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There is no rule that says you have to hire an attorney when seeking compensation after a car accident. Some victims of car accidents choose to seek legal counsel and representation so that they can focus on their health and recovery while also pursuing legal action.
If you weren’t too badly injured, if you’re comfortable collecting essential evidence and documents, and you want to take on the settlement negotiation process, you are certainly free to do so.
But, there’s no real replacement for making use of skilled attorney’s help. At the same time, if you’ve been injured in an accident, you might be wondering exactly how an attorney can help you. In this blog we’ll review how an ethical accident attorney makes a difference in the outcome of an auto accident claim for you.
An Accident Attorney Knows the Law
Having an attorney represent you after an automobile accident means you will have a professional who is knowledgeable about all of the applicable laws that could impact your case working for you.
An attorney can advise you on the wide range of rules in your state and how they might affect your case. They will be familiar with time limits that can prevent you from filing a lawsuit against the at-fault driver. An attorney will also be able to inform you about any special exceptions to the state time limits.
Your attorney can file a lawsuit on your behalf and will know how to respond to defenses raised by the other side. And, once your case is in progress, they will play an invaluable role in preparing your case for trial. And, with a skillful attorney they may be able to negotiate a favorable settlement to a trial and avoid a trial altogether. Many times the threat of a lawsuit provides solid leverage that may render a lawsuit unnecessary.
Most significantly, when you are competing against the immense resources of a large insurance company, having an attorney who is knowledgeable about the law evens the playing field for you.
Let’s take a look at the specifics of how an attorney makes a difference in the outcome of an auto accident claim.
Advocate for Your Best Result
Maybe the most vital role your attorney plays is the role of your advocate. They are ethically mandated to act in your best interests through every step of the claim process. Whether presenting your case in court, or negotiating with a car insurance company, your attorney will be your advocate who is there to make sure your side of the story is fully understood and that you are fairly compensated for your damages.
Filing an Insurance Claim
When you experience a motor vehicle accident, the first step in seeking compensation is to file a claim with either your own insurance provider or the other driver’s insurance company. If you hire an attorney immediately after a car accident they will help you evaluate your losses and explain the options available to you through your own insurance policy.
Correspond with the Insurer
Your attorney will initiate and maintain a line of communication with the insurance adjuster representing the other party involved in your personal injury case. The adjuster controls the purse strings, and so it is crucial for your attorney to know how to communicate with the adjusters in their “language.”
Procuring Liability Evidence
While you may have already taken photographs of the scene of the accident, your attorney will undoubtedly go back to the scene to see what it looks like. While a picture may be worth a thousand words, actually seeing the scene can be worth a thousand pictures.
Your attorney will also get all of the accident reports pertaining to your case and will frequently communicate with the investigating police officers and witnesses. When it comes to obtaining evidence of liability a reputable attorney will leave nothing to chance.
Attaining Evidence of Damages
This is where the right attorney can be indispensable to your case, especially if you’ve experienced substantial accident related injuries. It’s essential to acquire all documentation related to your injuries and, although the records are yours, it isn’t always simple to get your hands on them and the bills from health care providers.
Oftentimes, small medical offices don’t have the time or staff to respond to records requests on a timely basis and large hospitals have detailed processes that must be followed to get your records. And sometimes, when your healthcare provider does respond to the request, the records are incomplete which requires a lot of follow up to resolve.
In order to successfully prosecute a personal injury claim, you must be able to prove, through medical evidence, exactly what your injury, disability, or physical limitation is, and that it was caused by the defendant’s negligence.
Unfortunately, doctors don’t always address causation and the degree of your injury or disability in their records. To get the full information requires your attorney to procure a letter in which the doctor gives their judgement that the accident caused your injury or disability and you will be disabled for a particular period of time.
Negotiating on Your Behalf
A personal injury attorney will always be far more skilled at negotiating a fair settlement in your automobile accident case than you would be. A first-rate attorney knows how much your case is worth as well as how to work your case and conduct the negotiations so as to achieving the best outcome for you, the client.
Also, if you collected any benefits from a health, disability, or workers’ compensation insurer, that insurer will have a lien on your claim. This means that they get paid, out of your settlement or judgment, before you do. A good attorney works with the lien holder to try to get them to lessen its lien. And, every dollar less the lien holder takes is one more that you get.
To Sum Up
While retaining an attorney doesn’t guarantee a particular result for your case, they can help investigate the crash, gather evidence to demonstrate the other driver’s negligence, take care of negotiations with insurers on your behalf, and see your case through to a positive conclusion if it goes all the way to a courtroom.
The right lawyer will handle the legal process, fighting for the best outcome for your claim, while you spend time with your family and focus on your recovery. When it comes to car accident claims, it’s always better to err on the side of caution and consult an attorney before trying to navigate the system on your own.
If you’ve been injured in a car accident, The Law Firm of Steven Ellman is here to guide you through the legal process, protecting your rights every step of the way. Our singular purpose is to look out for you, make sure you are treated fairly throughout the entire process, and receive the fair settlement that you deserve.
So, if you or someone you know has been injured in a car accident, please contact our firm for a free consultation to discuss your case.
