If you or a loved one have been in a car accident that was caused by someone’s negligence, you have the right to seek compensation from the at-fault party. The courts allow victims to represent themselves in litigation.
However, it is strongly advised that you retain an experienced California accident law firm to represent you. Before making a decision, consider some of the valuable services that an attorney may provide to you.
Understanding the Law
Perhaps the most obvious reason to hire a car accident lawyer is to have someone on your side with extensive knowledge of personal injury law. In California, the victim (plaintiff) must prove these four elements of a car accident claim:
- Duty of care ─ This means that the at-fault party (defendant) owed the plaintiff a duty to avoid causing reasonably foreseeable harm. For example, motorists have an obligation to obey traffic laws.
- Breach ─ A breach is an act or omission that causes the defendant to violate the duty of care. Driving while intoxicated is an example.
- Causation ─ The breach must be the cause of the victim’s injuries. Causation can be more complicated when multiple defendants are involved.
- Damages ─ Finally, the victim must substantiate the damages he or she suffered such as medical bills, lost time from work, pain and suffering, and property damage.
There are also court decisions that interpret the law. Your attorney should have a working understanding of case law and how it may impact your accident claim.
Understanding Court Rules and Procedures
Source: recordsfinder.com
Attorneys also understand the various rules and procedures that govern car accident cases. They include:
- Civil procedure ─ The rules of civil procedure concern court paperwork that is filed, notices, motions, judgments, and much more.
- Discovery ─ This is a specific part of the civil procedure rules that concerns the request and exchange of relevant documents and court rules between the parties.
- Evidence ─ Rules of evidence help ensure that evidence admitted to court is relevant and reliable.
- Local court rules ─ There are also local rules of court with which your attorney should be familiar.
Investigating the Accident
The car accident victim always bears the burden of proof when it comes to establishing the above-mentioned elements of a car accident lawsuit. An attorney can help obtain the evidence needed to support the accident claim by conducting a thorough investigation. Some of the evidence may include:
- Pictures and videos of the accident scene and the victim’s injuries
- The victim’s medical bills
- Work records pertaining to time missed because of the accident
- Dash cam and surveillance camera footage
- Eyewitness statements
- The victim’s personal notes and recollection of the accident
- Expert witness testimony, for example from accident reconstructionists
An investigation can also reveal the various parties that may be held liable for a car accident. Besides the at-fault driver, these individuals and entities could be responsible:
- The manufacturer of the vehicle or parts of the vehicle, if a malfunction caused the accident
- Repair shops and mechanics for doing poor work on the automobile
- Construction companies if they do negligent road work that causes a wreck
- Governmental entities that failed to maintain roads in a safe condition
- Bars and restaurants that served too much alcohol to a drunk driver
Valuing Your Claim
Source: national-accident-helpline.co.uk
After being in an accident, you may be tempted to accept a quick settlement offer from the insurance company. But are you sure that all of your losses have been accounted for? Insurance companies are usually reluctant to pay much, if anything, for certain so-called non-economic damages like pain and suffering.
The value of these damages is harder to quantify, but an attorney can help make sure that you are compensated nonetheless.
In addition, you should see to it that any future damages you may incur because of your accident have been covered. You might need medical treatments months or even years after your accident. On the other hand, your injuries may have made it impossible for you to work the same job, which will cost you substantially in terms of lost future wages and benefits.
These and other future damages should be included in any settlement offer you accept. But if you don’t negotiate for them, you won’t get another chance to ask for them later after you’ve signed the settlement.
Expert witnesses such as medical and vocational experts can explain how your injuries will impact your future health and job prospects. This information will then be used to calculate a fair settlement demand.
Negotiating With the Insurance Companies
It is strongly recommended that you don’t handle communications with the insurance company on your own. Insurers have a number of schemes they use to underpay or even deny valid claims, and they will use anything they can get their hands on against you.
An experienced car accident lawyer will negotiate with the insurance company on your behalf so you can focus on recovering from your injuries.
Many cases are settled out of court in a process known as mediation. This involves a neutral third party, known as a mediator, who facilitates productive settlement negotiations but does not take a side or make a decision as to liability.
A mediator will help the parties reach a mutually agreeable compromise that can avoid the time and hassle of a trial. An attorney can represent you during mediation to help you weigh the benefits of settlement versus the risks of trial, and to make sure you understand the legal consequences of any terms you agree to.
Taking Your Case to Court
Source: wired.com
Ultimately, if the insurance company refuses to negotiate your accident claim in good faith, it may be necessary to take your case to court. Your attorney’s experience with the law, court decisions, rules, and procedures will prove necessary to make sure you don’t jeopardize your case or undermine the value of your claim.
Even after your trial commences, settlement with the at-fault party remains a possibility, so your attorney will remain open to that.
Speak With A Knowledgeable Car Accident Attorney Today
After a car crash, you owe it to yourself and your family to fully explore your legal options. Talk to a California accident law firm to find out how an attorney can help you present the strongest possible claim for the maximum amount of compensation. A lawyer can answer your questions and concerns so you can make an informed decision about which steps you should take next.
