What do car accident lawyers do?

Auto accidents are all too common in all parts of the US. A serious auto accident can cause severe injuries that affect your life for weeks, months, or permanently. If another driver caused the crash, you should speak to car accident lawyers in Tulsa today. Car accident lawyers ensure your rights are respected and you receive fair compensation for your losses. Some of the compensation possible in a successful claim are current and future medical expenses, lost income, and pain and suffering.

Learn more about what car accident attorneys do below. Then, speak to a car accident attorney in your community today for a complimentary consultation.

Your Rights After A Car Accident

If another driver injures you in a car accident, you should not have to pay for your medical bills, lost income, and pain and suffering yourself. State law allows you to file a personal injury claim or lawsuit to obtain compensation for your injuries and other damages. Receiving damages after a car accident requires you to prove the following:

The other driver had a duty of care. For example, motorists have a duty of care to drive safely, obey the law, and not injure others.
The other driver violated their duty of care. An example would be if they ran a red light and hit your car.
The breach of duty caused your injuries: For instance, you broke your arm when the other car hit you.
You have damages related to the injuries: You might have medical bills, lost income, physical pain, and mental anguish. The idea behind a settlement is to compensate you for these losses and make you whole again.

It isn’t enough to claim that another driver caused the accident that injured you. Their liability must be proven with evidence. This is where a car accident lawyer plays a critical role in your future. Your attorney’s primary role focuses on proving that another party injured you so that you can receive compensation.

How A Car Accident Attorney Can Help You

Accident Investigation After a severe car accident, you aren’t required to hire an attorney. You can file a car accident claim on your and/or the other driver’s insurance policy. Handling the claim yourself may work well if it is a minor accident without injuries. However, hiring a car accident lawyer is strongly advised if you have severe injuries and property damage. Some of the critical roles your attorney will play are:

Accident Investigation And Evidence Collection

You must prove that another party violated the duty of care and injured you. Proving liability means investigating the accident and gathering convincing evidence. A car accident attorney specializes in this process. Your attorney will look into the crash and evidence to prove that another party caused the accident.

Evidence they may rely on to prove liability to the insurance company may include:

Crash scene photos and videos: Turn over any crash scene photos and videos you or others took before first responders moved the vehicles. Vehicle position and damages can help determine who caused the crash. Your attorney may turn this evidence over to accident reconstruction experts to prove how the crash happened.
Surveillance video: Many businesses have cameras that may have caught the accident. Your attorney can subpoena any surveillance video footage that supports your story.
Eyewitness testimony: Eyewitnesses supporting your story may be critical to proving fault. Your car accident lawyer will talk to any eyewitnesses to get their sworn statements. Obtain all eyewitness names and contact details at the crash scene and give them to your lawyer.
Physical evidence: Your attorney and their accident reconstruction team will examine the damaged vehicles, tire marks on the pavement, and any other physical evidence to determine the cause of the accident.

Your attorney will assemble all the accident evidence to prove that another party caused the crash. If so, your car accident lawyer will use this information to have the other driver’s insurance company pay you a settlement.

Calculate Your Damages

Serious auto accidents usually cause severe injuries. These injuries may include broken bones, head trauma, neck and back injuries, internal injuries, burns, cuts and scrapes, etc. Anyone with these types of injuries should never attempt to negotiate their settlement. You’ll always end up with less than you should.

Someone with severe injuries may have tens or hundreds of thousands in current and future medical bills and rehabilitation. A critical attorney’s role is to understand your medical expenses and prognosis so they can calculate how much money you need to reach maximum medical improvement (MMI).

Your attorney will also review how much income you lost after the accident and how much you will lose in the future. They may rely on economic and vocational experts to prove the lost future income you may have. If you have a long-term injury, you may also be due compensation for lost ability to earn a living.

Negotiate With Insurance Companies

Once liability is assigned, your attorney will begin negotiations with the appropriate insurance company for a settlement. Most personal injury claims result in a settlement, not a court case. It is usually to the plaintiff’s and defendant’s benefit to settle the case instead of going to trial. Court trials take time, cost money, and the result is uncertain. It is usually better for you to receive a settlement today than wait for a jury verdict. You might get more money at trial, but it isn’t guaranteed. A settlement gets you money sooner, and it’s guaranteed once the paperwork is signed.

Your attorney will negotiate effectively for the best settlement for your medical bills, lost income, and pain and suffering. If the insurance company doesn’t pay enough for your losses, they may take the case to court. Sometimes, the insurance company does not want to offer a fair settlement and would roll the dice in court.

Litigation

If the insurance company won’t give you a fair settlement, your car accident attorney has the legal skills to take the case to court. They will build the best case to convince a jury of your peers that you deserve adequate compensation for your injuries and other losses. Remember that your case can still be settled before the jury reads its verdict.

Litigation is usually a last resort because the outcome isn’t assured. However, your attorney will know whether going to court is worth the risk. An experienced car accident lawyer won’t go to trial unless they have high confidence in the result. After all, they aren’t compensated if they don’t win the case.

Handle All Legal Paperwork And Communications

Handle Legal Paperwork Your car accident attorney will handle all paperwork and communications related to your case. You will only need to provide updates and information your attorney requests occasionally. You can concentrate on healing your injuries; your lawyer will handle the rest.

Help Obtain Medical Care

Sometimes, car accident victims have difficulty finding medical professionals to treat their injuries. The problem is that you may be unable to pay for their services until the settlement is final. Your attorney may have contacts with medical professionals who will treat you and wait for payment after the case is resolved.

This process involves establishing a medical lien on your settlement or case award. When the case is final and money is sent to your attorney, any medical bills outstanding will be paid, as well as any legal fees. Many attorneys help their personal injury clients obtain medical care that would have been difficult to find.

What Happens If You Don’t Hire A Car Accident Attorney?

Minor accidents without injuries may not require an attorney to help. With an accident with serious injuries, though, you should always have an attorney represent you.

If you don’t, you will have to deal with the insurance company on your own. Auto insurance companies usually take advantage of injured clients who don’t have an attorney. You will probably get less for your losses than you should. Getting underpaid for your medical bills and other damages can be disastrous.

For example, suppose you negotiate a $10,000 settlement with the other driver’s insurance company. You thought that amount would suffice for your medical bills. However, you discover that your back still hurts after the case is settled, and you cannot work. You need back surgery to correct a ruptured disc that was damaged in the accident, and you can’t work for at least a month.

There is no recourse. You settled the case for $10,000 and cannot negotiate more. A car accident attorney would have known to understand your back injury prognosis and deal accordingly with the insurance company. It is an example, but it often happens when an injury victim settles their case. Your attorney will make sure you receive enough compensation for a full recovery.

What Compensation Can A Car Accident Attorney Obtain For You?

Car accidents cause many substantial losses. They may range from a destroyed vehicle to physical injuries, as well as physical and emotional pain and suffering. Your car accident lawyer will pinpoint all of the economic and non-economic losses you suffered. You can receive payment for the following after your auto accident:

Money to repair or replace your vehicle
Cost of current medical bills
Cost of future medical bills and rehabilitation for severe injuries
Lost earnings for the time you have missed because of injuries
Physical pain and suffering from injuries and medical treatments
Mental and emotional anguish from injuries and medical treatments
Funeral expenses if you lost your loved one in an auto accident

How much can you receive in your auto accident settlement? There is no average settlement amount; every case and injury is different. However, car accident attorneys know that auto accident settlement amounts usually depend on these factors:

Severity of injuries: The more severe your injuries, the higher the settlement will be. For example, a serious head injury requiring surgery and rehabilitation will be worth far more than a broken arm or leg. Long-term injuries that last for months or years or are permanent have a higher case value than those resolved after a few weeks or months.
Complexity of medical treatments: A case that requires more complicated medical treatments will have a higher value. A severe head injury will require hospitalization, surgery, and rehabilitation, which can cost six or even seven figures.
Amount of insurance available: Many auto accident cases settle for insurance limits. While every state requires drivers to carry auto insurance, state minimums are low. Many drivers only have $30,000 in bodily injury coverage per person. That small amount can be used in the hospital after a day or two. Your car accident attorney will search for other insurance policies to cover your losses. If the driver didn’t have insurance, your lawyer may assist with filing an uninsured driver claim on your policy.
Fault: Is the fault for the car accident clear? Then, the case may settle for more. You may receive less in your settlement if you were partially at fault.
Having a car accident attorney: Retaining a solid car accident attorney from the start of the case will help you get the best settlement. Not hiring an attorney or waiting until your claim is denied may lead to a less favorable result.

Speak To A Car Accident Attorney Today

You suffered an injury in a car accident when another driver hit you. Medical bills are stacked on the table, and you haven’t been to work in a month. What should you do? Call a car accident attorney immediately. A personal injury attorney with car accident claim experience will ensure you receive fair compensation for your losses.

For a free consultation, speak to a personal injury lawyer in Tulsa today. You do not pay out-of-pocket legal expenses to speak with or hire your car accident attorney. Anything they are paid will come from your settlement or jury award, so there’s no risk or cost to you.

Time is short if you need to file a lawsuit, so never wait to take action.