All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.
What does a car accident lawyer do?
After a collision upends your life, a car accident lawyer can help you pursue compensation for your losses, so you can walk away with more money in your pocket, where it belongs.
Car accidents are traumatic. Physical, mental, and emotional turmoil often unravel as the result of collisions, big or small. On top of all this, logistical and financial burdens are suddenly weighing heavily on your shoulders, with insurance companies calling, medical bills to attend to, and trauma to manage.
In the aftermath of an accident, these stressors are the last thing that should be on your mind. The number one priority is your recovery. A car accident lawyer can help alleviate all these stressors by gathering information on your behalf, giving you practical legal advice, negotiating with insurance companies and the other party, and, most importantly, pursuing compensation on your behalf so you can begin healing.
It’s essential to see a licensed medical provider after a car accident to prevent possible injury complications that may arise. Afterward, finding a car accident attorney can help immensely with the day-to-day logistics that are necessary after being involved in a car crash to help ease the legal burden.
After a car accident, the process that attorneys usually follow includes:
- Investigating the crash and gathering evidence such as police reports, medical records, and witness testimonies
- Working to establish the liability incurred and the value of the total damages
- Communicating with both insurance companies and handling all potential negotiations
- Sending the at-fault party’s insurance company a demand letter with meticulous details regarding your liability and losses
- Negotiating with the at-fault party’s insurance company to reach a settlement
- If an acceptable settlement can’t be reached, filing a personal injury lawsuit on your behalf
Try to find and hire a car accident attorney as soon as possible after your accident. The earlier you are represented by an attorney, the better, because the attorney’s best interest is your best interest. Your attorney will defend your rights from dubious insurance companies that only care about the bottom line. They’ll also be involved with your financial recovery from beginning to end, which is beneficial in helping you receive the maximum compensation possible.
Do I need a car accident lawyer?
According to the National Highway Traffic Safety Administration (NHTSA), 3,308 people were killed in 2022, and 289,310 people were injured in crashes involving distracted drivers. Despite state and federally enforced safety measures, including distracted driving laws, fatalities and injuries are still very common on the road.
But how can you prove if the driver who hit you was distracted? What if the fault was unclear? Or worse, what if their insurance company is stonewalling you or the claim is more complex than expected? Car accident lawyers are valuable in any of the above circumstances and nearly every other injury case situation.
If you’ve sustained severe injuries from a car accident, contacting a car accident lawyer to represent you is vital in order to try and receive the maximum amount of compensation that you’ll need to pay medical bills, lost wages, fill prescriptions, and more. You’re hurting, in pain, and need representation to fight on your behalf. Emergency responders can treat visible injuries on the crash scene, but internal injuries are unseen and could potentially be overlooked. Prompt medical attention or delaying care could be the difference between returning to your everyday life or long-term medical issues.
The force of impact in any motor vehicle collision can cause severe injury or permanent disability. Although some injuries can eventually heal, traumatic brain injuries (TBIs), spinal cord injuries and other forms of injury may result in long-term cognitive and physical impairment. Even something less severe, like a broken arm, could cause you pain and problems in the long-term.
While you focus on healing, we focus on winning for you. As you attend to your medical needs, like doctor visits, specialist visits, X-rays, CT scans, MRIs, or physical therapy, our car accident attorneys will handle all the insurance logistics and legal necessities to present a strong case on your behalf. .
In 2019, the National Safety Council found that multiple-vehicle collisions resulted in the highest number of deaths. In cases of unclear fault or complex insurance claims, a car accident lawyer is also highly recommended to support you and aid in winning your case. Some cases are more difficult to investigate than others, like cases involving public transportation, commercial vehicles, rideshare companies, and other circumstances where there may be more than one liable party.
Our car accident attorneys use evidence at our disposal, such as witness testimonies and police reports, to demonstrate the moments that led up to the accident and the sequence of events that preceded it. We’ll even use accident reconstruction experts when needed. With this demonstration, our car accident lawyers help bring the details of the accident to life for the insurance companies, making it easier to determine fault.
In any of these circumstances, a car accident lawyer can help ensure that the relevant procedures are followed when dealing with unclear fault or complex insurance claims.
How can a car accident lawyer help?
A car accident lawyer can help by proving negligence in your case. Negligence is careless or reckless conduct that causes harm. During a car accident, a person is negligent if they do something that violates the rules of the road while driving.
Some instances of negligence include:
- Speeding
- Ignoring traffic signs and signals
- Driving under the influence of alcohol and/or substances
- Distracted driving (like texting, answering a phone call without a hands-free device, using the car’s GPS, or eating)
- Driving while sleepy or tired
- Driving a vehicle with defective parts
- Tailgating
Proving another driver’s negligence after a car accident is often challenging, especially in complex accidents. However, an experienced car accident lawyer will thoroughly investigate your crash to determine fault, liability, and negligence.
According to the U.S. Department of Justice, over 400,000 personal injury claims are filed yearly in the U.S. Still, only 4% or 16,397 of these claims go to trial. Motor vehicle accidents are the most common cause of personal injuries, representing 52% of the total cases.
Proving negligence is a big part of what a car accident lawyer does for you. A car accident lawyer can prove negligence in many ways, such as obtaining police reports, speaking with the police officer who was on site and witnesses who saw the accident, researching causation and skid marks, reviewing cameras that may have been in the area, obtaining photo evidence, and analyzing property damage.
What to ask a car accident lawyer?
For many, the first experience a person has with a lawyer is usually after a car accident has occurred, and then legal representation becomes necessary. There may be many firsts in this situation for a potential injured party: first experiencing a car accident and/or first contacting and speaking to a lawyer. Asking questions and ensuring a lawyer provides complete and clear answers is crucial before moving forward with legal representation.
The questions below are essential in setting clear expectations and vetting each car accident lawyer you may be considering. Hiring a lawyer is building a relationship and determining if that person fits your needs well. Mutual understanding and transparent communication between both parties is pivotal in achieving the best result.
Asking these questions can also help you better understand legal terminology and due process in car accident cases:
- How are negligence, fault, and liability determined in a car crash?
- What kind of losses or damages can I be compensated for?
- How long will my case take?
- Will you help me file all the paperwork?
- What deadlines do I need to meet?
- Should I speak with the insurance companies on my own?
- Should I expect any contact from the other party or their insurance company?
- How much is my case worth?
- If a settlement is reached, how long does it take until I receive the money?
- What is your experience with car accident cases?
- How often will you communicate with me about my case?
- How long will your response take if I reach out with questions or concerns?
- Can you explain your contingency fee contract?
Most importantly, lawyers should ease stress and comfort you with their expertise and conduct. Open and honest communication is paramount to winning your case. If you speak to a lawyer and realize that you’re afraid to be honest with them or leave the conversation with more stress and concerns than you started, they may not be the lawyer for you.
Most importantly, do not hire a firm if you are not given the opportunity to speak directly with a lawyer. Legal specialists, assistants and paralegals are integral to the process of winning your case, but they cannot offer you legal advice. Only a lawyer can. Other firms will often have their lawyers hide behind their hardworking staff. Make sure you have spoken directly to the lawyer who will be handling your case before signing any contracts, and if something feels off, call Montlick for a second opinion.
When can I handle a car accident claim myself?
If you’ve had a minor car accident, you may feel compelled to represent yourself instead of hiring a lawyer, but having a lawyer to support you is still in your best interest. Above all else, a lawyer acts as a safeguard to protect you against any fraudulent or ridiculous legal claims that the other party may attempt to put on you to avoid responsibility, shift blame, or evade financial obligations. In addition, a lawyer can add immense monetary value to your settlement amount.
Though you can deal with insurance companies directly, it’s important to remember that the insurance company will have a team of investigators, experts, and attorneys at their disposal whose goals are to find a justification for denying an injury victim’s claim or to pay the absolute minimum. Damaging statements and mistakes are common for people who aren’t as familiar with insurance tactics as our lawyers. These missteps can undermine your personal injury claim when you attempt to negotiate with insurance company adjusters without legal representation..
How much does a lawyer get from a car accident settlement?
Most Georgia personal injury attorneys follow a contingency fee pricing structure, which means that victims can get legal representation with no upfront cost. If an attorney believes you have a case, they’ll take you on without requiring payment.
The contingency fee, explained
A contingency fee basis is the amount of money a lawyer receives if they win compensation for their client. There is no upfront cost for the victim and no payments at all until the case is won.
This agreement is beneficial for both parties for a few reasons:
- The injury victim does not have to pay anything upfront, which alleviates them of any additional financial burden on top of an already stressful situation
- It guarantees that the lawyer prioritizes the victim’s interests and needs. There is a heightened incentive to work even harder since the lawyer knows they will only get paid if they win the case.
- The lawyer will advocate for the highest possible compensation since their payment is also a direct result of the settlement award.
It’s essential to talk with your lawyer about the exact conditions for their contingency fee structure since they may vary from lawyer to lawyer. But, according to the American Bar Association, if you end up going into court, you may still have to pay court filing fees, the costs related to gathering evidence, and similar charges, win or lose. Though unlikely, it’s important to discuss that in case your case goes to court.
Your lawyer should be forthcoming and direct about how their fee structure works, and should also give you a breakdown of where each penny of a proposed settlement will go before you agree to it.
For personal injury cases, the contingency fee payment structure is the most beneficial for both parties, alleviating stress, burden, and expectations from the start.
Contact Montlick today for a free consultation
If you’re a car wreck victim, the best time to contact Montlick is now. Our skilled car accident attorneys will fight for you to ensure you receive the highest compensation possible. To minimize your frustration and forge a path forward, you need a law firm that cares and can add real financial value to your case. You need Montlick.
Montlick has a team of agile and aggressive auto accident lawyers. Our firm has been dealing with insurance companies and protecting the legal rights of accident victims in all types of motor vehicle collision lawsuits for decades. We understand the strategies and tactics employed by insurance carriers to deny legitimate claims and to prevent victims from obtaining a full recovery.. Don’t let one car accident damage your financial future. Call Montlick today.
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At Montlick, we believe comprehensive legal representation is a right, not a privilege. That’s why we provide our services on a contingency fee basis. You only pay when we win.