How Lawyers Can Help You Navigate the Aftermath of a Car Accident
Car accidents are unfortunately common, with an estimated 400,000 car accidents in 2021 alone. Luckily, there are resources to help those involved.
It may seem strange to consider hiring an attorney after a car accident, but there are a wide range of benefits to doing so, from them proving who was liable to dealing with insurance on your behalf and more.
Keep reading on to gain an understanding of why hiring an attorney after an accident is so important.
Prove Liability
In many states, proving which driver liable is a vital part of dealing with a car accident. This means finding who is at-fault for the accident.For example, if someone hits a parked car, the person driving is most likely liable for that accident since they weren’t paying enough attention to avoid the vehicle that was unoving and likely unattended.
Determining which party is liable is a massive deal for both sides as the liable party will have to pay any damages incurred by the other driver and passengers. This is unimportant in states with no-fault systems as any injuries will be covered by the insurance each driver has. Neither driver can contact the other's insurance for damages in these cases.
Sometimes, both parties are equally at-fault. In these shared liability cases, the state’s negligence laws kick in to determine how much each party is owed.
While the outcome is probably best for both drivers as each gets some money to make up for losses, it’s undeniable that at least one driver will feel that they were the victim and find this outcome ultimately unsatisfying. This is why hiring a lawyer as soon as you can after an accident is so important.
Your lawyer will collect as much evidence as possible to determine whether you were at-fault or not. Once everyone who needs it has received medical attention or other aid, take as many pictures of the accident as you can.
These photos will be used alongside the findings of the police department, witness testimony and what both you and the other driver claimed happened. They will likely revisit the scene of the accident to investigate further.
Any evidence a lawyer can get, from testimony to traffic camera footage, can and will be used to help determine who was at-fault. Once fault is determined, they’ll then begin calculating your damages and dealing with each insurance company as necessary.
Calculate Damages
In a legal case, the term “damages” does not directly refer to damaged items. Instead, it refers to the amount of money needed to repair or replace an item broken in the incident that created the case.Those involved in car accidents typically claim a few different types of damages, such as medical expenses and property damage. If the accident was bad enough, pain and suffering as well as lost wages can also be claimed.
Your lawyer will determine which types of damages you can claim and how much each is worth, with some being easier to calculate than others. Medical expenses and property damage are easy to calculate; seeking medical attention and taking your vehicle to a repair shop will both reveal how much money you need to be made whole again.
If a car is totaled, your lawyer will need to pull information about it from many different sources, including your paperwork and that of the dealership’s to determine how much you’ll need to replace your car. Pain and suffering will vary from case to case and must be calculated by your lawyer to have a chance at receiving the claimed amount.
Deal with Insurance
One of the biggest headaches when dealing with car accident aftermath is dealing with each insurance company, especially if you were injured. Luckily, your lawyer can and will contact each company on your behalf.When dealing with your own insurance, the lawyer will look over your policy and file any claims necessary. You can usually do this part yourself with no issue, though. The real problem will start to come in when dealing with another person’s insurance.
Your lawyer may have to fight to get them to accept your damage claims and prevent an adjuster from denying them. This may also happen with your insurance. If you feel that your car accident was complicated and may be headed to court, hire a lawyer as soon as possible.
If your case does make it to court, you may find yourself in settlement negotiations. If you didn’t already retain a lawyer’s services before this, this is when you need to hire one.
They will have a much better idea of how much your case is worth than you do, and while they may be entitled to some of that money as payment, the cost is usually worth it for the rapid closure their presence can provide.
Organization and Advising on Your Behalf
Car accidents are traumatizing and chaotic. You’ll often be left confused and may even feel alone as you deal with the aftermath, especially if you or one of your passengers sustained an injury.Lawyers know this and are ready to assist you however they can. They will collect as much information as they need to and keep it organized. They can contact as many people as necessary and remain composed while doing so. They can even give you advice on how to handle your case. In the end, the decisions you make are your own.
Your lawyer can’t force you to accept or decline a settlement offer, for example. However, a lawyer can be there, watching over your shoulder and being your advocate every step of the way to make sure your recovery is as smooth and quick as possible and that you get exactly what you're owed in a timely manner.
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Posted - 10/21/2024
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