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Why You Need an Auto Accident Attorney

Car accident victims need compensation for medical expenses, lost wages, property damage, and pain and suffering. However, insurance providers often dispute liability and minimize the severity of injuries to avoid paying out full and fair settlements.

An experienced auto accident attorney can help you get the money you deserve. An attorney will work on a contingency fee basis, which means they only get paid when you do. Contact Auto Accident Attorney Duluth GA now!

Attorneys vs. Lawyers - Reveling The Actual Distinctions

Identifying the At-Fault Party

An experienced car accident attorney can help you determine who is responsible for your losses, including damages to your vehicle and injuries. It is important to find out the at-fault party so that you can pursue a claim against them. An attorney can help you examine all the evidence and make a strong case to insurance companies.

Fault is determined by analyzing the accident scene and the laws of your state. An attorney can review police reports, eye witness statements and other evidence. In addition, an attorney can determine the extent of your injuries and the monetary value of your damages. An experienced attorney can also determine whether there are any time limits (called statutes of limitations) that may bar your ability to file a lawsuit.

One of the most significant factors in determining fault is the cause of the accident. For example, if a driver speeds or runs a stop sign and collides with your vehicle, they may have violated traffic laws that resulted in your injury. Similarly, an eye witness’s statement can be helpful in identifying which driver was at fault.

Identifying the at-fault party can be a complex process. An auto accident attorney will examine all the evidence and use their years of experience to make an informed decision about who is liable for your losses. An attorney can also advise you about your options for pursuing compensation, such as filing an insurance claim or suing the at-fault party.

Drivers can recover damages by filing an insurance claim with their own provider or by suing the at-fault driver. If you opt to sue, your lawyer can assess the chances of a successful verdict, considering the at-fault party’s resources and the strength of your case. Your attorney can also evaluate the insurance coverage of the at-fault party to determine if it is sufficient to cover your damages. This is particularly important if your damages are extensive and permanent, such as a spinal cord or brain injury. Having adequate insurance coverage will increase your chances of receiving a fair settlement offer from the at-fault party.

Gathering Evidence

The evidence you have in a car accident case plays an important role in establishing your claims, whether in insurance negotiations or in a courtroom. Strong evidence makes your claim more credible and increases the likelihood of obtaining fair compensation for damages.

Depending on the circumstances, it may be necessary to prove not only that the other party was at fault but also the extent of your losses and injuries. This can require a great deal of evidence, including physical and medical records; a thorough analysis of the incident; and witness statements.

When you have the right attorney by your side, he or she can guide you through the process of collecting and preserving this evidence. For example, you should always take photos of the accident scene, vehicle damage, and skid marks. This helps preserve the evidence and prevents it from disappearing over time. Additionally, you should try to get the contact information and statements of anyone who witnessed the accident. This is vitally important because memory can be unreliable, especially in traumatic situations like car accidents. Witness statements can provide objective and unbiased accounts of what happened, eliminating conflicting narratives that could derail your case.

Another important piece of evidence to gather is the official police report that officers create. These reports include critical details and an officer’s determination of fault. If you have any medical records related to your injuries, it’s important to keep copies of these documents, too. These records demonstrate the extent of your injuries, required treatments, and associated costs.

Your attorney can also help you gather other evidence such as video footage, audio recordings, and medical expert testimony. These pieces of evidence can strengthen your claims, helping you obtain the maximum amount of damages. If the other party’s attorney attempts to challenge your claim, your attorney can rebut these arguments with the evidence you have gathered.

In some cases, it may be necessary to use advanced methods of identifying and analyzing evidence such as crash reconstruction and photogrammetry. These techniques can help your lawyer recreate the events of the accident digitally or physically, providing a clearer picture of how the collision occurred. This will make it easier for judges and juries to understand and make decisions based on the facts.

Negotiating with the Insurance Company

Once you’ve completed treatment and gathered and organized all of your evidence, your attorney can begin negotiations with the insurance company. The insurance adjuster’s primary focus is maximizing their company’s profit, so they are looking for ways to settle your claim for as little as possible. This is where an experienced car accident lawyer can make all the difference. They have the legal knowledge and strong evidence to leverage a higher settlement offer.

Negotiating a settlement involves back-and-forth discussions that can last for weeks or even months before reaching a fair resolution. During this time, the insurance company may ask you to give a recorded statement or sign a blanket medical release, both of which can hurt your case. An attorney will prevent you from making a mistake that could compromise your claim.

A good auto accident attorney will also help you calculate your damages and make a demand payment to the insurance company. They will send the insurance adjuster a formal demand packet consisting of a demand letter and an indexed collection of all supporting documentation. This will include copies of all your medical records and bills, proof that you lost wages from missing work as a result of the accident, and other relevant documents. They will take into account any permanent injuries, future medical expenses, and non-economic losses like pain and suffering.

An experienced car accident attorney understands the tactics that insurance companies use to lower settlement offers, and they can anticipate them and prepare accordingly. They can also provide a strong counteroffer to the initial low offer, and can increase your chances of getting a higher settlement.

There is a point in negotiations when insurance agents will no longer budge and will make a final offer, which you can accept or reject. If you reject the offer, you can file a lawsuit against the insurance company in civil court to try to recover more compensation.

When you finally reach a settlement with the insurance company, they will send you a signed agreement and check for your damages. Be sure to read the terms carefully, and make note of any additional conditions or exceptions. Your attorney can help you with this process by ensuring that all of the terms are memorialized in writing and are agreed upon by both parties.

Filing a Claim

Car accident attorneys help their clients understand all applicable laws and ensure they file the claim within the statute of limitations, protecting their rights to compensation. This is especially important in states with no-fault insurance systems that limit the ability to sue the at-fault party.

They also help their clients avoid common mistakes that can derail the case, like prematurely admitting fault or accepting a low settlement offer. They can also assist with complicated claims involving multiple liable parties, including rideshare companies, commercial vehicles, public transportation and sanitation services, corporations, and city or state governments.

Identifying Damages

Auto accident lawyers can determine the full value of a client’s injuries and losses. They take into account current and future medical treatment costs, loss of income, property damage, and emotional impact of the accident. Additionally, they can calculate non-economic damages such as pain and suffering.

They may conduct an initial consultation with the injured party to examine the details of the case and make a thorough investigation. They will then review the evidence and documentation to evaluate liability, damages and other factors to determine whether a fair settlement is possible. In cases where a settlement is not possible, they will evaluate the possibility of taking the case to trial.

During the trial, they will present all available evidence to support their client’s case and argue for a maximum settlement award. They will also use expert witnesses such as accident reconstruction experts, doctors, and nurses to strengthen the argument.

An experienced car accident attorney can help their client build a strong case, negotiate with the insurance company, and recover the compensation they need to get back on their feet after an accident. Considering the high stakes, it’s essential to work with an attorney who has experience handling these kinds of claims and is committed to fighting for their client’s rights. An attorney that works on a contingency fee basis is a great option, as they only get paid if they win the case. They can also offer free case evaluations to give potential clients a feel for their approach and dedication.