What Is an Accident Claim Lawyer?
With some car accidents, victims may get the runaround from an insurance company. Even if a provider honors an accident claim, insurance companies often do everything possible to settle for the lowest amount. Victims dealing with medical bills, recovering from injuries and missing work may not have the energy or background to go up against unscrupulous companies. Working with an accident claim lawyer helps injured parties understand the law and have a better chance of receiving the full compensation amount that they deserve.
Examples of common auto accident damages that legal representatives help clients recover include pain and suffering, lost wages, vehicle repair/replacement and medical treatment. Besides immediate medical bills, lawyers help clients cover future medical expenses. This can include things such as rehabilitation, physical therapy and loss of earning capacity. Even a minor car accident can trigger major, long-term injuries. Accident claim legal professionals have access to resources that help victims understand the severity of their injuries.
How Does an Accident Claim Lawyer Help Clients Understand Their Rights?
Personal injury laws differ from state to state. Also, laws change over time, which can make it difficult for residents to keep up with the latest developments. For instance, states are either “no-fault” or “at-fault” states. In a no-fault state, drivers bear financial responsibility for all medical and vehicle damage bills resulting from an accident, no matter who the negligent party is. Still, in some no-fault states, car accident victims may be able to sue the other driver for damages that exceed the victim’s insurance coverage. In at-fault states, also called “tort states,” individuals bear financial responsibility for auto accidents that they cause. Lawyers help clients gather evidence to build a case and determine which party bears liability for an incident.
How Does an Accident Claim Lawyer Help With the Other Driver’s Insurance Provider?
All parties in an auto accident must be careful about what they say to an insurance agent, no matter who caused the event. Don’t risk saying something that may result in a claim denial or an unfairly reduced claim amount. Parties should leave communicating with insurance companies to legal professionals. Legal representatives know what to say to claims adjusters, and they know how to answer questions properly.
How Does an Accident Claim Lawyer Help Clients Gather Evidence?
In auto accidents, parties must gather evidence of liability and damages. Taking pictures of the accident scene and requesting a police report are solid starting points for collecting evidence. Motor vehicle accident attorneys go one step further by consulting with additional professionals to gather more evidence to establish liability. Knowledge of specific state traffic laws also helps establish fault.
Accident claims require victims to collect evidence of damages. Some medical bills and records are easy for patients to access, but others require proper knowledge and resources for victims to collect. For instance, a physician with a small practice may lack the personnel to send patients their medical records quickly. Larger medical care facilities may have rigid medical record request rules and procedures, which they may not make public knowledge. Without knowing how things work, patients may never receive a response to their request. Even then, when a hospital honors a record request, the records could be incomplete. It is not unusual for lawyers to request the same record several times.
How Does an Accident Claim Lawyer Help With Lien Holders?
Someone may get into an auto accident while driving a company or personal vehicle for a business errand. Even if the employer has workers’ compensation insurance, the extent of damages may exceed policy limits. The injured employee may have to sue the responsible party to make up the difference, and the workers’ comp provider can place a lien on the claim. That means the insurer gets money from the settlement before the injured individual.
Auto accident lawyers can negotiate with workers’ comp providers and other lien holders to persuade the holder to reduce the legal claim. This allows injured parties to recover more compensation.
How Does a Lawyer Help Negotiate Settlements?
Reaching the settlement phase of a claim does not mean accident victims should lower their guard and celebrate early. Lawyers have the skills and experience to reach a fair settlement with insurance companies and legal defendants. Reaching a fair settlement involves understanding the full extent of damages that apply to a specific case. On the other hand, an attorney may feel that it is best to take a case to court rather than settle with an insurance company that refuses to compromise or pay victims their fair compensation amount.
How Does an Accident Claim Lawyer Help At-Fault Parties?
Sometimes, at-fault parties should hire a legal defendant. While looking into an accident, a legal advocate may discover that the victim bears partial responsibility for the incident. If so, the victim may receive reduced compensation according to that person’s percentage of fault, depending on the state.
With “modified comparative fault,” a partially liable victim can seek damages from the other party, but only if the victim bears less fault for the accident when compared to the other party. Say that the victim bears 30% fault in a car accident that resulted in damages worth $100,000. In a modified comparative fault statue, the victim would only recover $70,000. If the victim bears more than 50% or 51% fault, depending on the state, suing the other person could no longer be an option. Lawyers help prevent at-fault parties from paying for more than they bear responsibility for in an accident.
Work With an Experienced Local Lawyer
If you were recently involved in an auto accident, consult with a reputable legal advocate in your state to determine how much your claim or case is worth. Even if you think that you bear the brunt of the blame for an accident, talking with a legal professional could help you realize that the other party has a part to play in the incident. Either way, you deserve legal insight to protect your financial health and your rights. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!