Immediately following an auto accident, your first thoughts flash to your safety, that of your passengers, and the condition of your car. Sadly, other distractions come into play that you must deal with, from insurance claims to impaired drivers. If you feel as though another party wronged you in some way, causing your injuries as a result of a car accident, hiring an auto injury attorney may be yet another task you have to tackle. No one wants to even be in this situation in the first place. The last thing on your mind is money, as you try to heal and return to normal.
Seek Out a Trusted Resource
If there is an attorney who has represented you in the past, it’s wise to keep his or her business card handy such as in your glove compartment or your wallet. You really never know when you will need access to someone you can trust – fast. That way, if you are involved in a car accident, you can inform the office that you require legal assistance in a timely manner. Having a dependable and experienced auto injury attorney ready to fight for you can be comforting.
Create a List of Questions
If you don’t already have an attorney in your corner, you’ll need to find one. That means you have to do some research. Most lawyers offer a free initial consultation, during which you can ask questions. Create this list ahead of time so you don’t miss anything. Outline the details of your auto accident and keep notes.
Inquire About Background
Ask about education and professional experience. Some good questions to ask include:
How much of your practice is made up of auto accident claims?
How many car accident victims do you represent annually?
How many do you settle? How many go to trial?
What is your success rate?
Do you frequently handle cases similar to mine?
Where did you attend law school?
How many years have you been in business?
Are you a member of any bar associations or professional organizations?
Have you represented victims of auto accidents who suffer from injuries like mine, such as back and neck injuries, TBIs and any other injuries that may result in long-term medical issues?
Don’t be afraid to ask all of these questions. The answers you receive will allow you to make the most informed decision possible in hiring an auto accident attorney to handle your case – and indeed your future.
Inquire About Case Assessment
After discussing the details of your case, ask the lawyer what his or her opinion of your case is.
What is your assessment of my case?
What kind of financial settlement can I realistically expect?
What are some of the factors that work in my favor? What factors work against me?
Do you think we will have to go to trial?
Do you think arbitration or mediation is a better option?
How long do you expect my case to take?
No matter how good your lawyer is, sometimes the answers to these questions just can’t be said with certainty. However, good auto injury attorneys should be able to give you estimates based on their knowledge, experience, skill and nature of similar cases.
Gather Information
Once you have secured representation, do your part to ensure a successful claims process. That includes showing up to all appointments with your lawyer and doctor, keeping all documents pertaining to your case organized, and answering letters and phone calls regarding your case promptly. Follow the instructions of your lawyers and doctors, show up on time, and be respectful in all meetings with other lawyers and the judge.
Doing your part in the matter can contribute to a seamless process with a successful outcome.
Contact Kuzyk Law
Don’t let the aftermath and confusion of an auto accident cloud your better judgment of calling an auto accident injury attorney sooner rather than later. We are here for you whenever you need us. Call us for more information.
Choosing a lawyer for your personal injury or wrongful death case is a decision that is similar to picking a partner for marriage. It may be a long relationship and it is always one that commands the two parties, the attorney, and the client, to trust each other. If one party does not trust the other, the common goal of justice cannot be obtained. This is because justice without trust in the result is no justice at all.
I am writing this entry to encourage face-to-face interaction with those seeking legal representation and the actual lawyer who would be trusted with that case. My biggest competitors are out-of-town, big-city lawyers who, in my estimation, rarely actually meet with the injured/aggrieved parties in my area. So it is no surprise that I often get calls from nearby clients of these lawyers telling me that they are not happy with their lawyer because they don’t know what is going on with their case and they do not trust in what they are being told. I always encourage these folks to try to work it out with these lawyers and I do press them to seek a face-to-face meeting, as that nearly always satisfies client concern, at least for the short term.
I know a lot of my competitors, and I will say that most of them are very good lawyers and that their firms are usually reputable. But, to me, there is no substitute for the old-fashioned face-to-face meeting. And I do believe there is still something important in the ability to look someone in the eye.
“Whoever is careless with the truth in small matters cannot be trusted with important matters.” – Albert Einstein
Before I talk about the benefits of personal interaction for personal injury clients, I want to stress the benefit of the lawyer to meet with the client. I nearly always demand to meet with my potential clients face-to-face before my attorney-client relationship begins. I’ve been doing this long enough to be able to identify most potential trust issues early on. For example, when I ask a potential client if they’ve ever had the medical condition that they are complaining of now and they either look down or away, fidget, leave moisture on my glass table, and they answer “no,” then I know to pause and inquire further. I advise them that it does not usually matter if they did have prior issues and that I value trust over preexisting injuries in my clients. If they persist in their denial, I have other methods of verifying the truth, but if I get a bad feeling about a potential client, I will turn down cases on that alone. If I can’t trust my client in the initial meeting, I realize that a jury may have a hard time trusting them at trial.
For injured victims of negligence in Ohio, choosing a personal injury lawyer is easy. If you are in a car accident, your mailbox will likely be flooded with mailings with catchy phrases, DVDs, and all kinds of letters from lawyers all over the state. You can be in Portsmouth, call a lawyer in Toledo, and have a lawyer at your doorstep in a matter of a few hours, or less. But choosing a personal injury lawyer you trust is something entirely different. In the instance of this traveling Toledo lawyer, you will likely never see this person again. He or she is probably just a runner, paid to sign you up as a client. Who is actually handling your case – – at all stages, is a whole other story. While you may still get quality representation, you won’t be able to lock in trust because you will likely feel a void in the relationship.
When new clients don’t meet with the actual lawyer will end up handling their case, they are many times deprived of judging sincerity, which goes directly towards how that person can rely on the lawyer. Meeting with the actual lawyer on your case can also give you the opportunity to judge for yourself that lawyer’s commitment to your case, which goes hand-in-hand with whether you believe that person has integrity. Lastly, by meeting face-to-face with your lawyer, you can judge for yourself their competency and whether you feel they will be consistent in providing results.
If you don’t like the lawyer you meet with, move on to the next one. Because if you don’t like them, a potential juror might not, either, and it is important that you find someone you feel comfortable talking to. And to me, there is no substitute for sharing a cup of coffee with the folks I’ve asked to trust me.
Personal injury lawyers are civil litigators who represent clients, often referred to as plaintiffs, who are alleging physical or psychological injury as a result of negligence or careless acts by another person, company, organization or government entity.
Personal injury law is a broad term that encompasses a number of different situations where a victim has endured physical or psychological damage. The types of cases that personal injury lawyers typically handle fall within the area of tort law that include slip and fall accidents, motor vehicle accidents, flawed products, and other recreational accidents or accidents that result in serious personal injuries.
The role of a personal injury lawyer is to act on behalf of their injured client to negotiate fair compensation for damages sustained during an incident.
Lawyers who practice personal injury law help their clients obtain compensation for losses incurred, such as loss of income, loss of capacity to earn, inability to perform activities of daily living, pain and suffering, loss of companionship, emotional distress and legal costs.
Individuals that seek advice or representation from a lawyer should be aware that the lawyer is bound by strict standards of professional and ethical responsibility. In Alberta, lawyers are governed by the Law Society of Alberta and the Code of Conduct sets out the lawyer’s obligations to their clients, courts, counsel and to the public.
FIDUCIARY DUTY TO THE CLIENT
Lawyers are under a ‘fiduciary duty’ to their clients. Lawyers owe a duty of good faith and must act honourably. It is a lawyer’s predominant duty to perform legal services on behalf of his/her client to the standard of a competent lawyer. A client is entitled to expect that his/her lawyer has the ability and the capacity to deal with legal matters.
Lawyers have a fiduciary obligation to their clients and must act honestly and be candid at all times. Lawyers must also act in good faith to advance their client’s best interests. A lawyer is obligated to take all actions and give advice that will benefit their client and must use professional skill to protect their client’s best interests.
SOLICITOR-CLIENT PRIVILEGE
One of the most important principles of the lawyer-client relationship is the right to have your private communications with your lawyer protected by solicitor-client privilege. Your lawyer can’t reveal any information that you disclose in confidence, unless you give your express permission. However, this privilege does not apply to communications for the purpose of committing a crime or an act of fraud.
The duty of confidentiality allows clients to participate in honest and frank communication with their lawyers. This, in turn, allows lawyers to provide their clients with the most effective representation, equipped with all of the relevant facts.
In order to claim solicitor-client privilege, three pre-conditions must be met. The communication must be:
Between the lawyer and the client;
For the sole purpose of seeking or giving legal advice; and
Intended to be confidential by the parties.
CONFLICTS OF INTEREST
Lawyers also have a duty not to act or continue to act for a client where a conflict of interest exists. A conflict of interest may occur where there is a risk that a lawyer’s representation of a client will be adversely affected by the lawyer’s own interest or his/her duty to another client or third parties.
For example, a conflict of interest may arise where a lawyer is asked to represent a client in a matter where the lawyer has a personal stake in the outcome. Another example is where a lawyer is asked to act for a client in a case against a former client. In these situations, the duty to avoid conflicts of interest requires that the lawyer refuse to act in these circumstances.
YOUR ROLE AS A CLIENT
In general, there are a variety of ways that you as a client can establish the most effective relationship with your lawyer. These include the following:
Be truthful with your lawyer;
Preserve all evidence including photographs and videos;
Be cooperative and respond to requests for information by your legal team in a timely manner;
Always keep your lawyer informed of any changes in your medical condition or if new evidence becomes available as time progresses;
Attend meetings and legal proceedings, such as discoveries or mediation, advised by your lawyer and be punctual, and if you cannot attend a meeting let your lawyer know as soon as possible; and
Be considerate and polite with your lawyer and the entire legal team.
Hiring a lawyer is one of the most important decisions you make following your accident and the quality of legal representation you receive can have a major impact on your recovery. When you hire Cuming & Gillespie Lawyers, you are hiring award-winning lawyers with over 20 years of experience. You can rest assured that your case is in the best hands.
If you or a loved one have suffered serious personal injuries as a result of the negligence or carelessness of a third party, it is important to have an experienced personal injury lawyer by your side. The professionals at our service are very familiar with how personal injuries can negatively impact one’s life and we want to help you during this difficult time by advocating on your behalf.
For lawyers looking to drive more traffic to their website and attract more clients for their injury and accident practice, then blogging and content marketing is an excellent way to do just that. If you’re looking for blog topics and content ideas to get started, we have compiled a list of the best subjects and categories to include on your law firm’s blog.
Here are 13 car accident blog topics to write about:
Accident victims will likely have many questions about the claims process in general. They’re seeking information about everything from reporting to the insurance company to dealing with insurance adjusters, the average settlement for their type of case and how long it takes to settle their claim. “Do I have to go to court to settle my claim” or even “What happens if my accident claim goes to court?” are examples of the types of posts you could publish on this topic.
These are excellent types of questions to answer in blog format. Target your queries and answers to address victims questions within your state. You can use these types of blogs to convert visitors into leads and clients by selling them on the benefits of hiring an attorney.
For instance, in your article discussing how long a settlement can take, you can talk about why it might not be in a victim’s best interest to rush to settlement.
Perhaps mention the different tactics insurance companies use to delay settlement and then put pressure on a quick settlement at the end of the statute of limitations period.
2. Types of Motor Vehicle Accidents
Many of the MVAs your firm sees probably deals with standard passenger vehicles. However, other cases, which tend to have higher awards or settlements, involve other types of vehicles.
When people who have been injured in accidents look for information about their case, they will usually look for information related to the types of vehicles involved in the accident. Some of these type of vehicles include:
Trucks and Buses
Motorcycles
ATVs
Recreational Vehicles
Boats
Bicycles
Provide high-quality information and helpful resources specific to the types of accident cases you would like to attract more of, if they involve any of the types of vehicles listed above.
3. Bicycle Collisions
Bicycle collisions is a large topic with the potential for many future blog posts. If you serve a large metropolitan area or practice statewide, then content for cyclist accidents can be hugely beneficial. There are many considerations in these types of cases that you can share with potential clients.
Everything from the condition of the bike, whether or not the cyclist was wearing a helmet, was it worn correctly, with tight straps and fully buckled?
A number of articles can be written about the road on which the accident occurred. Was it a construction zone, was it a shared-use lane, was the cyclist riding across a sidewalk, instead of walking, were markings and signs pertaining to cyclists and motorists present as well as the condition of road striping and lane markings.
You can publish about the types of collisions such as intersections, right and left hook accidents and doorings. Detail how the collision scenario affects factors such as fault, damages and the overall case.
4. Pedestrian Accidents
Similar to motor vehicle accidents involving cyclists, pedestrian accidents can cause more serious injuries and can even be fatal. Who is at fault and responsible for the accident is different from conventional auto collisions.
On this topic, you can write helpful articles that discuss how fault is determined in a pedestrian collision. Other posts can be published on when pedestrians have the right of way, who covers medical expenses in pedestrian accidents and what to do when a pedestrian is hit by a vehicle.
5. Uber & Ridesharing
Uber, ride-hailing and ridesharing are wonderful examples of innovation to create more efficient markets in personal transportation. However, with more Uber drivers and similar service providers on the roads, there are more injuries caused by accidents involving drivers of these corporations.
Because these stories attract a lot of attention from the media, you can participate and contribute to the news cycle. Whenever an accident occurs involving or at the fault of a Lyft or Uber driver, report on the story in your blog.
Additionally, you can also write posts on how accidents involving these motorists could potentially affect the outcome of a claim.
6. Types of Injuries Sustained
There are many types of injuries that can be occasioned by an MVA. Soft tissue related injuries, such as whiplash are a result of many rear-end collisions. Catastrophic injuries such as brain injury, permanent injuries and disfigurement or even death are more typically seen from more serious accidents, such as those involving high speed collisions, 18-wheelers and motorcycles.
What impacts do different types of injuries (or even wrongful death) have on the process and outcome of an accident case?
If you rather focus on volume of cases rather than blog content that might drive less traffic for these types of catastrophic injuries and accidents, then there is a whole series of blog content that can be written specifically about STI (soft tissues injuries) and whiplash. There are many different grades of severity of whiplash and victims or loved ones of victims are searching for this information online.
7. Most Common Causes of Accidents
There are many causes for motor vehicle accidents, from driving while impaired, to poor road conditions, improper operation of the vehicle, texting and distracted driving.
Write articles that deal with this topic and the implications of each cause. How does the type of accident affect the case – if at all? In many posts on this subject, you can describe how this supports the determination of fault for the accident (more on that later).
8. Driving and Accident Statistics
Blog content on statistics isn’t likely to directly drive many new clients. After all, what victims are looking at stats?
However, it is extremely beneficial to publish high-quality posts with statistics on motorist and driving trends as well as accident statistics. This type of content will support your firm’s ability to earn and build backlinks for your law firm. This builds your firm’s authority and credibility in the eyes of search engines, which will in turn rank you higher for lucrative car accident and personal injury keywords.
9. Hiring a Car Accident Attorney
Accident victims hold a range of ideas about hiring a personal injury lawyer to handle their MVA case. With those thoughts come questions about the process of hiring and working with a car accident attorney. People at this stage in the process are looking for information about lawyers rather than seeking to hire one. This presents an excellent opportunity to be their first point of contact and the blogs they find on your law firm website will convert a number of them into engaged clients.
On this topic, some post and content ideas include “Is it worth hiring a car accident lawyer” and “should I try to handle my car accident claim myself?” where you can discuss how it’s beneficial to them to hire a law firm. Address subsequent questions like “Will I receive more compensation after paying the legal fees?”
10. Maximizing Compensation
A substantial topic that you could write many articles about involves how car accident victims can get the most money from their auto injury claims. This includes the types of damages as well as the factors that lead to larger settlements.
Discuss the types of damages available for accident victims, how types of damages are awarded and the potential value of these damages. For instance, an example blog title could be “How much can you get for pain and suffering in New Jersey?” or “5 Common Types of Damages in Car Accident Claims”. Provide helpful and in-depth information to potential clients on the types of damages.
You can publish in more detail on each type of damage for property losses, disfigurement and income loss.
11. Evidence Used in Car Accident Claims and Cases
Evidence is an important part of a MVA victim’s claim or case. Provide helpful resources and blogs that empower accident victims with information for them to gather and collect their own evidence while they are at the scene of the accident and the process thereafter, such as with injuries and medical attention that can be used to achieve a favorable outcome and get the most compensation they are entitled to.
Post blogs that discuss the different types of evidence, the methods for gathering evidence as well as what is eligible evidence in their accident claims case.
12. Determining Fault in an Accident
Determining fault in car accidents is important for knowing who can claim damages. Many people know by the time they speak with a lawyer that this is important, but they usually learn it in the interim between the accident and contacting a firm. Publish content related to the laws in your state regarding fault in accidents as well as how fault (or partial fault) is determined.
Some examples of headlines are “The Guide to Determining Fault after an Accident in Texas”, “10 Common Car Accident Scenarios and Who is at Fault”, “Who is at Fault in Rear End Collisions in Florida?”
13. What to do after an accident
Accidents spike adrenaline and force people into response. Lots of things happen quickly and it can be difficult for auto accident victims to take stock of everything that’s happened and ensure they follow procedure. Furthermore, not everyone knows what they should do immediately after as well as the days, weeks and months following an accident.
Many blog posts and articles can be written on this topic, including what to do after an accident, as well as what not to do. Another angle on this type of post is what to and not to say at the scene of a car accident.
If you’ve been injured in a car accident, you might be wondering exactly how an attorney can help you. In this article we’ll cover what a car accident lawyer brings to the table, including:
organization and analysis of key evidence and records
a network of investigators and experts who can help strengthen your case, and
negotiation skills that will get the best outcome for your car accident claim.
What Will My Car Accident Lawyer Do?
While much depends on the specifics and the complexity of your car accident case, in general a lawyer can:
communicate with the other driver’s insurer
obtain the necessary evidence with respect to fault for the accident
organize your medical records and bills
communicate with your health care providers to obtain missing records
work with your doctors to make sure they provide the medical information you need so that you can prove damages in your claim
organize and present the evidence in order to prove liability and damages
negotiate with lien holders on your claim (such as health, disability, or workers’ compensation insurers) to potentially reduce the amount of those liens, and
negotiate a satisfactory settlement with the insurance adjuster or defense attorney.
Let’s look at a couple of these things in-depth.
Communicating with the Other Driver’s Insurer
In any personal injury case, your lawyer will open up a line of communication with the insurance adjuster for the other party (or parties) involved. The adjuster has the pocketbook, and so it is critical for a plaintiff’s lawyer to have good communications and a good relationship with the adjuster.
Obtaining Necessary Evidence of Liability
A good lawyer can help obtain all of the evidence that you will need to prove liability in a car accident claim. Although you may have already taken photographs of the accident scene, your lawyer will probably go back to the scene him/herself to see what it looks like. While a picture may be worth a thousand words, actually seeing the scene can be worth a thousand pictures.
The lawyer will make sure to get all of the accident or police reports in the case and will often speak with the investigating police officers and witnesses. A good lawyer will leave no stone unturned when it comes to obtaining evidence of liability. Learn more about proving fault for a car accident.
Obtaining Necessary Evidence of Damages
This is where a good lawyer can be essential to your case, especially when you’ve suffered significant car accident injuries.
It is critical to obtain all documentation related to your injuries, but it isn’t always easy to get your hands on those records and bills from health care providers. Although the records are technically yours, and you have an absolute right to them, sending medical records to patients and lawyers is just not a health care provider’s first priority.
Small doctors’ offices may not have the staffing or the time to respond to medical record requests on a timely basis. Large hospitals may have specific procedures that must be followed in order to respond to medical record requests. If you don’t follow their procedures (which they often don’t publicize very well), they simply won’t respond to your request.
Then, when the health care provider does respond to the request, the records may be incomplete. Any lawyer’s secretary or paralegal will tell you that they often have to request the same records more than once and that they have to follow up endlessly with the provider’s office.
Finally, it may turn out that the doctor did not use the “magic words” as to causation, prognosis, and disability in his or her notes. In order to successfully prosecute any type of personal injury claim, you must be able to prove, through medical evidence,
exactly what your injury, disability, or physical limitation is, and
Doctors often don’t mention causation and extent of the injury or disability in their medical records. If this happens in your case, your lawyer will write the doctor and ask for a special letter in which the doctor gives his/her opinion that the accident caused your injury or disability and that, as a result of the accident, you will be hindered or disabled for a specific period of time.
Negotiating With Lien Holders
If you received benefits from a health, disability, or workers’ compensation insurer, that insurer will have a lien on your claim. A lien means that the lien holder gets paid before you do, out of any settlement or judgment you receive. A good lawyer will work with the lien holder to try to get the lien holder to reduce its lien. This is important work. Every dollar less that the lien holder takes is one more dollar that goes into your pocket. Learn more about health care provider liens on personal injury settlements.
Negotiating With Insurers/Defendants
Negotiation is a very specific skill (some might even call it an art). A personal injury lawyer is always going to be far better at settling a car accident case than a layperson would be. A good lawyer knows how much the case is worth and knows how to work the case and conduct the negotiations in order to arrive at the best outcome for the client.
When Can I Handle a Car Accident Claim Myself?
If you weren’t hurt all that badly, if you’re comfortable gathering necessary evidence and documents, and (most importantly) you’re ready and willing to engage in the settlement negotiation process, you can certainly handle your car accident claim yourself. But there’s really no substitute for a skilled legal professional’s help. Learn more about the advantage of legal representation in our personal injury reader survey results.
If you’ve been involved in a car accident and you’re ready to discuss your options, you can use the chat and case evaluation tools on this page, or get tips on finding the right lawyer for you and your case.
If you have been injured in a car accident caused by another’s actions, it is in your best interest to hire a car accident lawyer as soon as possible to help with your injury claim. An attorney will represent your interests throughout the process and will be dedicated to defending your rights. Our law firm handles these cases on a contingent fee, which means you do not have to pay anything unless and until the case settles. That means you will never receive a bill from us. We only get paid if you get paid.
Our seasoned car accident lawyers in Silver Spring have decades of experience recovering compensation for those who have been injured by another motorist. We are committed to fighting for our clients and helping them get the compensation they need to recover from their injuries and losses.
6 Ways an Attorney Can Help
Hiring a car accident lawyer can be extremely valuable to your injury claim. These are some of the many benefits to hiring a lawyer and how he or she can help with your claim.
1. Handle the Insurance Company for You
Insurance companies are in the business of making money. Their insurance adjusters are highly trained at negotiating insurance settlements and will do everything they can to minimize what they pay, even to the point of denying a valid claim.
If you do not have experience negotiating with insurance companies, it can be difficult to ensure your best interests are represented and that you receive the full value of your claim. Furthermore, an insurance adjuster may get you to inadvertently issue a statement or make a comment that could affect your ability to recover the compensation you deserve.
Having an attorney represent you before the insurance company can have a significant impact on your claim. Your attorney will:
Negotiate with the insurance adjuster
Handle all details of your claim for you
Help prepare a written or verbal statement that is carefully crafted to your benefit
Represent your best interests and fight to obtain the compensation you deserve
Our lawyers have decades of experience working with insurance companies and negotiating fair settlements for our clients. We are familiar with all of their tactics and know what it takes to prevent unfair settlement offers and help ensure you receive the compensation you need.
2. Prove Liability for Your Injuries
Often one of the most complicated parts of a car accident injury claim is proving that another’s negligence caused your injuries. This is an important part of every car accident claim, as individuals harmed by another’s actions have the right to compensation.
However, all parties involved will likely attempt to shift blame, making it difficult to prove exactly who is liable for your injuries.
An accomplished personal injury attorney will be able to sift through the evidence to determine exactly who caused your injuries and then build a strong argument on your behalf.
Having handled many complex personal injury and auto accident cases, our attorneys have the skills and resources to obtain the evidence needed to build a case on your behalf. This can include:
Consulting medical experts to validate the seriousness of your injuries
Reconstructing the accident scene
Obtaining the accident report
Gathering your medical records from all of your doctors
Interviewing witnesses
We are also experienced in defending our clients against claims of contributory negligence, which can prevent an injury victim from recovering compensation if he or she was even partially at fault for the accident. We are committed to defending your right to compensation.
3. Determine the True Value of Your Injuries
Another complicated part of many car accident claims is making sure you receive compensation that is representative of the true value of your claim and the damages you have suffered. Insurance companies are skilled at convincing injury victims to accept lowball settlement offers and will work to pay as little as possible for your claim.
However, attorneys who have handled countless auto accident claims know the true value of your claim and will not accept any settlement offer that does not cover the full extent of your losses. We will work to help make sure you receive compensation for all of your losses, including those you have lost in the past and may lose in the future. This can include:
Past and future medical bills
Lost wages and future lost income
Pain and suffering
4. Negotiate a Fair Settlement
Insurance adjusters spend their days negotiating insurance settlements. They are skilled negotiators who vigorously fight for their best interests. So too are auto accident lawyers. We regularly negotiate with insurance companies and other attorneys. However, the significant difference is that we are solely focused on the best interests of our clients.
Before entering into a negotiation with an insurance adjuster, contact a trusted car accident lawyer who has experience doing just that on a regular basis. Our attorneys are experienced in negotiating fair settlements for our clients that help them obtain the compensation they deserve. We will not settle for anything less.
5. File a Personal Injury Lawsuit if Necessary
A significant benefit to hiring a car accident lawyer to handle your claim is that we can advise you of all of your legal options. If the insurance company is unwilling to offer a reasonable settlement amount, we are prepared to file a personal injury lawsuit to help you get the compensation you deserve.
This step is often the action that pushes the insurance adjuster to offer a fair settlement, even before the case goes to court. However, we are always prepared to take a case to court if it is in the best interest of our clients.
6. Explain the Laws and Regulations that Apply to Your Claim
Insurance policies are nothing more than contracts that detail the responsibilities of each party. However, deciphering the details of these legal documents can be complicated. Our attorneys are trained in the law and can read through your policy to help ensure the insurance company is acting in good faith and upholding the requirements of the contract.
If not, we can explain the legal options available to you that can help you hold that company accountable and help you obtain the compensation you deserve.
Additionally, there are likely many laws and regulations that apply to your accident that only an attorney will be able to identify and potentially use to your advantage.
We will guide you through every step of the insurance claim and legal process, making sure you understand the many laws and rules that apply to your case.
When to Contact a Car Accident Attorney
Although it is always in your best interest to contact a lawyer after a car accident, there are some situations when it is highly recommended, including if:
You suffered injuries in the collision
Your injuries are permanent or long-lasting
Liability is contested
The insurance company refuses to pay
You have been asked to provide medical records or a statement
The insurance company has offered a low settlement that does not cover your full expenses related to the accident
Contact Our Silver Spring Car Accident Lawyers for Help Today
No matter the circumstances of your claim, you should contact a trusted car accident injury attorney as soon as possible following an auto accident. The lawyers at Goldberg Finnegan offer free, no-obligation consultations to discuss the details of your claim and to explain how we can help you.
Do not hesitate to contact us today to get started right away. We do not charge upfront fees and only require payment if we obtain compensation for you.
If a car accident was relatively minor, resulting in only property damage and minimal injuries, you may be able to handle the resulting insurance claim on your own. However, if you are suffering from catastrophic injuries after a serious accident, you may have a lot at stake in terms of medical bills, lost income, and other damages. The insurance company also may put more resources into contesting all or part of the claim. In these situations, or in situations in which liability is unclear, you may benefit greatly from hiring a car accident lawyer.
Attorneys who handle car accident cases and other personal injury cases usually work on a contingency fee basis. This means that they will take their fee from any eventual settlement or judgment that you receive, usually in a percentage around 30-33%. If they do not get money for you, you usually do not need to pay the attorney anything. There are certain other costs associated with filing a claim, however, and you will want to determine who will cover those costs when you retain an attorney.
How an Attorney Can Help
One of the main tasks that your attorney can handle for you is communicating with insurance companies and adverse parties in your case. This can help take the stress out of the process and make sure that an insurance adjuster does not take advantage of you. Negotiating a settlement in a car accident case is a complex and often hard-fought process, but an attorney may understand better than the victim how much the case is worth and how to get the insurer to pay out. Also, complexities can arise in some claims involving lien holders. These are other insurers that provided benefits to an accident victim before the auto insurer provides them, which gives these insurers a lien on the claim. An attorney can help you try to reduce the lien so that you retain as much of the settlement or judgment as possible.
Another key area in which an attorney can help is gathering evidence to support your claim. You will need to collect evidence regarding both liability (who caused the accident) and damages (your losses from the accident). An attorney can retain experts to investigate the accident, and they can discuss the events with police officers and witnesses. They can also help obtain evidence from medical providers to establish the scope and extent of your injuries. In some cases, an attorney might retain medical experts to explain the effect of your injuries.
Choosing a Car Accident Lawyer
When you are looking for an attorney, you should make sure to choose someone who relates well to you. They also should have experience handling cases similar to yours. Trial experience can be an important asset, since insurers may take a claim more seriously if they know that a victim’s attorney is willing to go to trial. You may also want to make sure that your attorney actually will be handling your case, rather than passing the work to paralegals or other assistants.
You can read more here about the process of finding and working with a personal injury lawyer.
Getting a Case Evaluation
In your initial meeting with the attorney or their assistant, you will describe the facts of the accident and your injuries. The attorney or assistant may ask about certain key issues before deciding whether to take the case, such as your insurance coverage and any previous communications with insurance adjusters and others about the accident. The attorney may ask you to bring certain documents to the meeting so that they can better understand your case. These may include medical bills, the police report of the accident, and correspondence with insurers, among other things. You should be aware that the attorney-client privilege will protect the contents of this conversation, so you should be as candid with the attorney as possible. This will help both sides determine the value of your case and whether it makes sense to move forward together.
So you’ve been involved in a car accident and think you may have a case. How do you find the right attorney to help you?
You already know this is an important decision. In fact, finding the right lawyer from a good shortlist of car accident attorneys may be one of the most important decisions of your entire car accident case.
We’re going to help you with that right now.
You should do careful research and select an attorney who has years of proven experience handling personal injury cases such as yours. We want to offer you some helpful tips to find that perfect attorney to get you compensated for your car accident injuries.
Top reasons why you need a personal injury attorney after your auto accident
When should you hire a personal injury attorney after a car crash, and why? What does a lawyer do for you? Do you need a lawyer for a minor car accident? We asked attorneys from all over the country these questions and here’s what they said.
Research shows that car accident victims, particularly those with perceived “minor” injuries, are reluctant to hire a personal injury attorney for a number of reasons. Perhaps they don’t think they need one, they are intimidated by the prospect of talking to a lawyer, or they don’t want to get dragged into court like they see on TV shows. Or maybe they mistakenly believe that they could never afford to hire an attorney or that their injuries aren’t that serious.
Whatever the reason, the reality is that not hiring an attorney after a car accident can have long-term negative consequences on your final settlement or award.
While it’s hard to quantify exactly how much it helps to hire an attorney since there isn’t recent data looking into this issue and cases vary widely, one commonly cited study by the Insurance Research Council from 2004 found that 85 percent of cases where the insurance company settled a car accident claim were handled by a hired attorney.In addition, auto accident injury victims who are represented by an attorney are awarded 3.5 times more compensation in settlements than those accident victims who represent themselves, according to the same study.
In this article, Enjuris developed a comprehensive list of tips and advice from reputable attorneys around the country about the benefits of hiring an attorney following a crash. Our goal is to help accident victims understand the settlement difference that having a great attorney on their side can make by providing answers to related questions like:
What are the top reasons why people should hire an attorney?
What advantages do personal injury attorneys offer in car accident cases?
When should you hire a personal injury attorney after a car crash?
Do you need a lawyer for a minor car accident?
Below you’ll find answers to these questions and more from experienced car accident attorneys based in cities all across the country, from Miami to New York to Houston to Denver.
Before you look up car accident attorneys, know what you’re looking for
Before you even start doing searches it will pay off to have a good idea of the qualities and terms you are looking for in a car accident attorney. This may differ a little according to your case, your personality, your area of the country, even.
These questions will give you a framework for a list you can check off:
Evaluate the complete team of staff, not just the partners or people who make up the public face of the law firm. Keep in mind as you research and interact with the firm that it may not be the same person you speak with initially who will be your primary contact.
Firm age, size, experience. Awards and leadership roles in organizations can also be good indicators.
Good judicial connections: Find out if they participate in the local bar association and contribute to campaigns.
Comfort with going to trial: Find out how many of their cases go to trial and the success rate of those that do. Some lawyers will have this information posted on their websites.
Have they tried or settled similar cases in your city or county? Do they have an office near you?
Look for experience with your type of case specifically.
Negotiation ability: What sort of settlements they have obtained (remember, 95% of personal injury cases are settled without trial). Again, some car accident attorneys will have this information posted on their websites.
Your personal comfort with the lawyer. This can be a big one.
Past problems: Has the attorney ever been censured or disciplined by any legal or ethics committees in the past? You will want to look this up before contacting them, so you don’t waste your time.
Past client reviews: Be alert to what others say about them, especially on independent review sites.
Yes, you should hire a lawyer, even after a minor car accident. Here’s the thing… That question actually has nothing to do with the car accident and more to do with your injuries. If you were injured, then you need to speak to a car accident lawyer as soon as possible.
You’re sitting at the red light after a long day. You reach down to change the radio station when…BAM! You have been hit by another driver who wasn’t paying attention. You both step out of your cars to assess the damage. You both feel fine and your cars have very minor damage. It’s been a very long day so you decide not to call the police to file a report or exchange any information between the two of you. Hey, do you really need to hire a lawyer after a minor car accident?
Do you really need to make a big fuss about all this? Maybe we can just forget the whole thing and go on about our day. After all, you want to get home, the last thing you need is to wait on the side of the road, inconvenience all these other drivers, and site here frustrated and emotional… so you leave.
That was your first mistake and the biggest mistake you could have made.
In most states, failing to file a police report after a car accident, even if it’s just a fender bender, is illegal. It becomes a citable offense when you get in your car and drive away. It doesn’t matter if you don’t think you were injured or if the vehicles didn’t sustain damage. An accident is still an accident, even if it’s only a minor car accident.
Also, once you leave the scene of a car accident, it becomes so much more difficult to get the facts straight. Even a minor car accident becomes murky. So whether or not you want to hire a lawyer after a minor car accident, consider this your moment right here. You should think about calling the police before leaving the scene.
Aside from the legalities of the issue, you may have just ruined any potential claim you may have against the other driver. Even if there is no damage to your car. Here’s the problem:
Hidden Injuries
Studies have shown that there are several injuries a person can sustain in minor car accidents that don’t show up for days after the incident. You get hit from behind, you’re barely jolted and you feel fine. You have no obvious injury and you would know if you were hurt — wouldn’t you?
Not always. People often think of “injuries” as broken bones, lacerations, and even head trauma. Our minds turn to severe, life-altering conditions. We don’t often consider stained tendons, stretched ligaments, or contusions, but we should.
If your body went forward, your neck snapped back or you moved forward in a sudden manner, you may wake up with severe back pain tomorrow or the next day. The adrenaline following an accident can mask an injury. Most Fort Lauderdale personal injury lawyers will tell you to see a doctor as soon as possible to ensure you are not suffering from hidden injuries.
If you drive away from the scene and fail to make a report with either the police or your insurance (or both), you will have a difficult time taking your personal injury to court, even if you have a medical professional on your side.
The “Other” Guy
What if you exchanged information with the other driver, shake hands and go about your business without reporting the minor car accident to the police?
Several weeks later, you are summonsed to court because the “other” guy has filed their own claim against you. You know they were at fault and you know that the injuries they are claiming and the property damage they say you caused are exaggerated if not downright false. Remember when you chose to drive away without a report? You’ve now stepped solidly into a “you say, they say” type of situation.
In truth, most of these types of suits won’t get very far. After all, the other guy left the scene, too. But do you really want to deal with the hassle and time it’s going to take to answer the summons, potentially appear for hearings, and argue on your behalf when you know you were in the right? Chances are you have better things to do!
And here’s another great tip for you, “Do not admit fault or reveal policy limits”. That’s a direct quote from the Geico insurance website. Be careful about what you do and say!
What to Do After A Minor Car Accident
Maybe you and the other party didn’t drive away from the minor car accident. Perhaps there was some minor damage to one or both of your vehicles that made you second guess yourself, so you decide to file a police report. You file with your insurance companies and the other party is found to be at fault. Their insurance company offers you a settlement and you take it. It seems the easiest thing to do and will enable you to get your car fixed more quickly.
But wait a minute. The settlement wasn’t enough to fix your car and you think you have an injury, possibly whiplash!
An insurance company is a business and they are out for their bottom line, not your best interests. If you accept an insurance settlement, the paperwork will likely say that you are giving up your right to any future legal action. It’s not unusual for people to believe that an insurance company offers what’s fair — and it’s not unusual for that to be far from the truth.
Even in minor car accidents, you should have a personal injury attorney look at your case before agreeing to any settlement! They can help you get the most compensation possible for your case. That way you will not have to come out of pocket for your car and medical bills.
Leaving the Scene of An Accident Without Reporting It To the Police: Just as we mentioned in the notes above, leaving the scene of a minor car accident without reporting it to the police is a major mistake. The Police report will be used in a minor car accident lawsuit to help the judge award the plaintiff the appropriate damages.
Failing To Gather Evidence At the Scene: Take as many pictures as you can, collect as many phone numbers as you can, and ask for as many accounts as you can from people nearby and let your car accident attorney sort through what is valuable and what is not. Simple collect as much evidence as possible while you still can at the scene of the accident.
Admitting Fault: Never admit fault, even if you believe you are at fault for the minor car accident. The fact is, you cannot possibly know who is at fault from your vantage point and you are merely attempting to understand what may have happened to form your perspective. Never admit fault. Instead, let your attorney and the police figure out who may be at fault and how much comparative fault is at play.
Not Seeing a Doctor: You should see a medical professional as soon as you feel as if you have sustained injuries from your accident. If you do not, and you develop any injuries from the minor car accident, it may become difficult to attribute them to the accident and not to some other wear and tear and you may find it even more difficult to be compensated.
Not Taking Advantage of PIP: Remember that Florida requires that you have Personal Injury Protection and that is used to make sure that you are protected in the event of a car accident. Do not feel any obligation to avoid not claiming from this insurance policy if you have been involved in a minor car crash.
Failing to Understand Insurance Companies: Remember that insurance companies are first and foremost a business and they exist to make money and that means they want to collect and hold as much money as possible while paying out as little as possible (in theory). So when you make claims, they will try to settle for less if they can.
Not Reviewing the Police Report: You must review the police report to make sure that the facts contained on the police report are correct and that you agree with them and if you do not agree, do your best to make your voice heard right then and there and get any and all changes made as soon as possible and before signing.
Taking the First Settlement Check Offered: Just like most negotiations, the first check and the first offer will be the lowest that the insurance company thinks they can offer to satisfy you while also ensuring they are not overpaying in their estimation and saving as much money on the car accident settlement as possible.
Trying to Settle Your Own Case: Though you may think that a minor car accident may not warrant a car accident lawyer, we can confidently say that clients who hire experienced attorneys earn a settlements check that is on average 3X larger than those who do not hire an auto accident attorney.
Not Hiring a Car Accident Lawyer: For all the reasons stated above and more, we believe it’s in your best interests to hire a car accident lawyer as soon as possible.
When you are involved in a vehicular accident, it is essential to know your rights so you can best protect your own interests. Often times, a car accident can be a traumatizing experience, leading its victims to act upon emotion. However, it is advised for all parties to remain calm and follow standard post car accident procedures, including exchanging identification, insurance information and license numbers. Being in a vehicular accident may present many overwhelming issues, including property damage and health complications. If you understand your legal rights prior to being involved in an accident, then you have a better chance of handling the situation as a lawyer would advise you to.
Never Apologize
Even though it may be unfair at times, the person who caused the accident isn’t always the person who is legally at fault. Without legal counsel onsite, you should be very careful with your words. Keep your interaction to a minimum. Additionally, apologizing after a car accident may seem polite or kind. However, it will only put you at further risk. By saying that you are “sorry” no matter the context, the other driver could use your apology as an admission of guilt and fault. Even when communicating with your insurance company afterwards, you should never mention that you apologized at any moment when recounting your accident details.
Understanding Fault in A Car Accident
Whoever is found at fault will affect whose insurance will have to pay for vehicle and property damage. The party at fault will also be responsible for personal injuries. For example, in most states, if a driver violates a traffic law, then the driver is mostly responsible for a resulting vehicular accident. However, determining fault isn’t always very obvious. Many states have complex systems used for determining fault. For example, sometimes, both drivers will be held liable as both failed to avoid the accident, hence requiring each driver as well as an insurance provider to accept responsibility and monetary penalties.
Gathering Evidence at the Scene
It is your legal right to build your case by collecting evidence. After a car accident, the last thing on your mind might be to gather evidence at the scene. However, it is essential to your case that you record any comments made by the other drivers and take pictures of both cars as well as the general area that impacted the accident. In addition to contact, license and insurance information, you should also record into your smartphone details of the accident, including the location, description of the road, etc. You should take pictures of the accident scene close up as well as from a distance. Do not forget to capture snapshots of the scene, including traffic signs, crosswalks, etc. All of these details may be needed later on. Moreover, if there were any witnesses, you should retrieve their contact information and record what they saw with your smartphone. You could always wait until a later day to contact the witnesses for their accounts of the accident, but their memory might not be as sharp as time passes. If you are able to record the whole post-accident scene, then that may be also very helpful to your case in the future.
Filing a Police Report
You are entitled to a police report after an accident. If you call the police, they will show up on the scene, interview both drivers and document what they see along with witness statements, etc. Before the police leave, be sure to ask them for their names so you can obtain copies of their reports without much hassle. In the event that you are not comfortable with speaking with a police officer because you are too shaken up from the accident, you can go to the station the following day and file a report. However, the officer will record your initial refusal, which might be used against you in court.
Statute of Limitations
If you live in South Carolina, you should be aware there is a state law that restricts the amount of time that you are allowed to bring a lawsuit to court. Even though the statute of limitations in South Carolina does not affect car insurance claims, insurance companies require claims to be made within a reasonable time after the accident, not exceeding a few weeks. However, this state does have a statute of limitations for a case that could result from a vehicular accident, including car damage, personal injury or wrongful death claims. The law allows you three years to approach the state courts for civil action, starting from the day of the accident. However, in this state, if there was a death as a result of the accident, then the clock starts on the date of the victim’s death. It’s imperative to be mindful of the time because your case could get thrown out of court if you file after the time limit. Unfortunately, car accident lawyers often see this happen to their clients. Ensure that this does not happen to you by prioritizing your claim and seeking legal representation within an appropriate amount of time.
The Right to an Attorney
If you believe that your case will be handled and resolved peacefully through the car insurance claim process, then you will want to file your lawsuit once you have leverage from the insurance company to use during settlement talks. However, this does not mean that you should not speak to an attorney prior to filing a lawsuit. After your accident, contact a local lawyer for a free consultation and review your rights if you have any questions about your timeline for filing a suit or other possible case complications. Once you are ready, you can hire an experienced car accident attorney who can help you throughout the process.
Finding yourself in a car accident is an unfortunate situation, but you can stop your situation from getting worse by hiring the right lawyer to be by your side. If you or someone you know has been injured from a car accident, suffered property damage, lost wages due to the accident, etc., then you should contact a local attorney who specializes in personal injury law who can help. Most lawyers offer a free consultation and only charge you if you win your case. Beforehand, they will discuss what percentage of the settlement would cover their fee. Without the right representation, your chances of obtaining justice may be slim; therefore, it is important to choose your attorney wisely as well as taking the right steps after your car accident.
Yes, you should 
