your claim. Fortunately, a personal injury lawyer can help you navigate both the bold and the fine print of your car insurance policy, and advise you on how to move forward based on your policy's requirements—as well as handle all the contact between you and your agent.
Not every legal matter requires the use of an attorney. Fighting a speeding ticket and going to small claims courts are two examples. However, in many other situations involving a legal dispute, challenge, or deal, you may not wish to chance the risks of going it alone without the advice of an experienced lawyer who can help you out. In fact, while good legal representation may not be cheap, it can help get you out of a number of sticky situations - such as a bad divorce, lost job, or DUI violation - not to mention the potential alternatives for not using an attorney -- including broken agreements, lost claims, or worse, jail time. While each person's legal situation is different, there are times when you really should hire a lawyer. Below are the top ten reasons. 1. The law is complicated. If you are not a lawyer you probably have no business acting like one in certain instances. Even experienced lawyers typically do not represent themselves in court. A solid case can quickly unravel without the help of a trained and emotionally detached attorney. Similarly, failing to hire a lawyer when starting a business, reviewing a contract or embarking on other endeavors with potential legal ramifications can result in otherwise avoidable pitfalls. 2. Not having a lawyer may actually cost you more. What is at stake? A criminal case may determine whether or not you spend time behind bars, while a civil case could hurt you financially. Besides, many civil attorneys don' t collect a dime unless they win your case. Also, you may be able to claim legal fees as a plaintiff in a civil case, so hiring a lawyer can actually save or make you money. 3. Lawyers know how to challenge (and sometimes suppress) evidence. You may not even know that a key piece of evidence against you was improperly obtained or that the testimony of a witness contradicts an earlier statement. And did the crime lab properly handle the evidence every step of the way? Your attorney will find out. 4. Attorneys understand how to properly file court documents and handle other legal procedures. If you' re not an attorney, you may struggle with the deadlines and protocol for properly filling out and filing certain legal documents. One late or incorrect filing could derail your case, delay a given legal procedure or worse - have the case thrown out altogether (and not in your favor). 5. Because you don' t know any expert witnesses or private detectives. Attorneys depend on an extended network of professionals to help their clients' cases. Most non- attorneys do not personally know the types of professionals who can help with discovery or challenge evidence or testimony by the opposing party. 6. You' re not sure how to plead -- or what a "pleading" is? Pleading guilty is not the only choice, even if there is evidence pointing directly at you. An attorney who understands the law will be best situated to explain your options and can help you avoid potentially severe penalties even before a criminal trial begins. 7. Because it is probably better to avoid problems in the first place rather than try to fix them once they arise. You may have heard the saying "an ounce of prevention is worth a pound of cure"; Well, hiring a lawyer in many instances will help you avoid potential legal headaches down the road. Do you really understand the fine print of that contract you are signing? A lawyer will. 8. A good lawyer can strike up a good settlement offer or plea bargain, if necessary. An experienced lawyer probably has seen cases similar to yours or at least knows enough to make a calculated guess about how it might resolve at trial. Sometimes a settlement is the best choice, while other times it makes more sense to see your case through to trial. An attorney also can help negotiate a fair settlement with the opposing party. 9. The other party has legal representation. Non-attorneys are generally at a disadvantage when squaring off against opposing counsel or doing business with another party that has legal counsel. As explained above, the law is complicated and an attorney representing your adversary (or even a non-adversarial party entering into a legal agreement with you) will take advantage of this inequity. 10. Lawyers often provide a free initial consultation. Since many attorneys will meet with you for free during a face-to-face consultation, there is really no harm in talking with one. Not only will a free consultation give you an idea of the type of case you have, it will help you decide whether you actually need to hire a lawyer.
When should I hire a Personal Injury Attorney? Many people choose to hire an accident lawyer after they've been involved in a car crash that results in personal injury and monetary losses. Why Should You Hire a Lawyer? Technically, you can file a personal injury claim against an insurance company by yourself. Some people choose this route when they've suffered only mild injuries and have the time to research the legal claims process themselves. Also, skipping an attorney will save you some money in legal fees. However, an accident attorney— especially a personal injury attorney—can help you go up against big auto insurance companies and their team of lawyers. Your attorney already knows the personal injury laws and procedural rules and can effectively handle all the legwork for you. He or she will act as your advocate throughout the entire case. Because an insurance company's lawyers have the knowledge to reduce compensation and even deny the claim altogether, hiring an accident attorney is the best option for people who: Have suffered severe injuries. Are faced with expensive medical bills. Have experienced a significant loss of wages due to their injuries. Reasons to Consult an Accident Attorney Consider hiring an accident attorney if any of the following apply to you. Auto Accident Injuries Severe Injuries Generally, the severity of your personal injuries is measured by the: Type of injury (or injuries) you've sustained. Length of time it takes (or will take) for you to recover. Cost of medical bills (and any other therapeutic procedures) you've incurred. This also can include the estimated cost of future medical procedures. Long-Term or Permanently Disabling Injuries Generally speaking, a long-term injury is one that lasts for around a year or longer, while a permanent injury is one that disables you for life. These types of personal injuries seriously affect your ability to become and stay employed—not to mention the quality of your life. Proving long-term and permanently disabling injuries can be tricky business, and your personal injury attorney probably will consult with each medical professional you've seen. He or she even might request the presence of your medical professionals during any legal proceedings. Disputed Liability When an insurance company disputes its policyholder's liability for the car crash, the company is basically saying that the policyholder is not at fault (or is at least claiming you don't have enough proof of fault) and, therefore, the insurance company is not responsible for paying for your damages. An accident attorney will help you provide this proof and show that the other party was indeed at fault. Refusal to Pay Refusal to pay (which can but doesn't necessarily stem from a disputed liability) or refusal to pay a fair amount is when an insurance company outright won't make a fair settlement offer—or any offer at all. What information do I submit to a Personal Injury Attorney? The more information your attorney has about your case, the more quickly and completely you can be compensated for your medical expenses and pain and suffering. To ensure a complete, speedy resolution to your case, make sure your lawyer has all the information and documentation he needs to pursue a settlement. That information may include: Your vehicle, insurance, and driver's license information. Details of the accident, including: o Date, time, location. o Weather and traffic conditions. o Information about other vehicles, drivers and passengers. o Names and contact information for witnesses and copies of any accident or incident reports filed. Copies of traffic tickets written at the scene and information about any charges brought against drivers involved, including DUI charges. Physician report and medical records related to the accident. X-rays and test results related to injuries from the accident. Information about pre-existing conditions or injuries that may have been exacerbated by the accident. Record of expenses for ongoing medications, treatment, and therapies. Any other expenses incurred because of the accident, including transportation costs. Documentation of days, hours and wages lost because of the accident. Copies of all correspondence with insurance companies related to the accident. It may be helpful to keep a personal injury diary to note appointments, expenses, contacts with the insurance company and your general feelings and medical condition following the accident. What does it cost for a Personal Injury Attorney? The cost of a personal injury attorney can vary greatly depending on: The complexity of the case. The time it takes to settle. Whether the attorney must pursue litigation. The size of your settlement. Most lawyers who specialize in this type of case will work on a contingency basis rather than charging a retainer or a flat fee. In other words, they get paid based on the size of your settlement. Keep in mind that some lawyers may charge you for costs associated with filing your case even if there is no settlement. Always be sure you understand exactly what you will owe depending on the outcome of the case.
