Being involved in a car accident can be a physically and mentally draining experience. Seeking justice and compensation is often a step that follows such accidents.
DUI, speeding, and failing to yield the right of way are some of the common causes of motor vehicle crashes in the US. The process of seeking the justice you deserve is can be a tedious process. Some minor cases with minimal injury and no property damage may not require a lawyer’s aid.
However, when your case gets intense with serious injuries, damages, and more complexities, it’s better to hire a car accident lawyer who knows what to do and can help you protect your rights.
Investigate the Accident
Once your lawyer has heard the details of your story, they will begin investigating the various aspects of your accident case.
Almost every accident is unique, so the lawyer builds a comprehensive picture of your accident by meticulously gathering the relevant documents of your case and analyzing every relevant piece of information.
Gather Evidence on Your Behalf
The more evidence your case has, the stronger your claim becomes, which is why lawyers do everything to collect strong evidence.
Lawyers gather police reports, medical records, witness statements, surveillance footage, and expert testimonies, and work with an accident reconstructionist to reenact your accident scene so they gain a deep understanding of the circumstances that caused your accident, and later these can be used to build a stronger claim in court.
Assess Your Damages and Pain
The lawyer looks into your medical records, photos of your injuries and the vehicle, expert testimonies, and therapist notes to determine the economic (medical bills, property damage, and lost wages), non-economic (pain and emotional distress), and punitive damages in rare case scenarios.
Your lawyer will determine these damages and pain by closely examining how the accident has impacted your daily life and the duration of suffering and injuries it led to.
Generally, lawyers use two types of calculation methods for your non-economic damages.
- The multiplier method involves multiplying all your economic damages by the severity of your injuries and the resulting impact, with 1.5 being the lowest multiplier for minor injuries and 5 being the highest multiplier for severe injuries.
- The per diem method involves assigning compensation in dollars daily for pain and suffering. Depending on how many days the victim experienced pain and distress, the rate is multiplied by that number of days.
Determine the Possibilities for Negligence
A car accident lawyer needs to check if there was a breach of duty involved, which led to your accident and injuries.
The lawyer looks into police reports, medical records, photos of the damaged vehicles, and skid marks at the accident scene to analyze and prove that the at-fault driver was negligent.
Other evidence, like testimonies from experts and accident reconstructionist statements, can provide insight on who might have been at fault.
When your case becomes contested, the lawyer can subpoena the other driver’s black box data to check for signs of speeding or erratic driving right before the accident, which can prove the driver was negligent.
Negotiate with the Insurers
Insurance companies always do their best to minimize the payout as much as they can. Your lawyer, on the other hand, is not going to let that happen. They will fight back with strong evidence to emphasize how much loss the accident has caused you and advocate for what you actually deserve.
File Personal Injury Claims or Lawsuits
Based on the evidence collected, your lawyer files a personal injury claim to obtain the compensation you deserve.
If the insurance company refuses to settle with you for a fair amount, the lawyer can file a lawsuit against the insurance company to ensure you get a payout.
Key Takeaways
- Lawyers investigate the accident to understand how the accident happened.
- They gather evidence like police reports, medical records, photos of the accident, and expert testimonies.
- They assess your damages and injuries to determine the compensation you deserve.
- The lawyer looks into key evidence to prove the at-fault driver was negligent.
- A lawyer will file lawsuits on your behalf when insurance companies don’t settle for a fair amount.
- Lawyers negotiate with insurance companies to ensure you get a fair settlement.
