When to Lawyer Up After a Car Accident
March 28, 2023Car accidents can adversely affect your health and cause substantial damage to your vehicle. A car accident caused by another person due to recklessness can frustrate you, which is why you need an attorney, especially if you’re injured. Hiring a car accident lawyer in Las Vegas will allow you to attend to other issues and delegate the duties of filing a claim against the other party.
Suppose the other driver is liable for the accident. Your lawyer will represent you to ensure you are absolved of wrongdoing and file a claim for personal injury. This way, you can receive compensation for your injury, loss, or damage through representation by a licensed attorney in trials or negotiations.
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Reasons You Need a Lawyer After a Car Accident
Once you hire an experienced car accident attorney, they file claims against the at-fault driver. After determining that your case has enough proof to go to court, they will represent you in any hearing or negotiation.
Here’s when to lawyer up after a car accident.
Injuries to Self or Notable Harm to Your Car
If the accident you were involved in is minor, a car accident attorney may not be necessary. However, if you’re injured and your car is damaged, you need an experienced attorney to work with you to help you preserve your rights.
The Accident Was Caused by Someone Else
In an accident where the other driver is liable, you must speak to a lawyer immediately. If the accident occurred because of negligence from the other party, let a lawyer take on the process if one or more cars were involved.
The At-Fault Driver’s Insurance Company Offers Minimal Settlement
Take your time getting a settlement from the other driver’s insurance company. You might get unworthy compensation that can’t cover all the damages you suffered. Only provide a statement about the accident to the police, not any third party. Let your lawyer represent you to avoid incriminating yourself and negotiate the best possible settlement.
After an accident, you’re not in the right state of mind, and you should avoid any talks toward settlements. The other driver might likely try to talk you into a payment. Due to your poor state of mind, you might end up agreeing to a less settlement that may not cover your expenses.
Wait until an experienced lawyer helps you analyze the extent of damages, including how the accident has altered your life. Accepting a settlement means you can’t go back to ask for more because the case is settled.
Severe, Permanent Injuries
A bad car accident can change your life drastically. You may find that you can’t go to work, have unending hospital trips, multiple corrective surgeries, and must modify your home. A seasoned attorney will help you get compensation to meet these needs.
A Government Agency Caused the Accident
A fair settlement from a government agency requires skillful negotiations from an experienced attorney. Ensure that the lawyer you engage understands how to take legal action against a government agency.
Loss of a Loved One Due to the Accident
If your loved one died due to the recklessness of another driver, taking legal action against them is inevitable. You can file for a wrongful death claim and get compensation through a seasoned lawyer. The attorney will guide you on the procedure to follow and recover damages from the loss.
What a Car Accident Lawyer Can Do for Your Case
If you find yourself paying for the damages caused by another party, consult a lawyer to discuss the situation and legal options. Your lawyer will take on the process and inform you of what to expect throughout the case.
The liable party should bear the burden of their negligence and pay for the losses they have caused.
Your lawyer must demonstrate how you sustained injuries or loss due to the defendant’s carelessness by:
- Acquiring a police report that illustrates how the accident happened.
- Gathering evidence from witnesses and testimony about the accident.
- Seeking help from reconstruction experts to demonstrate how the other party was negligent.
- .Acquiring all medical reports from your doctor for all your treatments.
How To Prove the Negligence of the Defendant
For your case to hold water, your attorney must prove you are innocent and that the other driver is at fault.
Here are the four elements of negligence.
- Duty of care – Every motorist owes a duty to other road users, which the defendant may have overlooked, causing the accident.
- Breach of duty of care – The other party violated a duty of care.
- Causation – The breach of duty of care by the liable driver caused damage and injuries.
- Damages – The plaintiff (You) suffered financial losses, emotional trauma, damage to your car, or bodily injuries.
Your lawyer must demonstrate your innocence and how the defendant would have avoided the car accident if they had been more careful. Such proof will help you manage the anxiety caused by the losses you incurred after the accident and any injuries that may be severe or permanent.
Possible Financial Awards You May Receive After a Successful Lawsuit
A successful claim after a car accident will grant you several awards depending on the damages, injuries, or losses suffered.
Some of the losses you are likely to receive compensation for include the following;
- Pain and suffering
- Medical expenses
- Mental torment
- Damage to property
- Lost salary
- Legal fees
How to Hire a Personal Injury Attorney
Hire a personal injury attorney immediately after a car accident makes the legal process easier for you and your lawyer.
Here are a few points that can help you choose the right attorney.
- Ensure the attorney is licensed and has experience with personal injury cases. Make a list of several attorneys, then search them online, visit their website, and read reviews about their work. Book an appointment to discuss your accident and, if they feel right, present everything about the accident; pictures of the scene and injuries, medical records, and the expenses you have paid due to the accident.
- Many law firms offer free consultations and case reviews. During this session, ask about the legal process. Once you hire the lawyer, they’ll present you with papers to sign, and you should do so after reading and understanding what they contain. If anything needs to be clarified, ask questions until you’re comfortable.
After the police determine the other party was at fault for causing the accident, it is typical for the defendant’s insurance company to rush you into making statements. They intend to retrieve information that can lower your claim. Ensure your car accident lawyer represents you in all negotiation sessions.