There are many responsibilities that an accident lawyer must undertake. These include investigating the case, gathering evidence, negotiating with insurance companies, and filing a lawsuit.
The process can be overwhelming, and you may not know where to start. Working with an experienced accident lawyer can relieve your stress and avoid mistakes that could damage your case.
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Proving Liability
Proving liability is essential to any accident case. Whether you were hit by a drunk driver, fell down a poorly maintained staircase, or suffered a dog bite, proving that someone else was responsible for your injuries will help you get the compensation you need to cover medical bills and other losses.
Establishing liability means establishing that the defendant had a duty of care to you, breached this duty of care, and caused you injury. This can be done by gathering evidence from the incident, such as police reports, phone records, traffic camera footage, and more.
Liability can also be established by proving that the defendant acted negligently, carelessly, or violated a safety law, causing your injuries. You can also prove that the defendant’s negligence caused you damages, which are economic losses and other injuries that a financial award may cover.
Negotiating with Insurance Companies
When you are in an accident, the first thing that insurance companies want to do is issue a settlement offer. Typically, they will make an offer that works in their best interests, which means that they will try to settle your claim for as little money as possible.
Having a lawyer on your side during this critical step can help you negotiate the best settlement for your injury. They will use their experience in handling similar claims to help you.
In the course of negotiations, you will have to defend your demand for compensation using all of the evidence at your disposal. This includes police reports, photographs of your injuries and witness testimony.
You must also focus on the strongest points in your favor, leaving impertinent facts and uncertainties out of the discussion. You will need to emphasize how the accident has impacted your life physically and emotionally. This will give you an edge over the adjuster who is trying to lowball you as much as possible.
Filing a Lawsuit
One of the key responsibilities that an accident lawyer has is to file a lawsuit on your behalf. This process is important because it allows you to hold those who caused your injuries accountable for their actions.
In many cases, an accident can cause substantial economic damages – medical expenses and lost wages that are out of reach to you without compensation from an insurance company. You also may be eligible for non-economic damages – pain and suffering, emotional trauma, and other factors that affect your quality of life.
The first step of the litigation process is to send a notice of claim to the other driver’s insurance company. Once the other driver’s insurance company receives this letter, they will have a few days to respond to it.
Representing You
If you’re involved in a car accident, it’s important to find a good attorney. The right lawyer will not only fight for the compensation you deserve, but they’ll also work hard to build a lasting relationship with you.
During the negotiation phase of your case, your attorney will review evidence of your injuries and losses. They may also gather information about your financial needs and expectations.
After reviewing the information, your attorney will create a demand package. This will contain the amount of compensation you should receive for your losses and expenses.
The next step is to negotiate with the other party’s insurance company. This is a time-consuming process that can be lengthy, complicated and frustrating.
Once the negotiations have been completed, your lawyer will try to secure a pre-trial settlement with the at-fault party’s insurance company. Then, if necessary, they will go to trial and seek a jury verdict for you.