When it comes to life-changing moments, nothing can quite beat a car accident. One minute you are on your way somewhere important, and the next you are facing pain and suffering, rehabilitation and possibly even trauma therapy–not to mention auto repair bills.
Car accidents are stressful, and often result in months of aftermath. From navigating your insurance company policies to physical therapy for whiplash, a lot of your plans have to be put on hold when you have experienced a car accident.
With all this stress and difficulty it can be challenging to think clearly about a lawsuit. A car accident claim is just one more thing to think about in your already crowded mind. How can you organize your thoughts enough to make sure your lawyer has all the facts they need in order to build a solid case?
Car accident lawyers are accustomed to helping people who are frazzled and stressed, so don’t be self conscious. Instead, follow this guide to make sure your time with your lawyer is well spent and no opportunity for compensation is passed over. Your car accident attorney will be happy to fill you in on the nuances of the law as it relates to your car accident case.
Initial Consultations: Choosing Between Car Accident Lawyers
Car accident lawyers often operate on the basis of a contingency fee. This means that they will only get paid if they win your case. So if you have a hard time articulating all your thoughts in the initial consultation, never fear, you haven’t wasted any money.
Still, because of the complications and disruptions that a car accident causes in your life, you don’t want to waste time in your first or subsequent consultations. In addition you want to choose the right lawyer, as choosing an unscrupulous or incompetent car accident attorney will not serve your goals. It is wise to meet with a couple of lawyers. Save these questions and remember the answers so you can compare them later.
Has This Car Accident Lawyer Won Any Cases Similar to Yours?
An experienced car accident lawyer is an invaluable resource of information and expertise. Not only can their years of competent representation ensure that they won’t make mistakes in handling your case, but they will be able to reassure you by relating testimonials of other similar car accident cases that they have won.
If the lawyer you are talking with tries to side-step the question and seems unwilling to provide you with testimonials, it may be worthwhile to do some research yourself on their experience and track record.
If You Win Your Case, Will The Defendant Be Able to Pay?
This is a very important question. It won’t matter what the judge chooses to award you for your damages if the defendant has no money or insurance. Unfortunately this is a situation that sometimes arises in car accident litigation. Your may be forced to find a way to garnish the wages of the other driver. Your car accident lawyer will know what’s possible and what isn’t.
If there seems to be no hope of ever receiving damages from the defendant it may not even make sense to move forward with the case. An experienced car accident lawyer will know how to find out information about the defendant’s insurance, or at least get some idea of their ability to pay out of pocket.
Would It Be Wise to Settle Your Case Rather than Going to Court?
If you are suing a company for a car accident caused by their employee or a company vehicle, they may be in a hurry to end the suit by extending a settlement offer. If this happens it is wise to have a plan in place.
Find out what the lawyer would advise as a minimum acceptable settlement offer, and why. Settling out of court can mean a bit less money, but also less work–and less work for the lawyer, meaning the lawyer gets a smaller chunk of your remunerations. If your aim is to seek fair compensation for your car accident, you and your lawyer need to both be on the same page about what the settlement offer amount and terms need to look like.
Once You Choose Your Car Accident Attorney
Upon choosing your car accident attorney, you will still have important decisions to make. If you have chosen your attorney well they will be able to offer you wise counsel and help you make the best choices for an optimal outcome.
What Evidence Is Needed To Build a Solid Case?
Your car accident lawyer will be able to help you create a checklist of evidence to gather. Witness testimonies, the police report, and reports from auto shops for both vehicles will help ensure that the fault for the accident falls where it should. Then, evidence for determining the amount of money you should expect will also need to be compiled. Every car accident is different and every detail will need to be examined.
The lawyer will help you think of various medical bills and medical records, auto repair bills, and therapy bills for dealing with the trauma. They can also help you determine how much you are owed for the work that you lost while recovering from the accident, and then they will also help you to put a monetary value on your pain and suffering. Serious injuries require serious consideration and your lawyer will know of aspects that you haven’t even considered, which could mean more money in your pocket.
What Is the Statute of Limitations in My State?
The statute of limitations states that after a certain amount of time passes, the car accident is too far in the past and the case can no longer be prosecuted. For example, in California, the statute of limitations is two years.
Every state has its own statute of limitations, and your car accident lawyer will know how long it’s ok to wait before filing your suit.
What Should I Do if the Insurance Company Makes Me an Offer?
If the driver of the vehicle that caused the car accident has insurance, you may be approached by an agent with a cash offer in exchange for a promise not to pursue litigation. Talk with your lawyer about what to do if such an offer is made.
Often this offer is made quickly and is fairly low compared to the possible amount that you could receive for going to court. The insurance company is hoping that you will accept before you stop and think about how much more you could get by pursuing litigation.
What If I am Partly At Fault For the Car Accident?
If you are partly at fault for the car accident, that doesn’t necessarily mean that you can’t sue. For example, in California, the comparative negligence law provides that your remuneration for the accident will be dependent on how much of the fault is determined to belong to you. So if 90% of the fault was determined to be the other driver’s, and 10% was yours, you will be awarded 90% of the damages that were determined to be incurred against you.
Your lawyer will be able to help you understand the ramifications of comparative negligence law and how it is applied in your state. Car accident victims don’t have to be entirely without fault to be able to sue for damages, and that’s great news for many.
What Resources Does the Car Accident Lawyer Have Access To?
Some car accident cases are very straightforward, but being able to call forward expert witnesses and get testimony from professionals can help build a solid case when the details of your injuries and other damages become confusing.
It’s important for the judge to understand the full cost of your injuries in order for them to render a fair verdict, so if your car accident lawyer can arrange for specialists to comment on your condition after the accident it will help build a compelling argument.
How Often Will my Lawyer Communicate with me During the Lawsuit?
A personal injury lawsuit is a long, drawn out process that can end up taking years. This can be a time of anxiety and clear communication between the car accident lawyer and their client can help alleviate the worries. Make sure you know what to expect so you don’t have to panic if your lawyer goes a month or more without touching base.
Your car accident case may be the most stressful and important part of your life for a while until it is resolved. Knowing what to expect will help you not to stress unnecessarily during the necessary lulls in the action of the car accident claim.
A Strong Case Starts with a Strong Partnership
You need to find a car accident lawyer whom you can trust to fight hard for your compensation. Recovering from an accident is difficult, painful, and stressful; having to worry that your lawyer doesn’t care about the details of your case won’t help. Many car accident victims end up with attorneys that they don’t trust or even like. It pays to choose a experienced car accident attorney who you know you can count on.
Choosing an experienced car accident lawyer is the single most important part of the litigation process. Trying to prosecute a suit on your own is far more difficult than you might anticipate, and choosing the first lawyer who reaches out to you can be unwise as these lawyers can be predatory. Use your judgement and compare a few firms before choosing one.
If you have been in an accident, your car accident lawyer could mean the difference between being nothing but bills and difficulties, and getting fair compensation for your damages. Car accidents happen every single day and cost millions of dollars every year; with competent representation you can get back on your feet and enjoy your life again.