When To Hire Auto And Car Accident Lawyer Or Attorney
Being involved in a motor vehicle accident is a stressful time. Accident victims have so many things to worry about – property damage, medical expenses, dealing with the other driver and insurance companies – that often the thought of hiring legal representation is forgotten or never considered.
If you were wounded in a car accident or were engaged in a collision with a negligent driver, the first thing you should do after obtaining medical attention is to consider contacting a car accident attorney who will fight for your personal injury claim.
After you or a loved one is involved in a car accident, insurance companies will hunt for any method to reduce or even deny your car accident claim. Hiring a law company with a track record of success in personal injury litigation is the best approach to collect the reimbursement you deserve.
The insurance companies have massive resources and legal teams. You will need a personal injury attorney capable of taking them on and fighting for you.
This could be a confusing and trying period for you. You may be dealing with significant injuries, the wrongful death of a loved one, or you may be concerned about how you will pay for medical costs and vehicle damage. This post is intended to address your questions concerning your legal alternatives in the event of a car accident.
What Should I Do After an Accident?
Follow these steps after you have been in a car accident:
- Always contact the police. They will provide official documentation of the wreck and investigate at the scene in an attempt to determine who is at fault.
- Seek medical treatment for any injuries you incur. This will create an exact record of what injuries resulted from the accident.
- Do not leave the crime scene until you are told by the police that it is okay to leave. Leaving the scene in the accident without talking to the police could result in criminal charges against you.
- Exchange contact information with the other driver. This should include, name, insurance, license, and any other pertinent information.
- You should immediately notify your insurance company. If the other driver was at fault, your insurance company will contact their insurer.
- Make an accurate record of what you saw and remember about the wreck. Take notes, pictures, or even sketch the accident scene. Get the names and phone numbers of any witnesses to the accident. It is important as early as possible to organize all of your receipts and records from your accident so they can be used in your case.
- You or your attorney should check the area for third party security cameras that may have recorded your accident.
- Make sure that you do not admit fault in any way. You also should never sign any documents that are not from the police or your insurance agent without consulting an attorney.
- Many attorneys will recommend that you not mention or discuss your accident or injuries in any social media posts such as on Facebook or Twitter.
- Contact a car accident lawyer. They can use the documents from the earlier steps to establish fault and the extent of your injuries and begin building a case for you.
Is It Worth Getting a Car Accident Lawyer if I’ve Been involved in an Accident?
Without an experienced personal injury lawyer helping with a car accident case, accident victims may place themselves entirely at the whims of insurance adjusters who may seek to minimize the amount of money they will payout.
Burns, deformity, lasting disability, brain injury, organ damage, and other traumas can all result from car accidents. Your vehicle may require repairs or replacement entirely. As a victim, you are entitled to compensation for these losses, and an auto accident lawyer understands how to make the claims procedure simple for you. Hiring a personal injury attorney can help ensure that you receive all of the available remedies to resolve your claim.
An attorney representing you can collect evidence such as:
- Photos of the accident scene
- Photos of the damaged vehicle
- Police crash reports
- Eyewitness statements
- Information from a vehicle’s event data recorder
- Medical and work records
- Electronic evidence including cell phone records
- Manufacturer records and recall information
An attorney can gather all of this information as well as consult with other experts to put together a strong case for you in order to negotiate a settlement with insurance companies both inside and outside the courtroom. Additionally, accident victims may not be aware of their rights after a car crash and insurance companies will try to use this to their advantage. They will try to get you to admit fault or otherwise establish negligence to lower or dismiss your claim.
An attorney can help victims understand their rights and advise them on how to interact with adjusters without admitting responsibility or saying anything that could be interpreted as damning. Attorneys can also use a network of experts to help strengthen your claim, negotiate a better resolution for your claim in most situations, and level the playing field for you against insurance companies that may be acting in bad faith.
Should I Get a Lawyer for an Accident that Wasn’t My Fault?
As we outlined above, hiring an attorney is a crucial step in getting the compensation you deserve. A personal injury lawyer can help you demonstrate fault after an accident and can defend your claim against insurance companies.
Since Kentucky is a no-fault state, your insurance company will pay your personal injury protection (PIP) benefit regardless of who was at fault. An experienced personal injury attorney can review accident reports and witness statements to determine the other driver’s negligence.
Do I Have to Have a Lawyer that Specializes in Accident Cases?
In theory, any lawyer licensed to practice in your state can represent you in a vehicle accident lawsuit, but they will lack the required skills and experience to successfully defend your claims! You need a personal injury lawyer who has handled situations similar to yours. Personal injury attorneys specialize in these matters and understand what you are going through. They know how to handle your case, get you the medical treatment you need, and get you the reimbursement you deserve.
Personal injury attorneys, through their experience and specialization, can provide you with the advice you need to navigate through this difficult time and get your life back on track. “Insurance companies have people working on the claim as soon as it is reported, but their interests don’t usually match an injured person’s interests. If you have a car accident lawyer, your lawyer can speak for you and your interests so that YOU ARE PROTECTED.”
From Kevin Shannon, Bryant Law Center personal injury attorney. How Long Do You Have to Hire a Car Accident Lawyer after an Auto Accident? It is in your best interest to contact a car accident lawyer as soon as possible after a car accident.
There are three primary reasons for this:
Gathering Evidence
The evidence begins to erode soon after an accident. Eyewitnesses move on and forget details as the vehicles involved are moved. You need someone who can put together your case for you by gathering as much evidence as possible. The longer you wait to hire a law firm to represent you, the more difficult it will be to acquire the evidence needed to construct a solid case.
Compensation for Treatment and Damages
Paying for medical treatment out of pocket is stressful and difficult. It may have an influence on your income and capacity to make ends meet. If you wait too long to contact an auto accident attorney about your case, you may lose your ability to obtain the funds you need to pay for medical bills or automobile repair or replacement. Because a solid case requires sufficient evidence, and that evidence is time-sensitive, you may be unable to secure an acceptable settlement if you do not contact an attorney.
Statute of Limitations
If you wait too long after an accident, you may not be eligible to bring legal action against the other driver in your car accident case. In Kentucky, the statute of limitations is 2 years after the accident or 2 years after the last no-fault medical payment.
Many personal injuries sustained in a car accident do not manifest themselves until days or weeks later. After a car accident, you could be receiving therapy for years, which could become quite expensive if you lose out on legal assistance while it is still accessible to you.
If there is a wrongful death claim involved in your case, time may be even shorter. There is a statute of limitations of 1 year after death to bring a wrongful death claim before the court.
How Much is a Car Accident Settlement?
Settlements vary depending on how severe the damages are and upon the case built for your claim. An insurance company may offer you a quick settlement amount based upon data and formulas which allow them to determine how much they are willing to give you.
A personal injury attorney can level the playing field and gather evidence for you based on the cost of your medical treatment (both past and future) resulting from the accident, the extent of your injuries and those of your passengers, the damage to your vehicle, witness testimony, police reports, lost income or lost wages, and other items to argue for a fair settlement.
“Determining the value of a claim or settlement is more art than science,” says Kevin Shannon, a personal injury attorney at the Bryant Law Center in Paducah. “There are no magic formulas and the internet is not a good source of information. In the end analysis, each claim is unique and its value depends on many different factors that can be evaluated by a car accident lawyer experienced in handling personal injury cases.”
What Can I Recover After an Accident?
After you hire an attorney to pursue your claim you may be eligible for some or all of the following:
- Money to repair your vehicle.
- Money for the loss of your vehicle.
- Money for the diminution in value of your vehicle.
- Money for medical expenses reasonably incurred.
- Money for medical expenses reasonably expected to be incurred in the future
- Money for wage loss
- Money for wage loss reasonably expected to be incurred in the future.
- Money for mental, emotional, and physical pain and suffering.
- Furthermore, depending on your facts and circumstances, you may be able to seek punitive damages. Similarly, your spouse and/or children may have derivative claims for loss of consortium.
Vehicle Repair or Replacement
The full fair market value of your car may be reimbursed to you if it was declared a total loss by insurance. Otherwise, you may be eligible for damage to your car to be repaired.
Payment for Medical Bills for Car Accident Injuries
Past and future medical bills associated with your car accident may be compensated for you.
Lost Income Compensation
If injuries you sustained have prevented you from working and earning a living, you may be able to be compensated for lost wages.
Pain and Suffering for Injury Compensation
In addition to medical bills, your attorney may be able to successfully argue that the accident has caused you undue pain and suffering. You may be able to recover the damages incurred by the accident.
Compensation for Emotional Distress
After a wreck, you may experience significant emotional trauma including PTSD, anxiety, insomnia, and depression. You may be entitled to compensation for these and other emotional issues.
Punitive Damages
You may be entitled to seek further compensation if the other driver was engaged in dangerous activities such as drunk driving at the time of the accident.
Compensation in the Case of a Death
If you lost someone in an automobile accident, you may be entitled to compensation for their medical treatment following the accident, for pain and suffering sustained before to death, for funeral and burial costs, and additional damages such as loss of companionship, consortium, or financial assistance.
How Long Does a Car Accident Lawsuit Take?
The length of a car accident lawsuit varies based on a number of factors, but it might take anywhere from a few months to a year or two. The insurance carriers involved, putting together the case, and evaluating the cost of past, present, and future medical treatments and income loss are all determining considerations.