What Does a Car Accident Lawyer Do?

How to work with a Car Accident Lawyer

Hiring a car accident lawyer is only the first step in pursuing your car accident claim. You also need to work with your car accident lawyer effectively to ensure that your case goes smoothly and successfully.

Here are some tips on how to work with a car accident lawyer:

Before hiring a car accident lawyer:

• • Gather evidence: As soon as possible after the accident, try to gather as much evidence as you can to support your claim. This may include taking photos or videos of the accident scene, your injuries, and your vehicle damage, getting contact information of any witnesses, obtaining a copy of the police report, seeking medical attention and keeping records of your diagnosis, treatment, and bills, reporting the accident to your insurance company and getting a claim number, and keeping track of any other expenses or losses related to the accident.
  • Document injuries: It is important to document your injuries and how they affect your daily life. You can do this by keeping a journal or diary where you write down details such as the date, time, location, severity, and duration of your pain and symptoms, any medications or treatments that you take or receive, any limitations or restrictions that you face in your activities or work, any emotional or psychological effects that you experience, such as anxiety, depression, or PTSD, any changes in your relationships or social life due to your injuries, and any other relevant information that shows how the accident has impacted you.
  • Report the accident: You should report the accident to the authorities as soon as possible after it happens. You should call 911 if anyone is injured or if there is significant property damage. You should also call the police if the other driver is uninsured, underinsured, intoxicated, aggressive, or flees the scene. You should cooperate with the police and provide them with accurate and truthful information about what happened, but avoid admitting fault or blaming anyone for the crash. You should also get a copy of the police report for your records.

After hiring a car accident lawyer:

• • Follow their instructions: Your car accident lawyer knows what is best for your case and how to handle it effectively. Therefore, you should follow their instructions carefully and trust their judgment. For example, they may advise you to avoid talking to anyone about your case, especially the insurance adjusters or the lawyers of the other party, without their presence or permission. They may also advise you to avoid posting anything about your case on social media or other platforms that could harm your claim. They may also advise you to continue seeking medical treatment and following your doctor’s orders until you reach maximum medical improvement (MMI).
  • Cooperate with them: Your car accident lawyer needs your cooperation to build a strong case for you. Therefore, you should cooperate with them by providing them with all the information and evidence that they need for your case, such as medical records, wage statements, receipts, photos, videos, witness statements, and other documents. You should also cooperate with them by responding to their calls, emails, or messages promptly and keeping them updated on any changes in your condition, situation, or contact details. You should also cooperate with them by attending any meetings, depositions, hearings, or trials that they schedule for you and being prepared and punctual for them.
  • Trust them: Your car accident lawyer has your best interests at heart and wants to help you get justice and compensation for your injuries and damages. Therefore, you should trust them and their expertise and experience. You should not doubt their abilities or question their decisions without good reason. You should also not hide anything from them or lie to them about anything related to your case. You should be honest and transparent with them at all times.

By working with your car accident lawyer effectively, you can improve your relationship with them and increase your chances of getting a favorable outcome for your case.

Frequently Asked Questions about Car Accident Lawyers

Here are some common questions that people have about car accident lawyers:

How much does a car accident lawyer cost?

Most car accident lawyers work on a contingency fee basis, which means that they only get paid if they win or settle your case. They usually charge a percentage of the recovery amount, which can range from 25% to 40% depending on various factors such as the complexity of the case, the stage of the case, the risk involved, and the local market rates.

Some car accident lawyers may also charge additional fees or expenses for things such as filing fees, court costs, expert fees, travel expenses, or copying costs. You should discuss these fees and expenses with your car accident lawyer before hiring them and make sure that they are clearly stated in a written agreement.

How long does a car accident case take?

The duration of a car accident case depends on many factors such as:

• The severity of the injuries and damages involved;
• The number of parties involved;
• The availability of evidence;
• The cooperation of the insurance companies;
• The willingness of both sides to negotiate;
• The possibility of litigation;
• The backlog of the court system.

A typical car accident case can take anywhere from a few months to several years to resolve.

What if I was partly at fault for the accident?

If you were partly at fault for the accident, you may still be able to recover compensation for your injuries and damages under the comparative negligence rule. This rule allows you to recover compensation based on the percentage of fault that each party has for the crash. For example, if you were found to be 20% at fault for the crash and your total damages were $100,000, you would be able to recover $80,000 ($100,000 x (100% – 20%)).

However, the comparative negligence rule varies by state. Some states follow a pure comparative negligence rule, which allows you to recover compensation regardless of how much fault you have for the crash. Other states follow a modified comparative negligence rule, which bars you from recovering compensation if you have more than a certain percentage of fault for the crash (usually 50% or more). You should consult with a car accident lawyer in your state to determine how this rule applies to your case.

What if the other driver has no insurance or is underinsured?

If the other driver has no insurance or is underinsured (meaning that their insurance coverage is not enough to cover your damages), you may still be able to recover compensation from other sources such as:

• Your own uninsured/underinsured motorist (UM/UIM) coverage: This is an optional coverage that you can purchase from your own insurance company that covers you in case you are involved in an accident with an uninsured or underinsured driver. You can file a claim with your own insurance company under this coverage up to the limit of your policy.
• Your own personal injury protection (PIP) coverage: This is another optional coverage that you can purchase from your own insurance company that covers some of your medical expenses and lost wages regardless of who was at fault for the crash. You can file a claim with your own insurance company under this coverage up to the limit of your policy.
• The other driver’s personal assets: If none of these options are available or sufficient to cover your damages, you may be able to sue the other driver personally and go after their personal assets such as their bank accounts, property, or wages. However, this option may be difficult or impractical if the other driver has no assets or declares bankruptcy.

You should consult with a car accident lawyer to determine the best course of action for your case.

What if I have a pre-existing condition that was aggravated by the accident?

If you have a pre-existing condition that was aggravated by the accident, you may still be able to recover compensation for your injuries and damages under the eggshell plaintiff rule. This rule states that you take the plaintiff as you find them, meaning that the defendant is liable for all the damages that they cause to the plaintiff, even if the plaintiff was more susceptible to injury due to a pre-existing condition.

For example, if you had a back injury before the accident and the accident worsened your pain and limited your mobility, you would be able to recover compensation for your worsened condition and not just for the new injuries caused by the accident. However, you need to prove that your pre-existing condition was aggravated by the accident and not by other factors such as aging, lifestyle, or natural progression. You also need to prove that your damages are reasonable and proportional to the aggravation of your condition. You should consult with a car accident lawyer and a medical expert to establish these proofs and support your claim.

Conclusion

A car accident lawyer is a legal professional with the expertise to assist you in obtaining compensation for injuries and damages resulting from a car accident that was not your fault. By investigating your case, negotiating with insurance companies and other parties involved, and, if required, initiating a lawsuit, a car accident lawyer can ensure your rights and interests are vigorously defended. Additionally, throughout the progression of your case, a car accident lawyer can maintain open communication with you, providing guidance and counsel every step of the way.

If you have been involved in a car accident and need legal assistance, you should contact a car accident lawyer as soon as possible. A car accident lawyer can evaluate your case and determine if you have a valid claim for compensation. A car accident lawyer can also help you choose the best course of action for your case and guide you through every step of the way.

To find a qualified and experienced car accident lawyer in your area, you can use online reviews, referrals, directories, or consultations. You can also use our website to connect with a car accident lawyer who can help you with your case. Simply fill out our online form and we will match you with a car accident lawyer who meets your needs and expectations.

Don’t wait any longer. Contact a car accident lawyer today and get the justice and compensation that you deserve.

Useful Resources

If you are looking for more information on why you need a car accident lawyer, you can check out these useful resources:

• Choosing The Best Car Accident Lawyer – Forbes Advisor
• Auto Accident Lawsuit Guide (2023) – Forbes Advisor
• Top 15 Car Accident Resources – ENJURIS

If you are looking for car accident lawyers in your area, you can use these online directories:

• Avvo
• FindLaw
• Super Lawyers