Accident Attorney – Your Guide to Finding the Right One

Being involved in an accident can be a traumatic and stressful experience. You may have suffered injuries, property damage, lost wages, and more. Having an experienced accident attorney on your side can make all the difference in getting the compensation you deserve. This guide will provide an overview of accident attorneys, when you need one, and how to find the right one for your situation.

What is an Accident Attorney?

An accident attorney is a lawyer who specializes in helping accident victims get compensation for their injuries, damages and losses. They have extensive knowledge of personal injury law, insurance policies, and negotiation tactics to get their clients fair settlements.

Some of the common types of accident attorneys include:

• Car accident lawyers – Represent victims of auto accidents like rear-end collisions, rollovers, and pedestrian accidents.
• Truck accident lawyers – Handle collisions involving large trucks like 18-wheelers and commercial vehicles.
• Motorcycle accident lawyers – Assist victims of motorcycle crashes caused by other motorists.
• Slip and fall lawyers – Represent pedestrians who slipped, tripped or fell on someone else’s unsafe property.
• Medical malpractice lawyers – Sue doctors, nurses and hospitals for injuries caused by poor medical care.
• Wrongful death lawyers – Seek compensation for families who lost a loved one due to another party’s negligence.

The right accident lawyer for you depends on the type of accident you were involved in. Make sure to choose an attorney who routinely handles cases just like yours.

When Do You Need an Accident Attorney?

After being injured in an accident, you may wonder if you really need to hire a lawyer or if you can handle it yourself. Here are some key times when it pays to have an experienced accident attorney on your side:

You Suffered Serious Injuries

If you were seriously injured with broken bones, head trauma, burns, spinal cord damage or other life-altering injuries, you will likely have substantial medical bills and lost income. An attorney can document evidence to prove liability and seek the maximum compensation you will need for recovery and lost wages.

The Insurance Company is Not Cooperating

Insurance adjusters represent the company’s interests, not yours. If the insurer is delaying your claim, refusing to pay or is giving you the runaround, a lawyer can aggressively negotiate on your behalf. An attorney levels the playing field against their team of lawyers.

Multiple Parties May Be Liable

When multiple parties like drivers, pedestrians, manufacturers or property owners contributed to an accident, liability gets complicated. Having a lawyer pinpoint each party’s negligence and pursue them for compensation is crucial.

You Do Not Fully Understand Your Legal Options

Those seriously injured often do not realize all the damages they can claim, like loss of enjoyment of life, future medical costs and pain and suffering. An experienced lawyer will pursue full compensation under the law that you did not even know was available.

While every accident situation is different, having an attorney is advisable if any of the above apply to you. An accident lawyer has the savvy to successfully fight for maximum compensation when you need it most.

How Accident Attorneys Prove Fault and Liability

Establishing who is at fault and liable for damages is critical to reaching a fair settlement or court award. Accident lawyers use a variety of evidence and strategies to build a strong case proving liability:

• Police accident reports – Officers document important evidence like motorist statements, skid marks, weather conditions, citations issued and their assessment of fault.
• Photographs and video – Pictures and video footage from phones and security cameras capture damage, injuries, unsafe property conditions and other important visual evidence.
• Black box data – Black boxes in cars record speed, braking and more that lawyers can use to show driving negligence.
• Expert testimony – Accident reconstruction experts, doctors and engineers can provide opinions on causation and damages.
• Witness statements – Eyewitness accounts provide critical context on what parties were at fault.
• Evidence preservation – Lawyers make sure key evidence is preserved, including securing vehicles and inspection of unsafe property.
• Discovery tools – Interrogatories, requests for production of documents and depositions help establish liability facts.
• Investigators – Accident investigators may visit the scene, measure skid marks and more to recreate how the incident occurred.

Pursuing every avenue to prove fault allows accident attorneys to maximize their client’s financial recovery.

Steps an Accident Attorney Takes on Your Case

When you retain an accident attorney, you can expect them to take the following key steps on your behalf:

1. Case Investigation and Evidence Gathering

Your lawyer will start by gathering police reports, visiting the accident scene, interviewing witnesses, taking photographs and more. Reconstructing how the incident occurred helps prove liability.

2. Tracking Your Medical Treatment

Your attorney will stay updated on your treatment status, therapies and prognosis. This record of medical expenses will feed into the damages demand.

3. Dealing with Insurance Companies

Lawyers will handle all communications with insurers. They submit claims documentation, negotiate fair settlements and push back against lowball offers.

4. Determining All Liable Parties

Lawyers will identify every liable party that contributed to the accident, even non-obvious ones like manufacturers. Targeting multiple defendants maximizes compensation.

5. Sending Demand Letters

These letters formally demand insurers and defendants pay damages. Demand letters start negotiations, show the attorney is serious, and preserves legal rights.

6. Filing a Lawsuit if Necessary

If an adequate settlement offer is not made, lawyers prepare lawsuits demonstrating how the defendants were negligent and owe damages.

7. Aiming for Settlements or Trial Wins

At every stage, lawyers work towards negotiating a fair settlement or taking the case to trial for a court victory. Their experience gives clients leverage.

Having an attorney handle these aspects of your injury claim reduces stress and puts you in the best position to recover losses.

Questions to Ask When Choosing an Accident Attorney

Not all accident attorneys have the same track record of success. When researching lawyers to hire, you should ask:

• How many years have you practiced personal injury law? Look for 5+ years handling accident cases.
• What is your case success rate? Aim for a 70% or higher settlement and trial win rate.
• What types of accident cases have you handled that are similar to mine? Find a lawyer experienced in your type of case.
• Are you licensed in my state? Attorneys must be licensed in the state where representing you.
• What professional associations do you belong to? Memberships indicate commitment to ongoing legal education.
• Will you personally handle my case or pass it off to an associate? Insist on attorney involvement.
• How quickly do you start working on new cases? Beware firms that are overloaded.
• What are your legal fees? Find out their fee structure and costs.
• What can I expect at each stage of my case? Gauge their responsiveness and communication style.

Choosing the right accident attorney takes research to find someone with proven expertise. They should demonstrate professionalism and make you feel comfortable entrusting them with your injury claim.

Negotiation Tactics Used by Accident Lawyers

Seasoned accident lawyers have refined negotiation skills to settle cases effectively. They employ tactics like:

• Starting high – Attorneys ask for more than they think a case is worth at first, leaving room to negotiate down.
• Making a range demand – A demand letter may state a settlement range, like $50,000 to $100,000. This shows flexibility.
• Sweetening the deal – Lawyers may offer incentives like agreeing not to go after certain assets if a deal is made.
• Taking things slow – Drawing out negotiations can bring the other side to the table as bills add up.
• Having a bottom line – The lowest acceptable amount the attorney will settle for is crucial not to sell out too low.
• Threatening trial – Defendants often want to avoid a risky jury trial. The attorney may leverage this fear in negotiations.
• Offering payment plans – Structured settlements over time can ease financial pain for defendants.
• Bluffing – Lawyers may pretend they have strong evidence they don’t yet have to gain leverage in talks.
• Counteroffering – After a low offer, attorneys make realistic counteroffers raising the stakes.
• Sweetening the deal – Offering incentives like payment plans and dropping claims against individuals can grease negotiations.
• Taking things slow – Refusing to rush talks puts time pressure on defendants anxious for resolution.

When represented by an experienced negotiator, clients are more likely get full and fair compensation.

Is There Ever a Need to Go to Trial?

Most accident cases settle out of court before ever going to trial. However, sometimes going to trial is the only way for an accident victim to secure maximum compensation for their damages. Reasons attorneys may head to trial include:

• Defendants refuse to make a fair settlement offer. Bringing the case before a judge and jury forces them to resolve the matter.
• Significant disagreements exist over liability facts and who is at fault. A trial helps establish fault and causation.
• Severe damages warrant much higher compensation than what insurance companies offer. Trials enable getting fuller jury awards.
• Defendants stubbornly deny any responsibility. Trial judgments establish legal liability.
• Change is needed in the safety practices of companies who refuse to take responsibility for accidents. Jury verdicts motivate improvements.
• Taking depositions uncovers new information or weaknesses in the defense case best presented at trial.
• The plaintiff insists on holding negligent parties fully accountable with a public trial, regardless of settlement offers.

While trials are unpredictable, tort cases with strong evidence of egregious liability often justify taking the matter all the way before a jury.

What to Expect if Your Case Goes to Trial

If your accident attorney advises going to trial for maximum compensation, here is what you can expect:

Jury Selection

Attorneys will question and screen a jury pool to seat objective jurors who will evaluate evidence fairly. Complex cases may have longer jury selection.

Opening Statements

Lawyers will summarize their main arguments and evidence for each side that they will present more fully during trial.

Witness Testimony

Fact witnesses and expert witnesses take the stand to testify to what they saw and their professional opinions that help establish liability and damages. Witnesses are cross-examined by opposing counsel.

Evidence Presentation

Relevant documents, photographs, videos, police reports and other evidence are submitted. Physical evidence like defective car parts may also be shown.

Closing Arguments

The final statements before the jury deliberates, where lawyers rehash the most persuasive evidence and arguments supporting their case.

Jury Deliberation

The jurors debate amongst themselves the facts of the case to decide if the defendant is liable and damages to award the plaintiff if so.

Verdict

The jury’s decision is announced in court. If the verdict favors the plaintiff, the judge enters a judgment requiring defendant compensation. Appeals may still occur after.

While emotionally taxing, for some accident victims, a trial is the only way towards just closure and compensation.

Costs of Hiring an Accident Attorney

The costs of hiring an accident attorney include:

Contingency Fees – Most accident lawyers work on contingency, meaning they only collect a percentage fee if they successfully recover compensation for you. Fees range from 25% to 40% of your total settlement or award.

Case Expenses – Lawyers front expenses like court filing fees, expert witnesses, investigations and more. These costs are reimbursed out of your settlement.

Retainers – Some firms require an upfront retainer, with unused amounts refunded back to you at the case conclusion. Retainers can range from $1,000-$5,000.

Associate Attorney Fees – Larger law firms may have associates assist on your case who bill at hourly rates of $100-$300.

Trial Costs – Taking a case to trial accrues higher legal preparation work, court fees, and other expenses. But trials often gain higher rewards.

The right lawyer helps accident victims maximize compensation despite legal costs. Be sure to understand fee arrangements during attorney consultations.

How Accident Lawyers Calculate Settlement Value

Calculating what a personal injury settlement should pay is complex. Accident lawyers consider these factors:

• Medical bills – Current and estimated future medical costs like surgeries, therapy and prescriptions.
• Lost income – The past wages lost being out of work plus future diminished earning capacity.
• Property damages – Repair or replacement costs for damaged vehicles, home repairs and personal belongings.
• Pain and suffering – Compensation for physical and emotional distress from injuries and trauma. Typically multiplied by 3-5 times economic damages.
• Loss of enjoyment of life – For hobbies, activities and quality of life now limited by permanent injuries.
• Disfigurement damages – For permanent scars, burns and damage like loss of limb.
• Wrongful death damages – Loss of companionship and financial support when a loved one is killed.
• Punitive damages – Additional amounts juries may award to punish gross negligence or misconduct.
• Comparative negligence reduction – If you are partially at fault, your compensation is reduced by your percentage of fault.

Experienced personal injury lawyers know how to quantify even hard to determine damages like pain and suffering into fair settlement demands.

Steps to Take After an Accident Before Calling a Lawyer

Those injured should take these steps immediately after an accident before contacting an attorney:

• Report the incident – File a formal report with police or appropriate authorities. Get a copy of the report.
• Document the scene – Take photos of damage, conditions, street signs, etc. Police may not thoroughly document.
• Get witness contacts – Get names and phone numbers of anyone who saw the accident if possible. Memories fade.
• Seek medical care – Seek whatever medical care is needed, even just emergency room screening. Follow-up care is critical.
• Do not admit fault – Do not say you were at fault or accept blame to anyone other than your attorney. It can undermine your claim.
• Keep records – Maintain records of doctor visits, bills, auto repair estimates and other important paperwork.
• Avoid signing releases – Reject signing any liability waivers or releases from insurance companies or other parties.
• Keep a journal – Document pain levels, treatment, inability to work, appointments, and interactions involving the accident and your injuries.

Taking these proactive steps helps accident lawyers investigate liability, prove damages, and pursue fair compensation for your injuries.

Most Common Types of Accident Cases

While accident attorneys handle a wide variety of injury cases, these are among the most common:

Car Accidents

Car crashes cause over 2 million injuries annually across rear-end, head-on, rollover, and other collisions. Victims suffer whiplash, back injuries, broken bones, spinal cord paralysis, and head trauma. Auto liability insurance is the primary source of damages payment.

Truck Accidents

Collisions with large 18-wheelers or commercial trucks cause severe injuries. Complex rules govern the trucking industry. Lawyers identify all liable parties like truck companies, manufacturers, maintenance firms, and more.

Motorcycle Accidents

Motorcyclists involved in crashes face severe leg and head injuries, road rash, spinal damage, and death. Lawyers must overcome juror biases against motorcyclists to prove larger vehicles were at fault.

Premises Liability

Injuries occur due to unsafe conditions in stores, restaurants, hotels and other business properties. Slip and falls due to wet floors, uneven stairs, poor lighting, defects, and lack of maintenance can be grounds for sizable damages.

Workplace Accidents

Injured workers are entitled to workers compensation benefits. Lawyers help navigate the complex system and take additional legal action against negligent third parties who caused accidents.

Medical Malpractice

If negligent medical care by a doctor, nurse, or health provider caused injuries, malpractice lawsuits can recover significant compensation for victims. These cases require extensive litigation resources.

Wrongful Death

Families who lost a loved one due to someone else’s negligence can bring a wrongful death lawsuit to hold the parties accountable. While no amount of money can ever replace a loved one, it helps the grieving process and replaces financial support.

The right lawyer for you depends on your specific accident circumstances. Do your research to retain an attorney experienced in handling cases just like yours.

Key Steps in the Accident Claim Process

The timeline varies, but these are typical steps in the accident claim process:

Step 1: Schedule a Consultation – Retain a lawyer for representation

Step 2: Investigation – Attorney gathers police reports, visit accident scene, take photos and interview witnesses.

Step 3: Send Demand Letter – Attorney sends an initial demand letter to all liable insurers and parties.

Step 4: Medical Treatment – Stay focused on doctor visits, therapy and treatment to document injury costs.

Step 5: Negotiation – Attorney negotiates a settlement, counteroffers back and forth multiple times through demands and offers.

Step 6: Settlement Agreement – If a negotiated settlement is reached, it is documented in a settlement agreement and release.

Step 7: Lawsuit – If responsible parties do not make a fair offer, a personal injury lawsuit is filed.

Step 8: Pretrial Motions – Lawyers file motions arguing issues like liability facts and discovery disputes.

Step 9: Trial – If no settlement is reached, the case proceeds to a trial before a judge or jury.

Step 10: Verdict – The court decides if the plaintiff is owed damages and how much. Appeals may still follow.

This entire process often takes 1-2 years depending on case complexity and how quickly a fair settlement is reached. Having an attorney avoids the stress of navigating these legal complexities.