A car accident lawyer is an attorney who offers legal services to people who claim to have recently been injured, either physically or emotionally, due to the negligence of another individual, institution, corporation, or government agency. Most personal injury attorneys primarily practice in the field of tort law, which is the body of law regarding lawsuits and claims against another individual or institution for injuries, harms or death sustained as the result of another’s negligence. Tort law specifically addresses all damages, penalties, and rights that may be claimed as a result of a lawsuit. It is a complex body of law and is the most commonly litigated law in America. Personal injury claims are very common and are subject to many unique legal defenses.
As previously mentioned, tort law exclusively deals with claims involving physical harm or injury. Claims for mental suffering and pain, and even those for punitive damages, are not considered part of tort law. Claims related to vehicle accidents fall under the umbrella of personal injury law. The first step that a car accident lawyer will take is to assess the case and determine if there is probable cause to proceed with the case. If so, the next step is to obtain necessary forms from the jurisdiction in which the incident took place. These forms can include insurance documents, vehicle repair estimates and receipts, and other information that can help the lawyer determine compensation for his or her client.
Once the paperwork has been gathered, it is then time for the paperwork to go through the proper channels and become a legal claim. The car accident lawyer will then present the case to his or her client and begin preparing the necessary documents and arguments in defense of the client’s position. Many people, when filing a claim, underestimate the amount of time it will take to receive the desired compensation. For this reason, it is important that those filing legal claims take the proper time to fully prepare their claim and be sure to submit it to the right legal authorities.
After the police reports have been logged and the accident claim has been filed, it is then time to move forward with the next step. One of the first things a car accident lawyer will do is speak with any witnesses who were on the scene at the time of the accident. He or she will gather information such as the names, addresses, and phone numbers of the witnesses. Then, speaking with the police, he or she will attempt to collect any additional evidence that may be useful in making a fair settlement. This evidence could include a police report, witness statements, a log of the crash or the damage done, photos of the scene, and the names and addresses of all passengers and passersby.
Next, after gathering all of the necessary documentation to support the case, it is imperative that the car accident lawyers make contact with the insurance company involved. The insurance company will assess the damage done to the vehicles involved and will need to compensate for these damages. If they are unable to do so, the insurance company will likely file a claim against the driver of the vehicle, and the driver will ultimately be forced to pay for the damages out-of-pocket. The insurance company does not want to leave itself liable for damages that are in excess of what it initially paid.
After making contact with the insurance companies, filing the lawsuit is one of the next steps. Car accident cases are different from other injury or disease cases in that many times victims are unable to work for a period of time after being injured. This means that a settlement will often be difficult to achieve. However, with a strong and intelligent car accident lawyer on board, victims may find that a lawsuit is the only way to ensure that they receive the settlement they deserve.
Most car accidents occur because of the negligence or fault of someone else. This can range from driving while intoxicated to falling asleep at the wheel. Regardless of who is at fault, if it happens due to another driver’s carelessness or negligence, the victim should seek compensation. While it may be tempting to attempt to handle these matters yourself, it is often best to retain an experienced car accident lawyer to deal with these types of matters. The injury attorney will have access to the most up-to-date medical records, which will prove invaluable in this case.
Victims of these types of accidents may receive financial compensation in monetary form. However, many victims fail to receive the amount of settlement they were expecting, perhaps because they did not come away with sufficient wages to cover their living expenses. Other victims come away with nothing at all, because the insurance companies fight for their compensation dollar. As unfortunate as this may be, it is necessary to make sure you come away with a fair settlement. For this reason, hiring an expert car accident lawyer is extremely important.