How you respond to a car accident goes a long way toward determining whether you receive compensation to cover financial losses such as medical bills, property damages, and lost wages. You should call 911, seek immediate medical care, and provide information for law enforcement to include in the official police report. Shortly after the car accident, you should file a claim with the proper insurance company. Many victims of car accidents refuse to hire an attorney to help them file the most persuasive insurance claims. Much of the decision not to seek legal counsel is based on perceived high attorney fees. However, after conducting a cost-benefit analysis, you should quickly reach the conclusion that hiring a personal injury lawyer is a fiscally responsible strategy.
According to a study released by the Insurance Research Council, auto collision victims that retain legal counsel receive more compensation by filing insurance claims. The same study discovered that in a majority of cases, the claims settled by insurance companies involved the participation of a personal injury attorney. One important note: A vast majority of personal injury attorneys charge on a contingency fee basis, which means you should not have to pay upfront fees to gain the most experienced legal representation. Car Accident Attorneys Act as Intermediaries Hiring a state-licensed car accident lawyer demonstrates to the insurance company that you are serious about receiving just compensation from a claim. An attorney acts as an intermediary between you and the insurance company by monitoring the progress of your claim and interacting with a claims adjuster. Insurance companies tend to take advantage of claimants that do not retain legal counsel. Hiring an experienced car accident attorney prevents that from happening. Calculates a Reasonable Value for Monetary Damages One of the most frequently cited reasons for denied or undervalued insurance claims concerns an unreasonable value request for compensation. An experienced car accident attorney calculates a fair value for compensation by adding up the bills associated with medical care and property damage. For lost wages, an auto crash lawyer refers to bank statements and employer timekeeping records. You also have the right to request compensation for non-economic damages, such as the costs associated with pain and suffering. Negotiate a Settlement Just because an insurance company denies a claim does not mean the process for seeking compensation is over. Hiring an experienced car accident attorney provides you with a negotiator who tries to find common ground with the insurance company. After receiving a denied claim, your lawyer submits an offer to settle the claim. A series of counter offers can follow until either both parties reach an agreement or the claim ends up in the legal system for resolution. Proves Negligence Filing an insurance claim is not the only way you can receive compensation for the financial losses produced by a vehicle collision. A personal injury attorney conducts an exhaustive investigation to determine whether another party committed one or more acts of negligence that caused your injuries. If your attorney discovers another party committed at least one act of negligence, then you might have a strong enough case to file a civil lawsuit that seeks monetary damages.
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Getting involved in a car accident can cause one or more injuries, as well as trigger emotional distress issues such as fear and anxiety. Although the aftermath of a vehicle collision can leave you confused as to how to address your injuries and financial losses, you should act with a sense of urgency by contacting an experienced car accident attorney.
The most important reason to enlist the aid of a car accident attorney concerns getting the compensation that you deserve for suffering financial losses. An auto collision can result in medical bills that run into thousands of dollars. Add to medical bills lost wages and the cost to repair property damage, and you might find yourself in a deep financial hole. Working with a state-licensed personal injury lawyer can help you recover financial losses. Here are four other great reasons to enlist the aid of a car accident attorney. Filing an Insurance Claim Insurance companies prefer to process claims filed by policyholders that are not represented by a personal injury lawyer. Without legal representation, the insurance company processing your claim might either deny it or approve a claim valued well below what you deserve. By hiring an experienced car accident attorney, the insurance company processing your claim knows you are serious about receiving just compensation. Your lawyer gathers and organizes the physical evidence you need to file a persuasive insurance claim. Determining the Amount of Compensation Filing an insurance claim and a civil lawsuit that seeks monetary damages requires your personal injury lawyer to calculate a fair value for compensation. Your attorney combines the tangible costs associated with medical bills, repairs to property damage, and lost wages. Non-economic damages cover the emotional issues that arise from trauma produced as the result of a vehicle collision. Your lawyer calculates a reasonable value for non-economic damages by using a formula that factors in the value of economic damages. Prove Negligence To file a civil lawsuit that seeks monetary damages, your car accident attorney must prove the presence of the four elements of negligence. Duty of care means another party assumed the legal responsibility to ensure your safety. Breaching the duty of care doctrine involves another party committing an act of negligence that caused your harm. The third element of proving negligence involves showing the judge hearing your case that the car accident produced your injuries. Finally, the injuries sustained as a result of an auto crash must have generated financial losses. Filing a Personal Injury Lawsuit Before the Deadline Each state has established a deadline for filing a personal injury lawsuit that seeks monetary damages. Also referred to as the statute of limitations, the deadline for filing a personal injury lawsuit in most states is between two and four years. By hiring an experienced car accident attorney, you can rest assured that you will file a personal injury lawsuit before the expiration of the statute of limitations. If you fail to meet the deadline for filing a personal injury lawsuit in the state where you live, you can expect the court clerk processing your case to remove it from the judicial docket. |
AuthorSince 1982, the attorneys of Schiff & Associates have provided our clients with quality legal representation in cases of personal injury and wrongful death. Our clients benefit from the combined skills of a powerful legal team. Archives
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