Should I Get a Lawyer for a Car Accident That Wasn’t My Fault

2. Accurate Case Evaluation

Lawyers are highly skilled at providing realistic assessments of a claim’s value and its likelihood of success. Through thorough examination of medical records and financial losses experienced because of accidents, they can estimate the fair compensation you may entitled to receive.

Furthermore, an attorney’s experience from similar cases to yours gives insight into how injury severity impacts daily life and how it will influence settlement amounts or jury verdicts for your case. By evaluating merits and potential challenges upfront, lawyers help set appropriate expectations guiding decision-making processes.

3. Establishing Negligence

One of the toughest elements to prove yourself is that the party at fault for the accident was negligent, but the lawyer will do all of this for you.

Proving negligence in a car accident claim typically involves establishing the following elements:

1. Duty of Care: Showing that the at-fault party owed a duty of care to the injured party. In the context of driving, all motorists owe a duty of care to others on the road, including pedestrians and other drivers.
2. Breach of Duty: This involves showing that the responsible party failed to act with the level of care that a reasonable person would exercise in similar circumstances. Common examples include speeding, running a red light, or driving under the influence.
3. Causation: The injured party must show that the negligent actions directly caused the accident and resulting harm.
4. Proximate Cause: Proximate cause involves demonstrating that the injuries or damages were a foreseeable consequence of the at-fault party’s actions. This element helps establish the connection between the breach of duty and the harm suffered.
5. Damages: To pursue a negligence claim, the injured party must have suffered actual damages, such as physical injuries, property damage, medical expenses, lost wages, or pain and suffering. Damages serve as the basis for compensation in a negligence claim.

4. Negotiation

Negotiating with insurance companies is where attorneys truly prove their worth. They bring seasoned negotiation skills, honed by years of representing clients in similar situations.

Something that insurance companies commonly do is employ tactics aimed at reducing payout amounts. Having an advocate who knows how to counter these approaches can make a significant difference in the final amount received.

Moreover, should negotiations fail to reach a satisfactory agreement or they deny your claim, presence in the courtroom becomes necessary. Here again, the benefit of expert representation is evident. A capable attorney confidently presents evidence to argue in favor before the judge and peers, ensuring rights are fully protected throughout the trial phase.

Additional reading: what happens when you reject an insurance settlement offer

5. Gathering Evidence

Being able to gain key pieces of evidence is paramount following a car accident, yet doing this following an accident can be really tough, especially if you’re trying to recover from serious injuries.

When an attorney is handling a car accident case on your behalf, especially when it wasn’t your fault, they will gather various types of evidence to build a strong case:

• Accident Reports: Obtain and review the official police report detailing the circumstances of the accident. This report often includes information about the parties involved, witness statements, and the officer’s assessment of the scene.
• Photographs and Videos: Collect any available photographs or videos of the accident scene, vehicle damage, road conditions, and traffic signals. Visual evidence can help recreate the events leading to the accident.
• Witness Statements: Witness testimony can provide additional perspectives and support your version of events.
• Medical Records: This includes documentation of hospital visits, diagnostic tests, treatments, and prognosis. Medical records are crucial for establishing the extent of your injuries and linking them to the accident.
• Expert Opinions: Consult with accident reconstruction experts, medical professionals, or other relevant experts who can provide opinions on liability, causation, and the impact of the accident on your life.
• Vehicle Repair Estimates: To help quantify the property damage caused by the accident.
• Surveillance Footage: If the accident occurred in an area with surveillance cameras, they will attempt to obtain footage that captures the incident.
• Cell Phone Records: In cases involving distracted driving, your attorney may seek cell phone records to determine if the at-fault party was using their phone at the time of the accident.
• Driving History of the At-Fault Party: To identify any previous violations or patterns of negligent behavior.

To obtain this evidence, your attorney may use various legal avenues, such as:

• Subpoenas: Issuing legal requests for documents, records, or testimony.
• Depositions: Conducting sworn statements under oath from involved parties, witnesses, or experts.
• Discovery: Exchanging information and evidence with the opposing party during the legal discovery process.
• Collaboration with Experts: Consulting with accident reconstruction specialists, medical professionals, and other experts as needed.

6. Maximizing Compensation

A lawyer can help play a pivotal role in ensuring that all damages resulting from a car accident case are fully accounted for and maximized. They meticulously compile evidence of medical expenses, document lost wages due to time off work, and assess the intangible yet profound impact of pain and suffering on your life.

By considering both current losses and potential future consequences of injuries, car accident attorneys advocate for comprehensive compensation packages that cover every aspect of harm endured for all types of potential damages:

• Economic
• Non-economic
• Punitive

 Their expertise allows them to identify often overlooked details that could significantly increase the claim’s value, ensuring clients receive the maximum possible settlement or court award.

Additional reading: average car accident settlement in California

7. Meeting Legal Deadlines

Adhering to California’s legal deadlines is crucial in personal injury cases; lawyers ensure the timely filing of all necessary documents and car accident claims.

The car statute limitations in California—typically two years from the date accident—for instance, is a critical deadline. Missing it may result in losing the right to pursue compensation altogether. 

8. Handling Denied Claims

When insurance claims are unfairly denied or underpaid, attorneys are adept at appealing and fighting to secure fair resolution. Armed with a strong understanding of the law and persuasive negotiation skills, they challenge the insurer’s decision by presenting compelling evidence to support the client’s position.

If the initial appeal is unsuccessful, prepare to take further steps, including arbitration litigation if needed. Their determination and resilience often lead to overturning denials, achieving settlements that truly reflect damages suffered. 

9. Diverting Blame

We often see car insurance companies denying a claim and instead blaming victims for the accident. This especially occurs when you get a call from them asking your version of the events and if you feel you could have done anything differently.

You have to be really careful when communicating since the insurance company may try to twist your own words against you, even if you’re trying to be positive with regard to the incident and the severity of your injuries.

To get expert legal advice in the Los Angeles area, contact a San Bernardino car accident lawyer today for a free consultation