Auto accidents create a disruption in life like few other incidents. They are watershed moments in the life of many victims, and especially those who suffer long-term serious injuries. Even seemingly minor accidents can result in injuries that last a lifetime for many of those affected. Life changes are common, including being declared disabled and presenting ongoing difficulties with living in general. And not only are physical injuries a serious issue, but the mental anguish can be just as damaging.
Accident victims typically do not know where to turn when an accident happens, including pursuing financial damages when someone else is liable. The best step for most who are in this situation is discussing the case immediately with a car accident lawyer before taking any action because there could be many legalities involved with personal injury or even wrongful death cases. Having the right law firm matters when the case is adjudicated.
When to Hire a Lawyer After an Accident
Many respondent insurance companies understand the apprehension dilemma for accident victims and their families, and they will actually make the first contact regarding an injury claim in some cases. Insurance companies are required by law to investigate all accident claims, and they often already have a copy of the police report in most cases.
They can investigate all factors impacting coverage and issue a determination quickly in some accidents. However, this is not necessarily good for the victim. Insurance providers will often want to discuss the case on the phone, which could well be a recorded conversation, and return with an offer that is well below the actual case value. This is exactly when it is time to call an experienced personal injury lawyer.
Why Letting Your Car Accident Lawyer Handle the Negotiation is Good
Car accident victims have enough trouble dealing with their injuries following a crash, and they should by no means be talking to the insurance company when evidence is questionable. Any time a claimant is discussing the case with insurance company caution should be exercised, and especially when discussing fault and settlement acceptance.
A personal injury lawyer can request all information regarding insurance levels and opposing party driving records in maximizing an injury claim, which are actions the typical injured claimant will not know and cannot request successfully. And, the initial discussions will actually just be setting the stage for the court case when a settlement is not reached.
Proving the Injury Case
The mere fact someone is in an accident does not mean a claim is available. Personal injury cases must be built using time-oriented documentation such as medical bills, diagnosis and prognosis from medical professionals, and testimony from victims and witnesses.
It is incumbent on all injured parties to prove both that they have an injury and that the injury is due to the negligence of the respondent at fault driver, or drivers in multi-car accidents. All parties in a serious accident case that could find its way to court will have their own legal team, which means that those who do not could easily be under-compensated when the legal teams are attempting to deflect fault away from their client or overstate their own injury claims.
Some cases are simple in nature and do not require legal representation for court, but not having professional legal counsel negotiating claim damages still means a claimant can be slighted or tricked into accepting a settlement that is well below the actual value of the claim. This is especially true regarding long-term general damages for pain and suffering.
Defending Against Comparative Negligence Defense
While most injured passengers are not assessed for personal fault in an auto accident injury case, all drivers are. As a matter of act, every driver involved in an accident is evaluated for personal comparative negligence even when there is one dominant at fault driver. This means that a personal injury lawyer is also a defense attorney of sorts for injured clients who were driving and are also facing potential negligence claims.
Some states use modified comparative negligence law that can bar injured drivers from receiving financial recovery if their personal percentage is 50% or greater, which can indeed be a problem when damage awards are determined. In states with the 50% bar, a 50-50 fault two-car accident could actually result in neither driver being compensated for injuries but still being required to pay damages for injured passengers.
This is the area of a car accident case where attorneys work hardest in representing their clients because it can eliminate any compensation whatsoever or at least significantly reduce the total amount. Comparative negligence percentages are not determined according to the police report in all cases, and the jury ultimately has the final say in who is at fault when complicated cases go to court. Attorneys are invaluable in this process.
Pursuing Whole Damages
Another reason it is vital to have solid legal representation is when total damages are being contested by the defendants or their insurance providers. Insurance companies can be ruthless when it comes to reducing the value of accident claims, and defenses range from personal causation of the injury to prior existence or even overstated claims of severity.
While the definitive dollar amount financial damages can be obvious regarding medical bills for treatment and rehabilitation and physical damage to an automobile, general damages for long-term implications of the injuries are not. Insurance company claims adjusters are trained professional negotiators who specialize in reducing general damage components of any claim, and the novice injured victim is no match because the adjusters all know the law and how it protects them specifically.
Injured parties need professional negotiators too because they only have one opportunity for financial recovery. And, the insurance companies are responsible primarily to the company bottom line and only responsible to a claimant to the extent of an insurance policy.
Contact a Car Accident Lawyer ASAP
It is never a good decision for an injured victim to attempt handling their own injury case. The law can be very complicated, especially in serious injury or wrongful death situations, and all defendants will have legal teams focused on deflecting blame and increasing claims. Car accident attorneys always offer free consultation to evaluate a claim possibility, so there is no excuse to not have solid legal counsel. Always get a reputable law firm with a strong track record of results for their clients.