When you are involved in a car accident, you could be seriously injured or a fatality may occur. The biggest problem when facing the repercussions of a car accident is dealing with the insurance companies. They will be quick to make the problem disappear while paying the least amount of money possible. They will do this even if the injured party needs extensive care. This is why if you experience a car accident, when another party is at fault, you should immediately consult an attorney. An attorney will protect your rights as a victim and ensure the insurance company and the liable party compensates you for your injuries.
What to do After an Accident
After you are involved in an accident, you should do your best to not speak to the other party. The reason for this is because admitting fault and even apologizing can look like an admission of guilt during the court proceedings. If you must speak with the other party, make a note of statements made so you will have your best shot at proving fault. Also, gathering information from the witnesses of the accident can prove to be very beneficial once you start going to court. You should also make notes of the severity of traffic at the time and also the type of weather during the time of the accident. Having the police officer’s names can also be helpful when you begin going to court. While this seems like a lot of work, all of this information will become very valuable during future proceedings in the case. Obviously, you should seek immediate medical attention after the accident as well, to ensure that no serious damage has been done. Also, if your accident was serious, to the point that you are unable to take down much of this information, always remember to speak to an attorney before anyone else; that is, once you are able to. Consulting with a lawyer like those at Attkisson Law Firm, can provide you security during the trying time involved with fighting a car accident lawsuit.
Hiring an Attorney
There are many reasons to hire an attorney when you have been in a car accident. A lawyer can make sure that the liable party pays for things like medical bills, lost wages, and car repairs. They will also make sure that the liable party’s insurance company does not take advantage of you in this time of distress. A benefit to having an attorney is that they are familiar with the law and what rights you have as a victim and that they will handle the tedious and large amount of paperwork that is involved in a case like this. They also have access to attaining pertinent evidence to the case that can include; police reports, witness statements, medical records, and employment loss information. All of these factors can prove to be very important in substantiating your case and gaining the needed compensation to put you back into the position you were in before the accident. It is best to hire an attorney as soon as you are able, to avoid any possible discrepancies that could hurt your chance of winning. Another benefit to hiring an attorney is that they know when deadlines are for filing certain forms of paperwork, which vary from state to state.
What to Look For in an Attorney
When looking for an attorney to hire, you will want someone who is experienced in dealing with car accident cases. Because a car accident case can range in matters that include personal injury, wrongful death, property destruction, and liability purposes; you will want to have an attorney that is skilled in what they do. Determining if they are skilled can come from doing your homework on their background, their past cases, and even people who have dealt with them in the past. A large part of knowing that you have you have found a worthy attorney, is by the form of payment they require. Most noble lawyers will take a case based on contingency, which means that they will not require payment unless you win your case. Most attorneys know that a serious car accident happens unexpectedly and can cause a lot of harm to a person and their family, whether it is physically, emotionally, or financially. This means that they will fight with you and for you to help you gain the appropriate compensation to assist you with current and future problems stemming from the accident.
How to Win Your Case
In every car accident case, the injured party that is not at fault, must prove the same four factors in order to win their case. They first must prove that the guilty party did not fulfill their legal duty to obey the rules of the road. If the driver was driving at a dangerous speed, did not maintain control of the vehicle, did not observe traffic signals or use blinkers, and even if they did not stay aware of their surroundings; they can be found at fault of not maintaining their duty as a driver. Then the victim must prove that the guilty party breached this duty. This is done with evidence that can include; witness testimony, surveillance, and sometimes admission from the guilty party. Occasionally however, circumstantial evidence must be used, which can include skid marks in the road and blood alcohol levels. The next factor to be proved is causation, which is usually done through expert testimony. This means that an expert will review the facts of the case and determine that by fault of the guilty party, the accident was caused. Lastly, a victim must prove harm, for if no harm is done, a negligence claim cannot be made. Obviously, this can be done with medical records that prove the injuries were caused by the accident.
As you can see, the process of a lawsuit for car accidents is very involved, which is why having an attorney to fight for you is so important. Without one you will be left with very little compensation, due to the absence of the insurance company’s care for what happened, and more than likely a large amount of bills that will trail along from medical issues and your lack of ability to work while you recover.