What Does A Car Accident Lawyer Do?
If you’ve been injured in a car crash, then chances are that you’re considering the possibility of a lawsuit. Among other questions, you may have wondered: “what does a car accident lawyer do in terms of legal representation?”
For a free case evaluation and discussion with a qualified local auto accident attorney, contact us at 1-800-THE-LAW2. We’ll connect you to a lawyer in our network who can discuss your car accident case with you and help you understand what to do next.
That being said, if you’d like to first learn the answer to “what does a car accident lawyer do” and other basic litigation questions, keep reading! We’ll explore some of the fundamentals of car accident cases for clarity.
Should I get a lawyer after a car accident?
Absolutely. Though the law does not technically impose a requirement that you hire a car accident attorney to represent you in a motor vehicle accident dispute, it is highly encouraged that you do so.
In fact, courts formally encourage plaintiffs and defendants to seek legal representation, as it is not only better for the individual’s outcomes, but it also ensures that one’s rights are executed properly and in accordance with the rules, and it minimizes the resources spent by the court on handling inefficient litigation. Auto accident attorneys specialize in navigating complex legal and insurance issues, advocating for their clients’ rights, and seeking fair compensation for serious injuries and damages suffered in car accidents.
An experienced car accident attorney can effectively communicate and negotiate with the insurance adjuster to ensure you receive fair compensation.
Generally speaking, the data shows that having an attorney leads to more favorable case outcomes, in both car accidents and other personal injury disputes. Going at it alone is a poor decision, given that you do not have the training or experience that a skilled local personal injury lawyer would bring. It’s worth noting, too, that most car accident lawyers work on a contingency fee basis, so you wouldn’t even be paying anything out-of-pocket or upfront to hire them!
What a car accident lawyer actually does over the course of litigation
Car accident attorneys have a range of duties and tasks over the course of litigation. In complex motor vehicle accident cases, their expertise is crucial to navigating the legal intricacies and managing insurance claims. These include, but are not limited to:
- Identifying, gathering, and preserving relevant evidence
- Helping you secure comprehensive medical treatment for your car accident injuries
- Working with experts and eyewitnesses to develop supportive testimony
- Communicating with the defense (and various third parties, such as insurance companies) on the client’s behalf
- Building a persuasive legal argument and damages total (accounting for lost wages, medical bills, pain and suffering, etc.)
- Submitting a legal demand
- Filing the relevant personal injury claims for the personal injury lawsuit
- Negotiating a potential settlement compromise
- Navigating court hearings and other processes (i.e., discovery) in a timely manner
- Pushing ahead to trial litigation, if necessary
- Securing the payout after a win
- Investigating the accident scene to gather evidence and establish liability
- And more
That’s a lot of responsibility! But it shouldn’t surprise you — see, in most car accident cases, attorneys are not just courtroom advocates. They handle a wide range of matters from the beginning-to-end of the litigation process.
Negotiating a settlement and how the “soft skills” of an attorney can help
Most car accident claims are concluded through a negotiated settlement — most of them never go to trial. In fact, industry observers estimate that as much as 95 percent of personal injury cases are resolved through settlement.
Your attorney can help you evaluate any settlement offer to ensure it adequately compensates you for your injuries and losses.
Why? Well, trial litigation tends to be:
- Resource-intensive
- Uncertain
- Public
- Distracting
- And more
By understanding that some parties, including the insurance company, want to avoid these issues, your attorney can apply pressure to better anchor your arguments and potentially secure a more favorable settlement outcome.
For example, if the defendant is a local trucking company that wants to maintain a reputation for excellent, safe drivers, then it would hurt their brand for you to sue them for an injury caused by one of their intoxicated truck drivers. To avoid the potential brand damage and negative publicity, they may be willing to negotiate an early and favorable settlement. Additionally, the insurance company involved may also prefer to settle to minimize their payout and avoid the costs associated with a trial. Your attorney should be able to take advantage of these opportunities when they present themselves.
Disputes are not necessarily straightforward
Many people don’t realize that a car accident case can be complicated by many issues over the course of litigation. Many people don’t realize that a motor vehicle accident case can be complicated by many issues over the course of litigation. For example, you might discover that the City could be held responsible for failing to properly maintain the roadway (and that this contributed to the accident). In addition to personal injuries, property damage claims can also complicate the litigation process. This simple discovery could lead to a substantially different case strategy that has knock-on effects for your entire dispute.
Understanding — and being able to take advantage of the fact — that litigation is dynamic is crucial to success. That’s where an experienced car accident attorney comes in. They’ll have the know-how necessary to navigate these challenges effectively and to react and update the case strategy in accordance with changes over the course of litigation.
How long after a car accident can you sue?
The deadline period for bringing a car accident lawsuit is known as the statute of limitations, and it varies from state-to-state (and different categories of claims also have differing statutes of limitation). The deadline period for bringing a motor vehicle accident lawsuit is known as the statute of limitations, and it varies from state-to-state. In California, for example, a “standard” negligence-based injury claim (such as a car crash dispute) would be subject to a two-year statute of limitations deadline that begins from the date of injury. Filing a personal injury claim within the statute of limitations is crucial to securing compensation. Building a strong car accident claim within this period is crucial to ensure you have the necessary evidence and documentation.
So, what happens if you wait too long?
Regardless of the state jurisdiction, delaying on filing your claims will result in courts automatically dismissing the claims as having been abandoned or relinquished. This can prevent you from securing any compensation whatsoever. Given the severe consequences of a delay, it’s extremely important that you pursue your claims in a timely manner.
Note: personal injury lawyers have a legal duty to manage your claims in a timely manner, which includes filing them before the applicable statute of limitations deadline period is finished. When you work with an attorney, you can rest easy that your claims will be handled in a timely manner, giving you an opportunity to focus on recovery.
That being said, it’s worth pointing out that — even if you delay too long — there may be certain exceptions that could extend your deadline, giving you a “live claim.” For example, if your injury is nonobvious and asymptomatic, then your deadline will not begin to count down until you have reasonably discovered the existence of the injury. So don’t assume that your delay is a violation of the statute of limitations — before you give up, talk to a qualified personal injury attorney first.
How much do car accident lawyers charge?
Most car accident lawyers (on the plaintiffs’ side) operate on a contingency fee basis, so they don’t cost anything upfront or out-of-pocket. Instead, they agree to provide legal representation in exchange for a percentage cut of whatever compensation they’re able to secure on your behalf. This percentage can range from 25 percent at the low end to 40 percent or more at the high end.
Contingency fee arrangements are excellent for lowering the barrier-to-entry for litigating injury claims. That’s because you don’t have to pay anything until and unless you win. If you “lose” and don’t get compensated, then you won’t have any out-of-pocket costs. That makes it much less risky for the average person to pursue their claims under the law.
As an added benefit, contingency fee dynamics incentivize car accident lawyers to work efficiently and effectively to maximize compensation. After all, the more you get paid, the more they get paid — so they’re strongly incentivized to not just get a “win” for you but to maximize the payout as much as possible. This includes securing compensation for medical expenses, property damage, and lost wages, ensuring that all financial impacts of the accident are covered.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in a car accident due to another’s fault, then you could be entitled to sue the defendant for damages. Navigating a car accident lawsuit isn’t always simple and easy, however, and you’re likely to encounter many unique challenges as you move forward. That’s why it’s so important for car accident victims to connect to an experienced car accident lawyer who can help them take advantage of opportunities as they present themselves over the course of car collision litigation.
Contact 1-800-THE-LAW2 for a free consultation with a qualified local car accident attorney in our network. During this initial consultation, you’ll be able to discuss the details of your case and learn more about your strategic options. If you decide against continuing with litigation, that’s okay — there’s no obligation for you to continue with our network attorney. So pick up the phone and call us today to get started with a free case evaluation.
We look forward to assisting you.
