Car accidents can be devastating experiences, both physically and emotionally. If you have been in a car accident, you may be dealing with medical bills, property damage, and the stress of handling insurance claims. In times like these, having a knowledgeable and experienced car accident attorney is critical to guide you through the legal process and protect your rights.
Many different statistics show that car accident victims with legal help end up in a far better position financially than those who try to go it alone. Although it should be a foregone conclusion that you should hire a car accident attorney, you must also understand their role in your case and what you should expect from them. If you are still trying to decide whether to hire a Round Rock car accident lawyer, know that the success of your case likely depends on having legal representation.
A car accident attorney will handle all of the details of your case from beginning to end. They will establish your legal right to compensation before working to get you all the money you deserve. Along the way, your car accident lawyer will ensure that you are well informed about the process and can make effective decisions in your case. You will work hand-in-hand with your car accident attorney throughout the pendency of your case to get you the best possible result.
Now is the time to contact a car accident attorney to begin work on the legal process. There is no good reason to delay hiring a lawyer, even if you are dealing with physical injuries. All you need to do is schedule a free initial consultation with a car accident attorney and sign a representation agreement that makes them your lawyer. You will promise to pay them a portion of your case's proceeds, which is the full scope of your financial obligation to them.
Advise You of Your Legal Rights
You are likely aware that you can get a check for your car accident injuries because you have seen an advertisement or a friend or family member may have received a settlement. However, you may not know when you have the legal right to money and how to get it. There is quite a bit to know about the legal process, and the more educated you are about what to expect, the more effective you may be when you seek compensation.
Your car accident attorney will take the time to speak with you and learn more about the facts of your case. They will answer any questions that you may have and explain the options that you may have in your case.
Investigate Your Car Accident and Gather Evidence
Negligence is the linchpin of every car accident case. For the other driver to take on a legal obligation to pay you, you must show that they were negligent in the events leading up to the accident. You should demonstrate that they either took a specific action that was unreasonable under the circumstances or that they failed to do what an ordinary driver would have done. In any car accident case, you must carry your burden of proof by a preponderance of the evidence. Although this standard is less than the "beyond a reasonable doubt" standard that a prosecutor must meet, it still means that you need proof showing what the driver did.
It is more complicated for you to assemble a persuasive case on your own. Although you may remember what happened in your accident, your words are insufficient. Essentially, you need something else that corroborates the story that you are telling to persuade the insurance company or jury that you deserve money.
Your car accident lawyer has received training to investigate crashes. They may gather the evidence you need independently or work with specific experts in close cases. Either way, you will not have to investigate your own accident. However, your attorney needs to get to work quickly because it can become more challenging to prove your car accident claim after time passes.
Estimate the Value of Your Damages
Before you can file a car accident claim, you need to know exactly how much money you seek and prove your damages. The challenge is that you must predict what you may be dealing with in the future because you will get all your money at once. You cannot receive funds as you suffer damages because you must sign a release when you accept the insurance company's money. Insurance companies do not want an open-ended obligation and want to clear the claim off their books.
Your car accident settlement should pay you the actual money that you have lost because of your injuries. The settlement check will include medical expenses, lost earnings, and property damage to your vehicle. You will also need to reimburse your health insurance company for the money it has already spent on your care.
Non-economic damages are perhaps the trickiest part of your car accident claim. You must get paid for all of the ways that your injuries have affected you, whether it is the physical pain from your injuries or the mental health effects of the accident. You can even receive compensation for things you enjoyed that you can no longer do because of the accident. Non-economic damages are subjective, so you can expect the insurance companies to challenge you every step of the way or try to superimpose their viewpoints on your feelings.
Your attorney will consider all relevant factors, such as lost earnings, future medical treatments, and emotional distress. They will gather all necessary evidence, consult with medical professionals, and work with experts to calculate the full extent of your losses. Your lawyer will work hard to ensure you get paid for expenses incurred due to someone else's negligence.
Deal with the Insurance Company
You will likely need to communicate back and forth with the insurance company during the claims or lawsuit process. The insurance adjuster is a trained professional who tries to save their employer money at every turn. If you deal directly with the insurance adjuster, you will end up with the short end of the stick practically every time. You never want to speak with the other driver's insurance company on your own.
A car accident attorney can speak with the insurance company, and they can keep the adjuster from pressuring you. The insurance company must go through your car accident attorney to get to you. Insurance companies cannot contact you directly when a lawyer represents you; if they do, tell them to speak with your car accident attorney.
Prepare Your Claim or Lawsuit
The actual claim or lawsuit you file must be persuasive for the insurance company to agree it needs to pay you. A jury must see that you have proven negligence by a preponderance of the evidence before considering how much money to award you. Thus, your lawyer needs to thoroughly investigate your claim or lawsuit and clearly state the facts of your case.
Preparing your claim or lawsuit before filing it may take some time. You must avoid haphazardly drafting a claim or lawsuit complaint in a slapdash manner because the insurance company will not take you seriously. Insurance companies only respond when necessary, and presenting persuasive facts and evidence can undoubtedly move the dial in your case. Your car accident attorney will take the time to draft your complaint or claim to put you in the best possible legal position.
Negotiate a Settlement Agreement
It may come as a surprise for you to learn that most car accident cases will never see the inside of a courtroom. It is a very uncommon result for your case to go to trial, and the overwhelming majority of car accident cases will end in a settlement agreement between you and the responsible driver's insurance company. Given the unpredictable nature of trials, there is too much on the line for you and the insurance company to elect to end up in front of a jury.
The insurance company may make you a settlement offer, but it is far from the end of the story in your case. Instead, the initial settlement offer is just the opening act in what may be a lengthy negotiation process. You can expect the initial settlement offer to be only a fraction of what you truly deserve. Insurance companies will only raise their offer to you over time, under pressure from your car accident lawyer. You will likely reject several settlement offers before the insurance company ends up in the right ballpark. It knows the true value of your case, but it wants to make you work for your money.
Insurance companies are notorious for trying to minimize payouts, so having a skilled attorney on your side can make a significant difference in the outcome of your case. They will fight for your rights and ensure you receive the compensation you deserve for medical expenses, lost earnings, pain and suffering, and other damages.
Litigate Your Case in Court
Although it is rare for a car accident case to make it to a hearing in court, you always need to prepare for it in the back of your mind. Jurors are human beings, and your lawyer needs to convince them of specific facts in your case before they are willing to do what you ask.
Accordingly, having a car accident lawyer with extensive courtroom experience is best. Even if your case does not go to court, the insurance companies need to think that you have the potential to go there so they can be more compliant in your case.
If your case does lead to a lawsuit, your car accident attorney will build it through the discovery process. They will then present your evidence in a trial, working to establish liability and persuade the jury of your damages. Your car accident attorney will draft and make all the necessary filings with the court, responding to anything the insurance company files.
When to Hire a Car Accident Lawyer
You should not wait to hire a car accident attorney after you have suffered an injury in a crash. The legal process can begin before you are ready because the insurance company will go to work immediately. You may damage your case by proceeding on your own for any amount of time. Insurance companies may try to get you on the record with a statement or trap you into accepting a settlement offer that does not fairly pay you.
The sooner you hire a car accident lawyer, the quicker they can begin to work on your case. It takes a certain amount of time for your car accident lawyer to ensure you are in a position to file a claim. Either way, hiring a car accident attorney gives you peace of mind when you know you have someone experienced and knowledgeable working on your behalf. Then, you can focus on what is important to you, like your health and family.
How Much Does a Car Accident Lawyer Cost?
You do not have to worry about finances when you hire a car accident lawyer. An attorney will never ask you to pay them any money upfront as a condition of representing you in your car accident case. They will not seek a retainer or send you hourly bills before your case concludes. In fact, your car accident attorney will not send you any bills for their time and services during your case, and they only get money from the proceeds of your case should you receive them.
Then, they will get paid an agreed percentage of your settlement or jury award. If you do not win your case, you do not have to pay your lawyer a dollar for all the work that they have put into your case. This type of legal representation uses a contingency fee, which can help you afford a lawyer for your case.
A Car Accident Attorney is Stand By
Car accident attorneys play a vital role in assisting individuals who have been in car accidents. They provide guidance, protect your rights, and fight for fair compensation. If you have suffered an injury in a car accident, consulting with an experienced Round Rock personal injury attorney is vital. They can significantly increase your chances of a favorable outcome.