You were in a car accident that disrupted your life. You have injuries that require medical care, police reports to file, and insurance claims to initiate. Fortunately, professional help is available with the legal process, and you never have to face it alone.
When you are in a car accident caused by someone else, you must take aggressive action to protect your rights. Relying on a car accident attorney can be critical to maximizing your compensation, recovering the damages you rightfully are owed. You need to know what the law provides for you, what rules you must follow, and what steps to take to make sure you receive compensation owed to you.
Consider what a car accident lawyer does. Look at all of the ways a car accident attorney will work to resolve your struggles and provide you with the resources you need. Then, schedule your free consultation with a car accident attorney in Bakersfield to begin the legal process.
Helping You With the Insurance Claims Process
Your car accident attorney plays a pivotal role in the claims process. After a car accident where someone else caused you injuries, you must request compensation from the at-fault party’s liability insurance to cover your costs. That seems like it should be simple, but it rarely is. Your lawyer will handle every stage of this process, including:
- Determining who is at fault
- Determining the value of your case
- Creating the claim for you
- Filing a lawsuit to fight for the compensation owed to you
- Provide you with trial support and representation if necessary
- Negotiate a fair claim on your behalf
These are all critical components of the process of recovering damages after a car accident, and it is always critical to have legal representation throughout the process. Car accident attorneys have proven strategies and tools to best navigate your claim process.
Providing You With a Free Consultation Starts the Process
When you start the conversation with a legal team, you can get clarifying answers about your rights. If the insurance company already made an offer or is pressuring you to make recorded statements or provide your entire history of medical records, you should always meet with an experienced car accident lawyer now before you agree to anything.
During your free consultation, you will learn:
- If the insurance company is offering a fair settlement
- What your claim is likely worth based on initial impressions and documentation
- What legal strategies may be available to you to help your compensation recovery
A car accident attorney provides these services at no cost to you. That means there is no risk if you do not have a case or do not want to move forward after reaching out to an attorney.
Determining Who Is at Fault
One of the primary steps a car accident lawyer will take in this process is determining fault or trying to understand who caused the car accident and who is responsible. To determine fault, your lawyer will do several things:
- Gather evidence in the case to reconstruct what happened and who was liable
- Use the police report to gather additional information, including traffic citations against the other driver
- Talk to any available witnesses to what occurred and get their statements
- Pull any available information from the other driver to determine fault, such as commercial truck logs demonstrating fitness as well as lab reports that may indicate intoxication following a DUI arrest
A car accident lawyer can file a claim against all liable parties once all evidence is available.
Determining Your Losses
Many clients expect to receive compensation based on their medical bills. That is one form of compensation you are likely entitled to receive, but it is far from the only type of loss you might incur from a crash. By hiring an experienced car accident attorney, most victims learn they are owed far more than what they initially anticipated.
Some examples of the types of damages you may be owed, which your attorney will work to demonstrate, include the following.
Economic Losses
You should seek coverage of all medical costs for the car accident-related injuries. Some examples include:
- Hospitalization
- Surgical procedures
- Specialist care
- Emergency room costs
- Ongoing rehabilitation
- Medications
- Cosmetic surgery to repair scarring or disfigurement
- Ongoing medical care and support in your home
Lost time and income at work may also be a core component of your losses if you are in the workforce. This includes any financial losses due to being out of work due to your injuries. You may also seek compensation for any property damage, including damage to your car.
Non-Economic Losses
Your attorney will also diligently work to determine how the accident has impacted your well-being and life in general. Pain and suffering is a common example of intangible losses that come from crash-related injuries, and the non-economic damages your attorney might seek include:
- Loss of quality of life
- Loss of earning capacity
- Pain and suffering, both physical and emotional
- Ongoing chronic pain development
- Loss of consortium
- Loss of companionship
- Emotional distress and trauma, such as PTSD
Calculating both economic and non-economic losses gives your car accident attorney a strong indication of what your case is worth. While doing this, a skilled attorney will also look for evidence that backs up those claims.
For example, to prove you are facing emotional turmoil, they may seek records from your therapist, who can document your diagnosis of post-traumatic stress disorder. To prove your loss of ability to earn an income, an attorney can seek records from your employer. Friends and family can also offer supportive statements to prove your losses.
After calculating all of your losses, your car accident lawyer then goes to work filing a claim for you. They submit a demand and all supporting information to the insurance company.
Submitting and Managing the Claim
Just providing the insurance company with a letter demanding a certain amount of money is not likely to lead to the results you need. You also must provide evidence, necessary medical records, and documentation to justify your losses.
Your attorney will take several additional steps for you at this point:
- Answer all the questions the insurance company may have, which can help defray any long waits for answers or denials for coverage.
- Safeguard your medical records and personal data, as they know what the insurance company truly needs and does not need.
- Provide you with any insights into negotiations. If the insurance company is willing to negotiate, an experienced lawyer will handle all negotiations, doing whatever they can to reach a fair outcome.
In addition to all of these steps, your car accident lawyer is there to minimize delays and keep your claim on the right track. They work to keep the insurance company moving forward, reducing the risk of waiting too long for the money you need.
A Car Accident Attorney Will File a Lawsuit When It is Necessary
In most situations, insurance companies do not want to go to court because of the added cost and resources. However, there are times when they are not willing to offer complete compensation for your losses during the claim process. In situations where communication breaks down, or there is no way to come to a resolution, your attorney will file a lawsuit.
Once you file a lawsuit against the negligent driver, the insurance company will defend against the claims. Your lawyer and the insurer will need to complete discovery, which requires exchanging all evidence with the other parties. You might have to sit for a deposition, and your lawyer might conduct depositions of their own. Your attorney will stay by your side and prepare you for every step of this process, assessing the evidence in your favor and against you.
After the discovery phase, the insurance company and your attorney often return to the negotiating table. The insurance company often offers a settlement based on the evidence they reviewed in discovery. If it is a fair offer you can accept it and sign a settlement agreement. This ends the litigation process. If the settlement offer is still unfair after rounds of negotiations, your car accident attorney can take your case to trial.
While trials are rare in car accident cases, they do happen, so your attorney should have litigation experience. A court of law is a place where you can share your side of the story and allow the judge or jury to decide what is a fair resolution. While no one wants to go to court, it can be the difference between inadequate compensation and a financial award that covers all your past and future losses.
Additional Steps An Attorney Will Take to Fight for You
A car accident attorney is committed to providing you with skilled legal insight and support as you seek damages. They take additional steps as your lawyer to help build the strength of your case and maximize your recovery.
Medical Professional Insight
In situations where your losses are significant, expect your attorney to work to understand how the injury impacts each aspect of your life. That includes limitations on your mobility, work, and activities. One way to substantiate these claims is to work with medical professionals.
Medical experts will testify about the specific levels of pain and suffering you have, the likelihood of your injury completely improving, and any ongoing health issues you may face. The objective is to work to demonstrate the outcome you are facing with your injuries.
Working with Family After a Death
In situations where you experienced the loss of your loved one due to a car accident, wrongful death attorneys are aggressive defenders of justice. They gather evidence, build the case, and work consistently to keep you up to date on what is occurring. The objective of a car accident lawyer in this situation is to help get justice and complete compensation for your family for the tragic losses you personally suffered.
Coordinating Medical Costs and Care
In some situations, car accident settlements can take a very long time. During that time, you still need medical care, and your medical provider needs payment. Your health insurance may cover this, but you may get pushback at other times or have to fulfill out-of-pocket or deductible requirements.
Car accident attorneys can help with navigating medical billing and expense concerns. They can work with your providers and seek an agreement to put off billing until you receive compensation from the liable party.
You do not have to face these situations on your own. When you work with a car accident attorney, they stay by your side, ensuring you can focus on your medical recovery while they help build your case and financial recovery.
A Car Accident Lawyer Will Answer Your Questions and Offer Solutions
When you are hurt in a car accident, you need an advocate who will fight for you every step of the way. That involves providing hands-on support, guidance, and insight into your legal rights. A car accident attorney will answer your questions when you come for a free consultation, including whether you have a case to begin with. Let an experienced car accident lawyer advise on your rights now.
When you meet with an experienced car accident attorney, you will learn about the available legal options, including anything you must do or not do to benefit your case, document your losses, and start moving forward.
Set Up a Consultation to Discuss Your Case with A Car Accident Lawyer
Car Accident Lawyer, Mickey Fine
A car accident attorney will work tirelessly to ensure you recover the compensation you deserve for your damages following a collision and injuries. You should always speak to an attorney about your rights before you settle any claim.
Please set up a free consultation with a skilled car accident attorney now to start the process of getting more information and answers to your questions. Expect an experienced car accident lawyer to fight for your best possible recovery.
Remember, time is of the essence when filing a car accident claim, so don’t delay in seeking the advice of an experienced Bakersfield personal injury attorney.