Why You Should Hire an Auto Accident Lawyer
A skilled attorney in auto accidents can help you recover compensation for medical expenses, lost wages and property damage. Insurance companies are notorious for minimising the severity of injuries and reducing the amount they pay victims.
Economic damages are the most popular kind of compensation in car accident cases. Non-economic damages are difficult to quantify.
Recovering Compensation After a Car Crash
The majority of states operate under an underlying system of fault, where the person or company responsible for an accident is required to compensate for the damages. This is typically done through insurance policies covering the at-fault party's liability and your uninsured/underinsured motorist coverage (UIM). In addition to medical costs, lost wages, property damage, and other tangible losses and damages, you may be able to claim other damages that are not economic, such as the pain and suffering, loss of enjoyment of life and emotional distress. In rare cases punitive damages can be given if the at-fault driver's behavior was particularly offensive.
While most car accidents don't require legal counsel, it is usually best to hire a lawyer to handle your claim. A reputable attorney will investigate the accident and gather evidence to demonstrate liability, and negotiate with insurance companies on your behalf. This frees you up to focus on your physical recovery.
A seasoned car accident lawyer is often essential to obtain fair and reasonable settlement offers. Insurance companies often challenge the legitimacy of claim of injury to a victim and attempt to minimize the severity of their injuries in an attempt to limit the amount of money they will pay to compensate victims. Our lawyers are experienced negotiators who have years of experience fighting these types of insurance companies to get their clients the maximum amount of compensation that they are entitled to. Our lawyers have obtained millions of dollars in settlements for their clients.
Proving Negligence
If you've been the victim of an accident, proving negligence is key to your recovery. A personal injury attorney can help you with this. They'll get the police report and, when needed, they'll head back to the scene of the accident and take pictures. They'll also speak with any eyewitnesses, and review any other evidence.
The proof of negligence is based on the fact that the person responsible for your injury had a duty to you. This could be based on the use or ownership of an instrument that caused the injury, your relationship with defendant or even the law. Once you've established that there's a existence of a duty it is crucial to prove that the defendant acted in breach of the obligation. This means they did not meet the standard of conduct that is reasonable in their circumstances and actions.
You must also prove that their conduct caused your injury or loss. This is commonly referred to as causation in law and is a part of a concept known as proximate cause. This means that the breach caused the damage or injury that you sustained.
If someone crashes into your vehicle when you're stopped at a red light, for example, this is an obvious case of negligent driving. Some injuries are more complex. In these cases you may have to prove your damage using a concept called indirect causation.
Gathering Evidence
Evidence is the most important aspect in a car accident case. The more evidence you have the stronger your case. auto accident attorney harlingen includes witness statements, photographs of the scene and damage to both vehicles, and police reports.
The best way to gather this information is immediately, as it's freshest. A majority of people carry a camera on their smartphone, making it easy to take photos of the site of the accident as well as damaged vehicles. Recording weather conditions is a good idea as they can contribute to an accident.
Injuries caused by a car accident tend to be severe, so it is imperative to seek medical attention as quickly as you can. It is essential for your health but also to establish the extent of your injuries. This will allow you to claim compensation for the costs of your medical treatment as well as loss of earnings and other expenses associated with your injury.
Keep track of all expenses incurred because of the accident. This includes transportation to and from appointments or hotel stays if your injuries prevented you from traveling. You may also want to include your tax returns or pay stubs for proof of financial losses.
Negotiating a Settlement
Insurance companies offer low settlements for victims of car accidents. They hope that you will accept the offer, but not hire an attorney to fight for the compensation you are entitled to.
An experienced lawyer for auto accidents can help you negotiate an equitable settlement to cover all your losses and expenses. They can also assist you to file a lawsuit if your insurance company does not agree to the offer of a settlement.
The insurance adjuster will examine your medical records and other records to determine the strength of your claim. It could take several weeks or even months to receive an settlement.
Keeping a file of digital and physical copies of all documents relating to the crash is highly recommended. This will allow your lawyer to quickly access any needed information during the negotiation process. This will also save you from having to supply any documents that the insurance company has previously obtained and used in your case.
When negotiating with an insurance firm, it is crucial to be calm and not jump into emotional outbursts. Avoid making statements that could be interpreted as a confession of fault. Contact your attorney immediately should the adjuster make accusations. The long time between meetings could be an indicator that you're being pressured and about to go into litigation.