Why You Need A Lawyer After A Car AccidentLast updated on: September 5, 2022
CALL (800) 863-5312 to talk with a car accident attorney near you
No matter how careful you are while driving, car accidents still happen. Although your insurance policy may cover all your injury expenses, occasionally they don’t. Unfortunately, many drivers are unaware of this until it’s too late and find they must fight a legal battle to receive compensation.
The precise amount you may recover depends on the facts of your case. A personal injury lawyer from Zinda Law Group can analyze the facts of your accident injury case and help gather information about whether money is owed to you for your medical expenses. For a 100% free consultation with an experienced personal injury attorney, call Zinda Law Group at (800) 863-5312 today.
Seven Ways an Attorney Can Help
Attorneys go through years of training to be able to bring your claims in front of a court of law. Personal injury attorneys learn what to include in court filings. Additionally, they have experience that allows them to quickly recognize what evidence is needed to prove your claims in court.
1. Filing Insurance Claims
The first step in obtaining compensation after a car accident is to submit a claim to either your insurance company or the other driver’s insurance provider . In the worst-case scenario, the other driver is either uninsured or underinsured.
However, if you are insured, you might be able to recover the expenses of your losses even if the other driver’s policy is unable to do so. Immediately following an automobile accident, you can retain legal counsel to assist you in investigating the choices available to you.
2. Filing a Personal Injury Claim
Filing a personal injury claim is necessary in a lot of car accident cases because the insurance company does not cover your total damages. For example, insurance might not fully cover your medical bills. At this point, your only option may be to file a personal injury case against the at-fault driver to recover the remaining compensation.
One thing to be aware of is the statute of limitations. To bring a personal injury claim, you must be within the statute of limitations in your state. The amount of time you have to file a lawsuit and take action can be ascertained with the aid of an attorney.
3. Establishing Liability
Establishing liability is the most challenging task for any personal injury claimant. At this stage, the defendant’s counsel will fight hard to prove that their client did not cause your injuries. A lawyer can assist in determining fault for the collision and utilize proof to show that the other driver was to blame.
4. Proving Damages
Proving damages and establishing liability are often confused as being the same. However, proving damages is the stage of litigation that follows establishing liability. Essentially, you will need to prove that your damages are connected to your injury.
Damage awards are meant to put you in the position you were in before the accident. The damages that you suffer because of your injury may come in the form of direct or indirect expenses.
Direct expenses typically include:
- Medical expenses (past and future)
- Physical therapy or rehabilitation bills
- Repairing/replacing property
- Lost income
- Lost earning potential
Indirect expenses typically include:
- Mental and emotional anguish
- Pain and suffering
- Loss of consortium
Indirect expenses are usually harder fought over than direct expenses. Direct expenses include tangible, hard-set costs, whereas indirect expenses are subjective, and an expert opinion often determines the value.
5. Negotiating Settlements
According to the Bureau of Justice, only 3% of personal injury cases, including car accidents, go to a jury or bench trial for disposition. In most cases, parties to a vehicle accident typically strike a mutually agreeable settlement before trial to prevent costly and time-consuming litigation.
The best way to guarantee that your auto accident claim is settled to your satisfaction is to make your strongest case with the insurance provider through a thorough demand letter and effective follow-up negotiations. The attorneys from Zinda Law Group are experienced in negotiating with the insurance company and can help you get fair and adequate compensation.
Do not let the insurance company pay you less than what your injuries are worth; contact a personal injury attorney near you today.
6. Gathering Evidence
Gathering evidence is crucial to establishing your claims and receiving compensation. The immediate aftermath of an automobile collision can be hectic as drivers and witnesses prioritize helping others and cleaning up the scene above protecting evidence. Accordingly, critical pieces of evidence are often lost.
While hiring a lawyer does not ensure a specific result for your case, it does equip you with assistance for investigating the collision, gathering proof of the other driver’s negligence, and handling conversations with interested parties on your behalf. When you hire an attorney from Zinda Law Group, we can help you secure crucial evidence and manage the legal process while you prioritize your physical recovery and spend time with your family.
7. Drafting Demand Letters
In a demand letter, the injured party outlines the specifics of the incident and the medical care received, giving way for serious settlement negotiations to begin. The demand letter is your best chance to make your case to the insurance company outside of court. Having your demands adequately outlined and based on factual allegations are necessary for success.
A well-written demand letter outlines the circumstances leading up to and during the accident. It also includes specifics on the medical care received afterward and a breakdown of any associated expenses.
Usually, the sum requested in the demand letter is far larger than what the aggrieved party would be willing to accept. This gives you and your lawyer some room during the settlement negotiation process.
When to Contact a Car Accident Attorney
The chance that you will not receive adequate compensation for your damages is enough for most to seek legal counsel after a car accident. You may find yourself in this position if:
- An uninsured driver was involved in your collision.
- Your claim has been rejected in whole or in part by an insurance company.
- The extent of your damages exceeds the limits of an insurance coverage.
Additionally, some injuries take time to show symptoms after an accident. For instance, traumatic brain injury (TBI) can have long-lasting physical and psychological repercussions. Similarly, early-stage Post-Traumatic Stress Disorder (PTSD) symptoms can be challenging to recognize and fluctuate in strength over time.
If you consent to a hasty settlement early in the process, these longer-term harms may become an issue. Before you sign any agreements restricting your rights to seek long-term losses, an auto accident attorney should assist you in receiving a thorough medical examination and documenting your injuries.
Need Help? Contact Zinda Law Group Today
Gathering evidence, drafting pleadings, and filing claims with a court can be daunting tasks. An experienced car accident attorney from Zinda Law Group can help you with this process and use their expertise to determine your chance of receiving financial compensation.
To schedule your 100% free consultation with a nearby car accident injury lawyer, contact us today at (800) 863-5312. As always, you will not pay anything unless we get a favorable outcome for your case; that’s our “No Win, No Fee” guarantee.
Meetings with attorneys are available by appointment only.