6 Things to Look for in a Personal Injury Lawyer

A personal injury lawyer who specializes in car accident cases provides several types of legal support. First, an attorney helps you file an insurance claim by interacting with the adjuster processing your case. Second, your personal injury lawyer conducts an extensive investigation that involves collecting physical evidence and interviewing witnesses. Personal injury lawyers also negotiate settlements and calculate fair values for compensation. Finally, if your car accident attorney can prove another party committed one or more acts of negligence, you receive legal support during the entire litigation process.

The question is not whether you should hire a personal injury lawyer. Instead, the question is what criteria should you look for when hiring a car accident attorney?

Let’s review the six things to look for in a personal injury lawyer.

Experience

Experience is much more than accumulating years of service as a personal injury lawyer. Although years of service give you an idea about an attorney’s skill level, you should be more focused on the results a lawyer got during the years of service. What percentage of cases has a personal injury lawyer helped a client receive just compensation, whether it was in the form of an approved insurance claim or a favorable decision issued during a civil trial?

Handles Your Case From Start to Finish

Do not take for granted that the personal injury lawyer who meets with you during a free consultation will provide legal support throughout the entire litigation and insurance claim process. Some attorneys meet with clients for a free consultation, only to delegate the responsibilities for the remainder of a case to paralegals and less experienced personal injury lawyers. Make sure the attorney that you hire provides support during every phase of the legal process.

Works on a Contingency Fee Basis

A contingency fee payment is a type of compensation in which an attorney receives a percentage of the money approved for an insurance claim, as well as a percentage of the money awarded during a civil trial. Personal injury lawyers who operate on a contingency fee basis as opposed to receiving an hourly fee are much more motivated to get their clients just compensation. Contingency fees for personal injury cases range from 25 percent up to 40 percent.

Open to Negotiations

Negotiating a settlement during a civil trial saves you both time and money. Your personal injury lawyer submits an initial offer that the other party accepts or rejects. If the other party rejects the initial offer, several rounds of counter offers can follow until both sides agree to a settlement or decide to move to the next step of the litigation process. Unfortunately, some attorneys refuse to negotiate settlements. You want your personal injury lawyer to be open to negotiations.

Responsive Communicator

You already have enough stress in your life to deal with an attorney who is a poor communicator. A responsive personal injury lawyer promptly returns text, phone, and email messages. You should be able to determine the responsiveness of an attorney before you decide to hire one. Your personal injury lawyer also should be effective at explaining complex legal topics, as well as spot on when it comes to notifying you about important upcoming events.

Online Reviews

Attorneys typically post client testimonials on their websites. Although client testimonials give you insight into a lawyer’s reputation, you also should read the reviews left by clients on sites such as Yelp and Google to determine the skill level of every personal injury lawyer on your shortlist. Look for common positive attributes mentioned by numerous clients. We also recommend that you check out every attorney’s Better Business Bureau (BBB) page.

How to Expedite Claims With a Car Accident Attorney

The moment of truth has arrived.

You have just gotten involved in a car accident, and how you react determines whether you receive compensation for the medical bills and property damage associated with your case. Calling 911, obtaining witness contact information, and taking photos of the accident scene are a few of the important steps to take after a motor vehicle collision. The most important step is the step that sets the wheels in motion for you to receive just compensation.

The step involves contacting a state-licensed car accident attorney.

A car accident attorney provides you with several types of legal support, from interviewing witnesses to reviewing a copy of the official police report. One of the most important types of legal support is to help you file an insurance claim that gets you compensated for financial losses.

Let’s see how an experienced car accident lawyer can help you expedite a car insurance claim.

Interacts with the Insurance Adjuster

Auto insurance companies prefer to deal with policyholders who file claims without the legal support of a car accident attorney. Without the legal support of an experienced vehicle collision lawyer, your insurance company might try to take advantage of you by proposing a lowball claim offer. Another tactic used by car insurance companies is for adjusters to delay processing claims. By interacting with the insurance adjuster processing your claim, the car accident attorney working your case applies the right amount of pressure to ensure your claim moves through the processing system in a timely manner.

Submits Persuasive Evidence

The most common reason why insurance adjusters deny claims concerns the submission of underwhelming physical evidence. By hiring an accomplished lawyer, you submit the types of persuasive physical evidence that get your claim approved without you having to wait months to receive compensation. Your car accident lawyer refers to the official police report to acquire physical evidence, as well as the photos that you took at the scene of the accident such as photos of tire marks and the damage done to your motor vehicle. One of the most convincing pieces of physical evidence is the footage captured by a traffic and/or security camera.

Submitting convincing physical evidence should expedite your car insurance claim.

Assists With Completing the Claim Form

Did you know that just one mistake found on a car insurance claim form can send your claim to the end of the line for review? Even if you fail to include your middle initial in the right space, the insurance adjuster processing your claim can send it back denied. Enlisting the help of a car accident attorney to file your claim ensures that you do not make any mistakes, as well as leaving any of the mandatory spaces blank. Your lawyer also explains what each section means to help you gain a much better understanding of what your insurance company expects from a valid claim.

Calculates a Reasonable Value for Compensation

Another frequent reason why insurance adjusters deny claims concerns the filing of an unreasonable value for compensation. A car accident lawyer calculates a fair value for compensation by first adding up all the tangible costs, such as the cost of medical care and the value of repairing property damage. You have the right to receive compensation for the costs associated with diagnostic tests, treatment programs, and physical therapy sessions. Your car accident attorney also calculates a value for noneconomic damages, like the symptoms that develop because of Post-Traumatic Stress Disorder. (PTSD).

Negotiate a Settlement

If your insurance company denies a claim, you have the right to file an appeal. However, filing an appeal prolongs the claim review process. Your car accident attorney can propose at any time that both parties meet to negotiate a settlement. Negotiations start when your lawyer presents an initial offer that includes a reasonable value for compensation. The insurance adjuster processing your claim can either accept or deny the initial offer. Several rounds of counter offers can follow until both parties reach a settlement or decide to move on to the appeals process.

Who Is Liable If I Was Injured At A Neighbor's House?

You sustained one or more injuries at a neighbor’s house. Whether you slipped and fell or tumbled down a few stairs, the injuries that you sustained have caused you to rack up a substantial medical bill. In addition, you expect to pay for future medical services such as the use of an assistive device and/or undergoing comprehensive physical therapy sessions. Even if you do not incur additional medical costs, you are still on the financial hook. This prompts one important question: Who is liable if you were injured at a neighbor’s house?

The short answer is your neighbor is the most likely party held responsible for you sustaining one or more injuries. Your case probably falls under a type of law practice called premises liability. However, other circumstances can place a legal burden on another party. To determine the answer to the question, “Who is liable if I was injured at a neighbor’s house,” you should contact an experienced and state-licensed personal injury lawyer.

What is Premises Liability?

Premises liability represents a type of personal injury law that follows many of the same principles followed for other personal injury cases such as car accidents and medical malpractice. This type of personal injury law involved demonstrating that a property owner failed to prevent an accident that caused a visitor to sustain one or more injuries. To win a premises liability lawsuit, your personal injury lawyer must prove the existence of four legal elements.

First, your personal injury lawyer must show the plaintiff had a duty of care to protect you against harm. Second, you must prove your neighbor violated the duty of care doctrine by committing one or more acts of negligence. Third, the incident must have directly caused you to sustain one or more injuries. Finally, your injuries must have generated financial losses in the form of medical bills.

How Does My Personal Injury Lawyer Build a Persuasive Case?

Several factors play a role in helping your personal injury lawyer build a strong premises liability case. Physical evidence is the heart of a strong premises liability case. Your attorney submits photographs of the accident scene, which can be taken by you, as well as any witnesses who saw the accident. If your neighbor installed a security camera system, you might be able to extract video sequences that prove your neighbor committed one or more acts of negligence. Witness accounts of the accident bolster the strength of the physical evidence gathered by your personal injury lawyer.

To receive just compensation for your injuries, you must submit copies of all medical bills. This includes the results of diagnostic tests, as well as copies of treatment and rehabilitation bills. Copies of your financial records verify the amount of money you have paid to different healthcare facilities. Notarized statements by doctors and surgeons demonstrate what you can expect to spend for future medical care. Your employer also can help by showing that you lost wages due to the seriousness of your injuries.

Take Action Today

Hiring a personal injury lawyer who specializes in handling premises liability cases is crucial if you expect to receive just compensation for your injuries. Your attorney conducts a detailed investigation and then calculates a reasonable value for compensation that you use when filing an insurance claim and a civil lawsuit that seeks monetary damages. Instead of dealing with an insurance adjuster, your personal injury lawyer handles the claim during every step of the review process. Your attorney can negotiate a settlement with the insurance adjuster, as well as the attorney representing the other party. One of the most important responsibilities of your personal injury lawyer is to file a civil lawsuit before the expiration of the statute of limitations.

6 Steps You Should Take Immediately After an Accident

Accidents happen.

The average American driver can expect to get involved in some form of car accident one time every six years. Although many car accidents turn out to be minor fender benders, some vehicle collisions result in substantial property damage and significant injuries to one or more drivers and passengers. The best mindset for how to react after a car accident is to already know what to do. For a serious auto crash, leaning on the legal expertise of a car accident attorney makes the difference between receiving just compensation and walking away empty-handed.

Here are the six steps you should take immediately after a car accident.

Think Safety

You can expect a flurry of thoughts to rush through your brain right after a motor vehicle collision. Slow the thoughts down by thinking about safety first. You should find a safe place to move your car if it is capable of moving to another location nearby. Pulling over on a shoulder is a good choice, but if you can find a parking spot on a lot nearby, you enhance your safety by staying away from traffic. Once you get to a safe place, check on all the other drivers and passengers.

Call 911

Calling 911 immediately after a vehicle collision accomplishes two important things. First, a 911 call activates the emergency response system, which includes medical personnel that can treat victims who sustained serious injuries such as fractures and lacerations. Second, the responding law enforcement agency clears the scene of vehicles to prevent another accident from occurring. Law enforcement personnel also conduct a thorough investigation of the accident scene.

Receive Medical Care

Receiving a diagnosis and getting treated for any injuries is critical for you to file a successful insurance claim, as well as a civil lawsuit that seeks monetary damages if you have a strong enough case. If you wait too long to receive medical care, the insurance adjuster reviewing your claim might deny it on the grounds that you did not sustain serious enough injuries to warrant receiving compensation. You might be able to receive initial treatment at the scene of the car accident.

Gather Evidence

Although the law enforcement agency responding to the vehicle collision collects evidence, you also should collect evidence to give your car accident attorney a head start on conducting a separate investigation. Simply taking photographs of the accident scene by using a Smartphone can help your car accident attorney put the pieces of the investigative puzzle together. Obtain the names and contact information of every witness for your car accident attorney to interview as soon as possible.

Contact a Car Accident Attorney

If you have a car accident attorney on retainer or know of a lawyer who specializes in handling personal injury cases, the first call you make should be to your legal counsel. Schedule a free case evaluation to determine the best course of action. Your car accident attorney reviews the official police report and all the physical evidence, as well as interviews witnesses. If you do not have access to a car accident attorney, conduct a little online research to find one practicing in your area and then schedule a free case evaluation.

Work on Receiving Just Compensation

Meeting with a lawyer is the key to starting the process of receiving just compensation for your financial losses. Do not contact your insurance company until after you meet with a car accident attorney. Your lawyer helps you submit the proper documents, as well as helps you develop a persuasive claim. If the other party committed one or more acts of negligence that caused the auto crash, you might have a strong enough case to file a civil lawsuit that seeks monetary damages.

How to Select the Right Car Accident Attorney For Your Case

Staying composed after getting involved in a motor vehicle collision can be difficult to do. However, you should focus on staying calm and following a series of steps that eventually determine whether you receive just compensation for any injuries and property damage. One of the most important steps arrives near the end of the process, which is to contact a car accident attorney. The question for you is how to select the right car accident attorney for your case.

Several factors should play a role in helping you to choose the right car accident lawyer.

Experience

An experienced car accident attorney knows how to help you submit the most persuasive auto insurance claim. The claim process requires you to submit compelling physical evidence, along with the statements presented by witnesses. Experience also comes in handy for a car accident lawyer if the insurance adjuster reviewing your claim agrees to try and negotiate a settlement. If your case goes to trial, hiring an experienced car accident attorney can be the difference between winning your case and walking out of the courtroom empty-handed.

Make sure you do not measure experience strictly on years of practice. An experienced car accident attorney also should be able to present a proven record of success.

Offers a Free Consultation

An attorney who offers a free consultation provides you with the opportunity to discuss your case, as well as devise a winning strategy for filing an insurance claim. During a free consultation, a car accident lawyer should review the evidence, especially the official report filed by the responding law enforcement agency. You present witness accounts, as well as copies of your medical bills and property repair receipts, such as the receipt for auto repair work

Represents You From Start to Finish

Some attorneys meet with clients for a free consultation, only to disappear for the remainder of a case. You want the experienced attorney sitting across from you during a free consultation to represent you during every phase of the litigation and insurance claim process. You should ask at the start of a free consultation whether the lawyer sitting across from you expects to represent you the entire time. You should consider it a deal breaker if the lawyer states that another attorney will take over the case at some point.

Gets Paid by a Contingency Fee

You want the car accident attorney hired to represent you to be financially motivated. This means you should pay the lawyer on a contingency fee basis, which means your attorney gets paid when you get paid. The lawyer charges a percentage of the money that you receive from an insurance claim and/or the result of a favorable ruling during a civil lawsuit. Attorneys who charge by the hour are less motivated to push a case to the finish line.

Strong Communication Skills

Car accident attorneys work several cases at the same time. This means the lawyer that you hire might not be available when you call or send a text message. However, you should expect a prompt response every time you have a question or want to learn about the status of your case. The car accident attorney that you hire should respond to any form of communication no later than during the morning after the day when you left a message. A car accident case is stressful enough without having to deal with a lawyer who is a poor communicator.

Online Reviews

Client reviews left on sites such as Yelp and Google should indicate the skill level of a car accident attorney. You should refer to client reviews as the last factor for choosing the right car accident lawyer. Moreover, you should consider a car accident attorney who has received many positive reviews. You also can check an attorney’s Better Business Bureau (BBB) page.

A Car Accident Attorney Can Help You Win Your Insurance Claims

According to several studies, an average of more than 12 million car accidents occur each year in the United States, with nearly one-third of the crashes causing some type of vehicle damage. With around 42,000 motor auto accident fatalities every year, the typical motorist in the United States can expect to get involved in a motor vehicle collision once every six years. If you get involved in a car accident, you should follow a series of steps that include contacting a car accident attorney. A personal injury lawyer who specializes in handling car accident cases provides several legal services to help you recover financially from an auto crash. Most motorists require one type of legal service, which is to file a car insurance claim.

Let’s see how a car accident attorney can help you win your insurance claims.

Communicate with the Insurance Adjuster

Insurance adjusters have one primary responsibility: To limit the value of insurance claim payouts. If you do not hire a car accident attorney to help you submit an insurance claim, the adjuster processing your claim is more likely to deny compensation. In addition, your lawyer handles all forms of communication, which allows you to focus on other objectives, such as recovering from your car accident injuries.

Complete the Insurance Claim Form

For the most part, insurance claims are straightforward, legally binding documents. However, just one mistake on an insurance claim might compel the adjuster processing the claim to deny it. Even leaving a space blank is just cause for denial. A car accident attorney walks you through each section of an auto insurance claim form, as well as meticulously reviews the document to ensure there are no errors. In addition, a car accident attorney monitors your claim to keep it moving through the review process.

Collect Physical Evidence

Submitting persuasive physical evidence is the heart of building a successful insurance claim. A car accident attorney collects physical evidence such as photos of the accident scene, as well as footage captured by a traffic and/or security camera. Your lawyer also interviews witnesses to get statements that corroborate your version of events and to support the physical evidence gathered at the scene of the crash. The formal report filed by the responding law enforcement agency also represents a convincing piece of evidence.

Calculate Monetary Damages

Another factor that strengthens your insurance claim involves calculating a reasonable value for compensation. With the help of a car accident attorney, you add up all tangible expenses, which include the value of medical and auto repair bills. Your car accident attorney obtains copies of every medical record to calculate the value of diagnosing, treating, and rehabilitating your injuries. You also might qualify for insurance claim compensation because you suffer from emotional issues such as the development of Post-Traumatic Stress Disorder. (PTSD).

Negotiate a Settlement

A car accident attorney can negotiate a settlement with the insurance adjuster processing your claim. Negotiations start when your car accident attorney submits a value for compensation, which the insurance adjuster either accepts or rejects. If the insurance adjuster rejects the initial offer, several rounds of counter offers can follow until both sides agree to a settlement or decide to take the claim to the appeals stage of the review process. An experienced car accident attorney understands what constitutes a reasonable value for compensation.

Why Don’t Insurance Companies Want Me to Hire a Car Accident Attorney?

If you are a recent victim of a car accident, the bills have started to pile up on your desk. The pressure to pay off costly healthcare and auto repair bills prompts you to check on the status of a car insurance claim every day. Insurance companies have no incentive to pay out insurance claim money, which means they love it when claimants apply for compensation without the help of a car accident attorney. In fact, your insurance company might discourage you from hiring an auto collision lawyer, especially if your claim is worth a substantial amount of money.

Let’s review why insurance companies do not want you to hire a car accident attorney.

Conducts a Thorough Investigation

Auto insurance companies assign experienced investigators to gather physical evidence, as well as interview witnesses. If you do not hire a car accident attorney, your insurance company can count on you not coming up with the proof you need to file a persuasive claim. A car accident lawyer from Schiff & Associates ensures you file a convincing insurance claim by referring to the official police report, which should describe in detail what caused the car accident.

The official police report also contains the name and contact information of every witness.

Calculates a Reasonable Claim Value

One of the most common reasons why insurance companies deny car accident claims concerns the submission of an unreasonable value of compensation. This factor alone might be the reason why your insurance company does not want you to work with an experienced lawyer from Schiff & Associates. With the legal support provided by a car accident attorney, you add up the tangible costs associated with the auto crash, such as medical and auto repair bills. Your attorney also calculates a fair value for non-economic damages, such as the costs generated by treating the symptoms of Post-Traumatic Stress Disorder (PTSD)

Helps Complete the Insurance Claim Form

Just one mistake in completing a car insurance claim form can lead to the denial of your claim. Whether you insert inaccurate personal information or forget to fill in a section, the insurance company processing your claim can send your claim back denied without having to present an argument against any of the physical evidence filed with the claim. Hiring one of the highly-rated lawyers from Schiff & Associates ensures you file an accurate and fully completed car insurance claim.

Negotiates a Settlement

Car insurance companies hope claimants accept no as an answer the first time they file a car insurance claim. They can then file away a denied claim and move on to other customer claims for processing. Hiring an auto collision lawyer provides you with the opportunity to avoid a lengthy claim process by negotiating a settlement. Instead of denying your claim and moving on, your car insurance company must negotiate with your attorney to end any stalemate that arises during the claim review process.

Your attorney submits a reasonable offer, which your insurance company can either deny or send back with a counteroffer.

Highly Motivated

Auto insurance companies fear interacting with car accident attorneys because of the motivation to seek as much money as possible by filing a claim. A vast majority of auto insurance lawyers operate on a contingency fee basis, which means they receive compensation only when their clients get paid by an insurance company. The financial incentive to receive the highest possible value for compensation keeps insurance company actuaries awake at night.

Why Should Owner Operators Keep a Truck Accident Attorney on File?

Truck owners and operators have to take steps to prevent their rigs from getting involved in an accident. Two of the most important steps to take include following federal driving regulations and performing regular maintenance on their 18-wheelers. Another important precautionary step involves keeping a truck accident attorney on file. Keeping a truck accident attorney on file requires hiring a lawyer on retainer. A retainer arrangement gives an owner or operator quick access to legal representation in case a truck driver gets involved in a collision.

Why Do I Need to Have a Truck Accident Attorney on File?

Keeping a truck accident attorney on file dramatically reduces the amount of time it takes to hire a lawyer to represent you during a truck accident case. In addition to quick access to legal representation, truckers benefit from keeping a lawyer on file for several additional reasons.

Conduct a Thorough Investigation

The key to gaining approval for an insurance claim, as well as winning a favorable legal judgment, involves gathering sufficient physical evidence to support an insurance claim and a civil lawsuit that seeks monetary damages. To collect persuasive physical evidence, your truck accident attorney conducts a thorough investigation that includes gathering physical evidence such as traffic and/or security camera footage. Your attorney also reviews the official police report and interviews witnesses as part of a detailed investigation.

Interacts With the Insurance Adjuster

A truck accident lawyer from Schiff & Associates helps you file a convincing insurance claim, as well as acts as an intermediary to prevent an insurance adjuster from taking advantage of you. By working with an experienced truck accident attorney, you can considerably reduce the amount of time it takes to get an insurance claim settled. You also can focus your attention on other issues, such as recovering from any injuries sustained as the result of a truck accident.

Submit a Reasonable Request for Compensation

One of the most common reasons for truck accident claims to come back denied is an unreasonable request for compensation. By hiring an experienced truck accident attorney, you submit a fair value for compensation that leads to the approval of your claim. Your truck accident lawyer considers the value of economic damages, such as the cost of medical bills and repairing property damage. Then, your lawyer calculates a value for non-economic damages, which can include treating the symptoms associated with Post-Traumatic Stress Disorder (PTSD).

Prove Another Party Committed Negligence

To win a civil lawsuit that seeks monetary damages, your truck accident attorney must prove the presence of the four elements of negligence. First, your lawyer must show another party owed you a duty of care to prevent a truck accident. Second, another party must have committed at least one act that violated the duty of care doctrine. Third, you must prove that the truck accident caused your injuries. Fourth, the truck accident has to generate financial losses, such as medical bills and payments to repair the damage done to your rig.

Negotiate a Settlement

Hiring a truck accident attorney provides you with an experienced negotiator to represent your financial interests for an insurance claim, as well as a civil lawsuit that seeks monetary damages. Negotiations start with your lawyer submitting the initial offer, which the other party accepts or rejects. If the other party rejects the initial offer, you might receive a counteroffer or a certified letter that requests both parties move on to the next step of the insurance claim and/or civil lawsuit process. Several counteroffers can follow the initial offer until both parties resolve their differences or decide to take another action.

5 Examples of Commercial Truck Accidents Being More Complex Than Car Accidents

If you have experienced the aftermath of a car accident, you understand that a legal case can get complex quickly. From a lack of physical evidence to confusing insurance jargon, you can get bogged down in a car accident case for months on end. Although car accident cases often turn into complicated legal messes, they do not compare in complexity to the complex issues that arise from a commercial truck accident case.

Why Are Commercial Truck Accidents More Complex Than Car Accidents?

Accidents involving commercial trucks represent some of the most devastating accidents that occur on American roads and highways. Victims of a commercial truck accident frequently develop severe, even life-threatening injuries as a result of colliding with a massively sized commercial truck. In addition, truck accident insurance claims typically introduce many more complex factors than the insurance claims filed for other types of motor vehicle accidents.

Damages and Injuries

The sheer size and weight of a commercial truck cause more property damages and serious injuries than any other type of auto accident. Determining the extent of property damage and serious injuries requires a much more thorough investigation that introduces complex legal and insurance issues.

The more serious the injuries and the higher the value of property damages, the more complex the commercial truck accident case.

Liability

Liability boils down to ownership, which varies among the drivers of commercial trucks. Although most truck drivers are considered owners/operators of their vehicles, a substantial percentage of commercial truck drivers operate big rigs that are owned by a company. Legal and insurance issues concerning liability become even more complex if a truck driver operates an 18-wheeler to haul loads for another party.

Since ownership is often difficult to ascertain, a truck accident case can create issues that make it difficult to determine the liable party. Liability also is problematic because the type of cargo can make a truck driver not liable for causing a collision.

Laws and Regulations

Truck drivers must follow more laws and regulations than the average driver. For example, truck drivers cannot operate a big rig for more than a certain number of hours a day. A truck driver who exceeds the maximum number of operating hours and then causes a commercial truck accident might be guilty of operating a commercial truck while fatigued.

Due to a large number of laws and regulations, discovering fault in a commercial truck accident case generates several complex legal and insurance issues.

State Laws

Although the United States Department of Transportation issues the regulations for operating a commercial truck, each of the 50 states has implemented laws that vary in the types and strength of regulations. The actions taken by a commercial truck driver in one state might produce different legal and insurance ramifications for the same actions taken in another state.

Truck Data

Many truck drivers carry a black box that records a wide variety of data, such as the different speeds traveled throughout the day. The data recovered from a truck’s black box helps investigators determine the cause of a commercial truck crash. However, any discrepancies between the data recovered from a black box and the physical evidence gathered at the scene can turn a relatively easy commercial truck accident case into a difficult case to resolve.

Your Car Accident Attorney Can Help You Get The Settlement You Deserve

If you have sustained one or more injuries as the result of a car accident, you might be eligible to receive compensation by filing an insurance claim, as well as a personal injury lawsuit. For both types of claims, you can receive a favorable decision that helps you pay for the costs associated with medical treatments and the repairs done to property damage. However, your car accident lawyer also might be able to negotiate a settlement, which allows you to avoid the costly and time-consuming litigation process. A settlement pays for the same costs associated with a favorable legal judgment and an approved insurance claim.

How Should I Respond After a Car Accident?

How you react after a car accident determines the outcome of negotiations for a settlement. The key is to submit overwhelming evidence that another party caused the accident that led to the development of your injuries.

First, you should call 911 to activate the local emergency response teams, such as paramedics and law enforcement personnel. Unless you got involved in a minor fender bender, law enforcement personnel conduct an investigation that ends with the submission of the official police report. The official police report represents the most important type of evidence submitted to both insurance companies and the judge hearing a personal injury lawsuit that seeks monetary damages.

After the emergency response teams arrive at the scene of the car accident, receiving medical care is the next step on your to-do list. Even if you sustained what appears to be minor injuries, you should receive a thorough medical examination to ensure you have not sustained an injury that develops delayed symptoms, such as whiplash and/or a concussion. After receiving medical care, contact a state-licensed personal injury attorney who specializes in handling car accident cases. Your lawyer gathers additional physical evidence, as well as interviews witnesses to support your insurance and legal claims.

How Does My Car Accident Attorney Negotiate a Settlement?

Your car accident lawyer follows a few steps to reach a favorable settlement with another party after a car accident.

Calculate a Fair Compensation Value

Calculating a fair value for a car accident settlement involves factoring in both tangible and intangible costs. Tangible costs leave a paper trail, with documents verifying the costs associated with medical care and repairing property damages. Intangible expenses do not leave a paper trail, such as the costs associated with developing emotional trauma symptoms like Post-Traumatic Stress Disorder (PTSD). Also referred to as non-monetary damages, your car accident attorney calculates the fair value of intangible expenses by using a formula that factors in the costs associated with tangible expenses.

Send a Demand Letter

A demand letter is a formal document that initiates the negotiation process with an insurance company and the lawyer representing the other party. The demand letter includes a detailed description of the car accident, which includes a copy of the official police report and the physical evidence collected at the scene of the collision. It also should include witness statements and contact information. Another section of the demand letter explains how your attorney calculated the proposed settlement value.

Negotiations

After submitting the initial offer found in the demand letter, the other party can either accept or reject the proposed value for compensation. If the other party rejects the initial offer, you might receive a counteroffer or a request to move on to the next step in the claim process. For a civil lawsuit that requests monetary damages, the next step is to take your case to the trial phase of the litigation process. If an insurance company rejects a settlement offer, your attorney can file an appeal to receive compensation.