Car accident victims are frequently forced to deal with significant injuries and mounting medical expenditures on their own following an accident. Insurance companies frequently provide accident victims with a low-ball settlement that is only a fraction of what they require to recover. These insurance firms try to mislead you, they don’t have your best interests in mind; all they care about are their shareholders and decreasing their obligations. They may put pressure on accident victims to sign a settlement agreement too quickly. So, you may wind up with less than you need to cover your injuries. If you were injured in an accident and were not at fault, a car accident lawyer can assist you in building your case and filing for compensation promptly. This post will discuss what a car accident lawyer brings to the table as well as their fees.
What Lawyer Handle Car Accident?
Car accident attorneys often concentrate on personal injury cases. Depending on the circumstances of your accident, you should be able to locate an attorney who can provide legal advice in your scenario.
These attorneys can take on matters involving a certain type of vehicle, such as a commercial truck, a garbage truck, or a police vehicle.
They can also take on accident cases involving specific driving behaviors, such as aggressive driving or driving while intoxicated (DUI), or accidents involving drivers from a specific group, such as a young driver or an elderly driver.
They can also represent clients who have been involved in an accident involving a specific element of a vehicle, such as a rear-end collision or a side-impact (T-bone) accident.
While hiring an attorney is not essential to pursue legal action in a car accident case, many people do so because they find it easier to manage their case with the assistance of a legal professional. Having an attorney on their side also gives them more time to focus on recovery following their accident.
Lawyers who specialize in car accidents assist their clients in determining who is to blame for the accident and in constructing a case that supports their claims and compensation request. If the client receives financial compensation, it may be used to pay for medical costs and other accident-related expenses.
What Will My Car Accident lawyer Do?
While the circumstances and intricacy of your car accident case will vary, in general, a lawyer can:
- Speak with the other driver’s insurance company
- Obtain the necessary evidence on the accident’s fault
- Sort through your medical records and expenses.
- Contact your healthcare providers to obtain any missing records.
- Work with your doctors to ensure that they supply you with the medical information you require to substantiate damages in your claim.
- Organize and present facts to establish responsibility and damages
- Negotiate with lien holders on your claim to potentially lower the amount of those liens, and
- negotiate an acceptable arrangement with the insurance adjuster or defense attorney
Let’s take a closer look at a few of these issues.
#1. Assists You in Understanding Your Rights
Most people are unfamiliar with personal injury regulations about car accidents. So, if an accident occurs, it is understandable if you are unaware of your full legal rights.
If you were not at blame for the car accident, you should not be required to pay for the resultant damages. Car accident injury regulations differ by state. However, in Georgia, the at-fault party in any injury accident is accountable for all damages. So, the injured person can seek compensation for their damages, according to OCGA 51-1-6.
Your lawyer can go through all relevant legislation in your case with you. They will assist you in understanding your rights and how to legally protect yourself. Insurance companies are good at convincing you that you have little control over the outcome of your case—but you do have more influence than you probably believe.
#2. Provides Legal Counsel
After an accident, you may receive a lot of conflicting advice. Perhaps you read an article online that says one thing. Then you consult with a friend or family member to get their advice on what you should do. It can rapidly become perplexing, leaving you unsure of how to handle your case—or even where to begin.
First and foremost, seek the advice of specialists. Car accident attorneys understand what should occur following a car accident. They have years of education, training, and hands-on experience handling car accident cases. They can examine the specifics of your case and provide you with the best guidance on how to obtain the full financial recovery you want.
If you want to have the best chance of winning a car accident case, hire an experienced car accident lawyer.
#3. Negotiates a Reasonable Settlement
A successful car accident claim requires a significant amount of labor and investigation. Behind the scenes, a car accident lawyer works hard to construct a compelling case for you and fight for your rights. They can assist you in the following ways:
- Look into the specifics of your accident.
- Collect all pertinent material, such as photographs, police records, witness accounts, and proof of damages.
- Create and file a personal injury claim with the insurance carrier of the at-fault driver.
- If the insurance company tries to underpay you, negotiate a reasonable settlement.
- If the insurance company refuses to negotiate, file a lawsuit.
- Represent you in court and at all stages leading up to court, to obtain full compensation for you.
#4. Represent you in Court.
Fortunately, most car accident claims are settled before they have to go to court. Insurance companies are more likely to pay a fair settlement to a plaintiff who has retained the services of a car accident lawyer. Even if you do file a lawsuit, your lawyer will almost certainly negotiate an arrangement with the insurance before the trial.
If you wind up going to trial, a car accident lawyer will guide you every step of the way. They will fight you tooth and nail for your right to reimbursement. Insurance companies and their techniques do not frighten experienced lawyers. They will be prepared for anything the insurer has to provide.
A car accident lawyer can assist you in gathering evidence that might be difficult to obtain on your own.
Most individuals are unaware of how much work car accident lawyers perform when working on a case.
#5. Completely investigates the case
Aside from evaluating evidence such as photographs and witness accounts from the accident, as previously noted, car accident lawyers may also consult with outside specialists such as retired police officers or their investigators.
If there are questions regarding how particular aspects of the accident occurred, your lawyer may recreate the scenario. They are not hesitant to go the extra mile (and then some) to construct the strongest possible case.
#6. Determines the Full Amount of Your Damages
It’s natural to only think about your immediate costs after an accident. But your lawyer will evaluate all of the ways the accident will affect you now and in the future while putting up a claim. They will take into account present and future medical treatment costs. So, they will note how your injuries have impacted your capacity to work, and the emotional effects of the accident.
They will calculate the most accurate estimate of your total damages after evaluating all of your damages. This helps to guarantee that you are not left footing the bill for costs incurred as a result of the accident that you were unaware of. The insurance company will almost probably not assist you in this matter. Therefore your best bet is to hire a car accident lawyer who understands what they’re doing.
#7. Communicates with the Insurer of the Other Driver
In every personal injury case, your lawyer will initiate contact with the insurance adjuster for the opposing party involved. Because the adjuster controls the purse strings, a plaintiff’s lawyer needs to have open lines of communication and a positive working relationship with the adjuster.
#8. Obtaining the Required Liability Evidence
A qualified lawyer can assist you in obtaining all of the evidence required to prove liability in a car accident lawsuit. Although you may have taken images of the accident scene, your lawyer will return to see what it looks like. While a picture is worth a thousand words, witnessing the situation in person is worth a thousand photographs.
The lawyer will make certain that all accident or police reports in the case are obtained. Also, he or she will frequently speak with the investigating police officers and witnesses. When it comes to acquiring evidence of responsibility, a good lawyer will leave no stone unturned. Find out more about proving fault in a car accident.
#9. Obtaining the Damages Evidence Required
This is where a good lawyer comes in handy, especially if you’ve sustained serious car accident injuries.
It is vital to get any documentation relating to your injury, but getting such records and bills from health care providers can be difficult. Although the records are theoretically yours and you have a legal right to them, distributing medical records to patients and lawyers is not a health care provider’s top concern.
Small doctor’s offices may lack the resources or time to respond to medical record requests promptly. To react to medical record requests, large institutions may have unique protocols that must be followed. If you do not follow their procedures (which are frequently not well publicized), they will just not answer your request.
Finally, it is possible that the doctor did not use the “keywords” in his or her notes on etiology, prognosis, and handicap. To effectively prosecute any form of personal injury claim, you must be able to demonstrate, by medical proof, that you were injured.
- What is the nature of your injury, disability, or physical limitation, and
- that it was the result of the defendant’s carelessness
Doctors frequently fail to include information on the cause and degree of the injury or disability in their medical records. If this occurs in your case, your lawyer will contact the doctor and request a special letter in which the doctor states that the accident caused your injury or disability and that you will be impeded or crippled as a result of the accident for a set amount of time.
#10. Dealing with Lien Holders
A lien will be placed on your claim if you received benefits from health, disability, or workers’ compensation insurance. With a lien, the lienholder receives payment before you do, from any settlement or judgment you obtain. A qualified lawyer will engage with the lien holder to try to persuade them to lessen its lien. This is critical work. Every dollar less the lien holder takes is one dollar more in your pocket. Find out more about healthcare provider liens in personal injury settlements.
How Much Will a Car Accident Lawyer Cost You?
If you’ve been in a car accident and it’s obvious that the other motorist was at fault, you’ll want to find a plaintiff’s car accident lawyer (one who represents the person filing a personal injury lawsuit, when a case makes it to court). But how much money will you have to pay?
In contrast to the hourly fee that many companies charge in other sorts of cases, most car accident attorneys charge a pretty unique way for their services. To take on an injury case, a typical car accident lawyer will charge a “contingency fee.” A contingency fee means that the firm will not be paid until you recover money in your lawsuit. A share of any car insurance settlement will be paid to the lawyer or law firm (if the case goes to trial).
We’ll look at how contingency fees operate and what you may expect if you engage a lawyer to handle your car accident case.
The Percentage of Contingency
A personal injury lawyer’s portion in a contingency fee arrangement varies but normally runs from 25 to 40 percent, with 33 percent (or one-third) being fairly standard. So, if you have a 33% contingency fee agreement and your car accident case is worth $90,000, your attorney will collect roughly $30,000.
The percentage of a contingency fee may vary based on whether or not a personal injury lawsuit must be filed against the other driver (the defendant). If the matter is settled before going to court, the proportion may be smaller.
However, if the matter is settled after the action is filed and the defendant has served a written answer to your complaint—or if the case goes to trial and a jury verdict is reached—the attorney’s share may rise to 40%.
Assume your lawyer filed a demand letter to the other driver’s insurance company in your case, and you quickly reached a $90,000 settlement. In this case, the attorney would be paid $30,000 once again (33%). However, imagine the case instead resulted in a $90,000 jury verdict and your agreement (or the legislation in your jurisdiction) enables the attorney to earn 40% of the amount after the complaint is answered. In this case, the attorney can obtain $36,000.
The fee, like everything else in a contract, is also adjustable. You can probably negotiate a smaller contingency % if your case is “cut and dry”—fault for the car accident and your damages are evident, the defendant has plenty of car insurance, and there’s plenty of proof supporting up your claims. You don’t have to give up a third of your compensation just to have a lawyer on your side.
Fees & Expenses
You may or may not be responsible for upfront court fees and other litigation expenditures, such as the cost of acquiring medical records and police reports, court reporter fees, and expert witness fees, depending on the lawyer and your contract for legal services.
Many personal injury firms demand the customer to pay the fees listed above as they become due. If your contract indicates that you are liable for these costs, you can expect a personal injury firm to contact you and demand payment as the fees become due. If you are unable to pay these fees, your case will most likely be delayed until you do.
Other personal injury law companies (usually major ones) will cover all fees and expenses. The fees and expenditures, however, will be taken from your settlement or ultimate judgment. Assume you reached a $100,000 settlement in your car accident case. Your contract indicated that costs and expenditures will be taken from the payout this time. Your attorney’s costs and expenditures totaled $10,000. In this case, your attorney would receive $10,000 in reimbursement for costs and expenses, as well as $30,000 in compensation for legal services. As a final recovery, you would receive $60,000 ($100,000 – $10,000 – $30,000 = $60,000).
Ensure that your lawyer’s fee is deducted from the “net settlement”—that is, the amount remaining after case expenses are deducted. This is a common arrangement. Some law firms, on the other hand, may strive to increase their income by withdrawing their money first. Inform them that you will not accept this. So, if it becomes a deal-breaker, it is probably preferable to find another lawyer.
Other Fee Structures
A pure contingency fee structure will not be used in every case. Lawyers may charge an initial retainer to commence your case and a contingency fee after your case. If you collect money, however, the sum already paid to the attorney should be deducted from the percentage owed to the attorney at the end of the case. For example, if you paid the attorney $2,000 as a retainer and recovered $90,000 in a settlement, the attorney will collect $28,000 ($30,000-$2,000 = $28,000).
Most car accident lawsuits will not include a fixed fee payment for legal services. Flat fee arrangements are usually designated for less complicated matters. When legal representation is restricted to preparing and responding to a demand letter, a law firm may charge a flat fee. In that situation, the fee could range between $300 and $1,000.
Is a Car Accident Lawyer Worth the cost?
The usual rule is that the more serious the injuries, the more valuable it is to hire a lawyer. If you were in a minor fender collision with few or no injuries, you can most likely negotiate a personal injury settlement without the assistance of a lawyer. On the other hand, if you were harmed and required extensive medical treatment, the value of your case will skyrocket. This means that the insurance adjuster will work hard to minimize your damages and persuade you to accept a very low settlement offer. After all, they are in the business of generating money, not spending it. In such a case, having an experienced lawyer on your side becomes critical.
Is Hiring a Car Accident Lawyer Necessary If Your Accident Was Minor?
Even if your car accident was small, a car accident lawyer can assist you by safeguarding you against legal claims made by the other party in an attempt to blame you for the accident to deny their involvement. A lawyer can also analyze your claim to ensure that you are claiming everything to which you are entitled. A lawyer also knows which specialists to employ and what evidence to collect to assist you to establish the strongest case possible.
What information does My Car Accident Lawyer require from me?
To examine and establish your case, your car accident lawyer will require a variety of pieces of information and proof.
#1. Insurance Details
You must provide a copy of your motor insurance policy to your lawyer. Your lawyer can obtain a copy of your policy from your insurer if you do not have one. Your lawyer will also need to know that your insurance coverage is still active, so submit recent statements or other proof that you have paid your payments.
#2. Information Obtained at the Accident Scene
You may have exchanged names and contact information with other people involved in the accident at the site. Bring this information, as well as any photos or videos you took at the scene.
#3. Obtain a copy of the police accident report
When law enforcement arrives at the scene of an accident, they create an accident report that includes crucial information such as the location of the vehicles. The officer will also record their thoughts on who or what caused the collision. If you don’t have a copy of the report, your lawyer can get one from the police station. If you received a traffic citation, make a copy for your lawyer as well.
#4. Declarations to the Insurance Company
You are not compelled to provide the insurer with a statement, but if you do, you have the right to a copy of that statement.
#5. Medical Documents
Medical records referring to any medical care you got will help your lawyer determine the extent of your damages. Include any documents of psychological treatment as well. If you don’t have these records, provide your lawyer the names and phone numbers of any medical providers you’ve seen for accident injuries.
#6. Statements of Wages
If you need to recover lost wages, your lawyer will need documentation of earnings both before and after the accident.
How Much Do Car Accident Lawyers Get Paid?
According to the American Bar Association, car accident lawyers that work on a contingency fee basis might receive between 33% and 40% of your compensation if you win your case. According to the association, this fee is a fixed proportion that the attorney has agreed to accept.
This proportion is intended to be a guideline. The ultimate percentage may be affected by developments in your case and the outcome of your lawsuit. You can discuss the amount you will pay with your lawyer and ask any questions you may have.
The contingency fee model allows an attorney to begin working on your case without charging any upfront fees. It also allows clients to reclaim their time, allowing them to focus on recovering from their traffic accidents rather than trying to come up with the attorney’s fees ahead of time.
Even if you engage with a law firm that operates on a contingency fee basis, you may have to pay some fees, so knowing this ahead of time will help you plan for them. These may include court costs and fees for any professionals who may be involved in establishing your cases, such as detectives, expert witnesses, and others.
Read Also: Public Adjuster: Who They Are, Cost and When To Hire One
What Is a Fair Car Accident Settlement?
A car accident compensation is calculated using several variables. Hopefully, you can rely on your lawyer to negotiate the best possible solution for you—one that compensates you for both your economic and non-economic losses.
Consider the following dynamics if you wish to follow along and get a broad idea of what to expect:
- Medical costs
- Damage to property
- Earnings lost
- Income loss in the future
- Estimates of future medical expenses.
General Damages Multiplier
The general damages multiplier is a number between 1.5 and 5 that is used to quantify non-economic damages such as pain and suffering. Because this sort of harm is more difficult to define than special damages (economic losses such as medical expenditures and lost wages), the multiplier approach can assist in assigning a monetary value to these losses.
The multiplier increases as your injuries become more serious, painful, and long-lasting as a result of your car accident. To get a reasonable amount for your compensation, multiply this number by the sum of your special damages.
As you can expect, the multiplier has a big impact on the outcome of your settlement. Your lawyer will fight the insurance adjuster’s demand for a low multiplier by revealing the full degree of your injuries and non-economic damages to obtain the greatest multiplier achievable in your specific scenario.
Can a car accident lawyer help me if I’ve lost a loved one in a car accident?
Yes, a car accident lawyer can help you if you’ve lost a loved one in a car accident. They can assist you with filing a wrongful death lawsuit against the responsible party and help you seek compensation for your loss. This can include financial losses such as funeral expenses, as well as non-financial losses such as loss of companionship and emotional distress.
What happens if I win my car accident case?
If you win your car accident case, you will be awarded compensation for your damages and losses. This can include medical expenses, lost wages, property damage, and pain and suffering. Your car accident lawyer will help you negotiate a fair settlement or represent you in court to ensure that you receive the compensation you are entitled to.
How can a car accident lawyer help me if I’ve been injured in an accident?
A car accident lawyer can help you if you’ve been injured in an accident by working to obtain compensation for your damages and losses. This can include medical expenses, lost wages, pain and suffering, and other expenses related to your injury. Your car accident lawyer will negotiate with the insurance company and the responsible party to obtain a fair settlement or represent you in court if necessary.
Can a car accident lawyer help me if the other driver was underinsured or uninsured?
Yes, a car accident lawyer can help you if the other driver was underinsured or uninsured. Your car accident lawyer can assist you in seeking compensation from your own insurance company, such as through an uninsured/underinsured motorist policy. They can also help you pursue other legal options, such as filing a personal injury lawsuit against the responsible party.
What is the role of a car accident lawyer in court?
The role of a car accident lawyer in court is to represent you and argue your case in front of a judge and jury. Your car accident lawyer will present evidence and testimony to support your claim and work to convince the court to award you the compensation you are seeking. Your car accident lawyer will also cross-examine witnesses and challenge the evidence presented by the other side.
Can a car accident lawyer help me if I’m dealing with a denied insurance claim?
Yes, a car accident lawyer can help you if you’re dealing with a denied insurance claim. Your car accident lawyer can work with the insurance company to investigate the reason for the denial and negotiate a resolution. If necessary, they can also file a lawsuit against the insurance company to challenge the denial and help you obtain the compensation you deserve.
Car Accident Lawyer FAQs
Do lawyers want money up front?
A lawyer may, as a matter of internal policy, request a retainer fee before agreeing to accept your case or do any work on it. However, if you are not happy with the idea, you are not required to pay such a price.
When should you get a lawyer for a car accident?
If the car accident resulted in serious physical injury or wrongful death, you should consult with an attorney. It’s also vital to realize that some catastrophic injuries, such as a traumatic brain injury, aren’t often obvious at the crash scene.
How do lawyers bill you?
Many lawyers bill on a time-and-materials basis. This means that they will bill you based on the amount of time they spend working on your case. Most of the time, this is determined by an hourly rate.
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