auto lawyers | car accident lawyer
Auto lawyers are very helpful for those who have bought a bad car because they can apply legal pressure on the dealership that sold the bad car. When consumers buy damaged or defective vehicles, it can be difficult to get the dealership to give them what the law entitles them to.
Auto dealer lawyers can take several steps to legally pressure the dealership. One of the actions is to send a demand letter to the dealership that discloses how the car buyer has been wronged and what they are demanding in response to the wrongful action. Dealerships usually have 30 days to respond to demand letters, but they don't always respond.
If the dealership doesn't respond, you need to take some legal action to legally compel the dealer to compensate you for selling you a bad car. Typically, this is where auto lawyers file lawsuits against dealerships.
auto lawyers near me
auto lawyers near me includes attorneys who are licensed to practice in any of the following states: Alabama, Alaska, California, Colorado, Connecticut, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Missouri, Nevada, New Hampshire, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia.
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Please send emails to auto lawyers near me. Include the name, city and state you live in. We will send auto lawyers near me information about local car accidents and insurance fraud attorneys who specialize in auto accidents. Your auto accident is not our fault. Send us a copy of your car insurance statement so we can send you a claim form.
What is the History of Auto Law in the U.S.?
US auto law began as a collection of state traffic laws and criminal offenses (eg, drunk driving). As cars became a primary mode of transportation and the US population grew, so did the number of drivers. A surplus of drivers has created the need for greater safety measures. Some of this came from physical innovations like seatbelts and airbags, but lawmakers soon realized that drivers and pedestrians needed legal protections, too.
Thus, in 1966, Congress enacted the National Traffic and Motor Vehicle Safety Act. The law was passed in response to the rising level of motor vehicle accidents in the hope that the law would reduce the number of accidental deaths.
This act eventually led to the creation of the National Highway Traffic Safety Administration, a federal government agency responsible for developing and enforcing federal safety standards for motor vehicles.
After the agency was established, it began enforcing more federal laws related to motor vehicles and uniform safety standards. The creation of this federal law led states to adopt their own versions with stricter requirements.
Today, we have numerous types of laws related to motor vehicles, such as safety standards, traffic regulations, criminal offenses, and even laws that protect the environment from high levels of vehicle emissions.
What is an Auto Attorney?
An auto attorney is a specialized type of lawyer who has experience handling lawsuits and other legal matters related to car accidents. For example, a car accident victim may hire an auto attorney to file a lawsuit against the other driver and recover damages for the accident. Alternatively, a person sued for a car accident can hire an auto attorney to defend them against claims in court.
In general, auto lawyers can provide a wide range of legal services. In addition to representing individuals in court or during settlement negotiations, paralegals can also assist their clients in gathering evidence, taking depositions, and obtaining medical or police records related to a case. Auto lawyers can also draft legal documents that are important to resolving auto accident cases, such as a settlement demand letter.
However, most of the work of an auto lawyer involves contacting and negotiating with insurance companies on behalf of a client. Insurance companies are notoriously difficult to negotiate with and will try everything in their power to avoid paying for a claim. Auto lawyers already understand this fact and will be able to identify which provisions of the policy apply to their client and what rights their client has under the law.
Finally, auto lawyers also know how to calculate damages related to car accidents. This way, they will know what amount of damages a particular client should receive and can advocate on their behalf if the opposing party or an insurance company comes back with a too low offer.
What Kind of Cases Can Auto Lawyers Handle?
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Many legal issues can arise after a car accident. The most common and obvious of these legal issues is filing a personal injury lawsuit. Auto lawyers primarily handle personal injury cases. These cases involve situations where one, both or more drivers are involved in a collision and are injured as a result of the collision.
Depending on which party (eg, the plaintiff or the defendant) is represented by an auto lawyer, they must either prove that the defendant was negligent in causing the accident or mount a defense against the plaintiff's claim in order to reduce or eliminate the defendant's need to pay for the damaged vehicle. An auto lawyer may also be hired to help a person recover from property damage resulting from an accident (eg, a driver's car or a person's mailbox).
Auto lawyers can handle cases involving defective automobile products, lawsuits related to state lemon laws, and lawsuits brought against auto insurance companies for denying payment or coverage for claims.
Should You Hire an Auto Lawyer for Help?
An auto attorney can be a valuable resource for people involved in a car accident. Auto attorneys can help car accident victims file lawsuits, help defend individuals against car accident claims, speak and negotiate with insurance companies on the client's behalf, and represent them during court proceedings or at settlement conferences.
In addition, an auto lawyer will know how to calculate damages resulting from a car accident and determine whether a victim may be entitled to other damages or legal remedies. An auto lawyer representing a defendant in a car collision case will know when the plaintiff's request for damages is excessive and can raise a defense against claims that could reduce or eliminate the damages.
Therefore, if you have been sued for a car collision or injured in a car wreck and want relief for your injuries, you should contact a local auto lawyer as soon as possible. Regardless of whether you are being sued or want to sue someone else, your lawyer can inform you and protect your legal rights and make sure you get the most favorable outcome possible based on the facts and limitations of your case.
car accidents
Car accidents are one of the most common sources of personal injury. Most are minor fender-benders, but an alarming number cause serious injury, permanent disability and even death. These traumas are often accompanied by pain and suffering, emotional distress, lost wages, medical expenses, and property damage—all of which can constitute monetary damages.
Sadly, though, many auto accident victims never receive the full amount of damages they receive for their car accident. The main reason is that, because they don't know the full value of their claim, auto accident victims take the first offers that insurance companies make - and it's no secret that these insurance companies try to get the cheapest. Therefore, it is very important to enlist the help of a qualified personal injury lawyer if you have to pay fair compensation.
To learn more about auto accidents and how an experienced attorney can help car accident victims get the compensation they deserve, read the sections below.
car accident lawsuit eligibility
Immediate family members – including parents, spouses and children, are almost always eligible to make a claim, although an adult guardian may be required to sue in juvenile court. Additionally, other family members—such as stepparents, grandparents, and dependents—may also be allowed to sue in some states.
A personal injury lawyer specializing in car accidents can help you and your loved ones understand the laws in your particular state.
COMMON AUTO ACCIDENT CAUSES
There are many factors that can contribute to a motor vehicle accident; However, the most common cause is irresponsible driver behavior. When a driver's negligent driving behavior causes an accident with another vehicle, the injured party may be entitled to compensation. If you or a loved one has been injured in an auto accident, an experienced attorney can help you determine whether the driver's negligent conduct is to blame.
Extra speed
According to the National Highway Traffic Safety Administration (NHTSA), speed is one of the leading causes of car accidents. Even traveling 5 miles over the speed limit greatly increases your chances of being involved in an accident.
Driving under the influence
Drunk driving is also one of the leading causes of auto accidents. In fact, NHTSA estimates that alcohol was involved in 9 percent of all crashes and 41 percent of fatal crashes in 2006.
Careless driving
Talking to other passengers or on a cell phone, changing the radio station, looking at the scenery, or other activities that take the driver's attention off the road can cause accidents. Additionally, when an accident has already occurred, "rubbernecking," or looking around to see the aftermath of the accident, can lead to additional car accidents.
Driving while sleepy
According to the NHTSA, drowsy driving leads to thousands of auto accidents each year. Because these accidents often occur on high-speed roads and the driver does not try to avoid the accident, these accidents tend to be very serious. The driver is often drowsy due to sleep loss, or under the influence of sleeping pills or alcohol.
Aggressive driving
Behaviors such as tailgating, obstructing other drivers in their vehicles, or flashing another driver's headlights when annoyed are classified as aggressive driving, which can lead to accidents.
Road and weather conditions
Adverse weather, icy roads, and low visibility can also cause auto crashes that often involve multiple vehicles.
Mechanical failure
While driver behavior is responsible for many auto accidents, some are caused by mechanical defects, such as faulty tire design or malfunctions in the braking system. An experienced auto accident lawyer can determine whether a mechanical problem is responsible for your accident and the responsible party will be held accountable.
Applicability to vehicle accidents
Crashworthiness refers to a vehicle's ability to protect its occupants in the event of a collision. Crashworthiness features such as airbags, seatbelts, rollbars and headrests are designed to reduce the risk of injury and fire, as well as prevent ejection from the vehicle. However, when these features fail, serious injuries can occur, leading to questions of crashworthiness.
Determining Crashworthiness
Crashworthiness cases primarily deal with "secondary collisions" where the driver and passenger collide with the interior of the vehicle. The cause of the accident is usually irrelevant to crashworthiness.
There are two important questions to consider when determining crashworthiness:
1. Could the car's occupants have performed better?
2. Could some of the features that the car lacked reduce injury to passengers?
SUV and other vehicle rollover
Crashworthiness characteristics are particularly important in accidents involving vehicle rollovers. Since SUVs are heavier than passenger cars, they are more likely to roll over in an accident. Additionally, many SUVs do not have roll bars – a crashworthiness feature that reduces the amount of vehicle roof penetration. As a result, SUV rollovers are more likely to result in serious and/or fatal injuries.
What to do after an auto accident
After an auto accident, it's important to know how to proceed so you don't compromise your ability to get the compensation you deserve from those responsible for the accident. Insurance companies for other drivers involved will try to dispute your claim, even if it is valid. In the event of an accident it is very important to follow the basic guidelines listed below so that necessary evidence is preserved and your right to full compensation is not jeopardized.
Do I need a lawyer?
It is important to speak with your personal injury attorney as soon as possible after your auto accident to ensure your rights are protected. Also, a knowledgeable attorney can advise you on your state's statute of limitations, or time limits that apply to your case, and help you file your case in a timely manner.
Understanding Laws and Deadlines
After a car accident, an experienced, knowledgeable attorney can help you understand the laws that apply to your case and help you file a claim before it's too late. Laws related to auto accidents vary by state and can be complex and confusing. An experienced auto accident lawyer can help you understand your state's laws and how they affect your case. Additionally, if you don't file your lawsuit within your state's deadline, or statute of limitations, you may lose your right to recover any damages for your injuries.
Injured parties should also be aware that statutes of limitations vary not only by state, but also by the type of claim you're filing, the entity you're filing against, and other factors. A qualified attorney can help you determine which regulations apply to your specific situation so that your claim is filed in a timely manner.
Pursuant to compensation
While most accidents are relatively minor, serious accidents can cause lifelong physical pain, emotional distress, and financial loss. The effects of personal injuries resulting from auto accidents can be devastating, requiring months or years of rehabilitation and causing extreme pain and suffering, substantial medical expenses, lost wages and other damages for which the responsible party may be held liable. Additionally, in the event of a wrongful death caused by an auto accident, surviving family members may be able to file a wrongful death claim to cover funeral expenses, medical bills, lost wages, loss of companionship, and other damages.
A lawyer can help you pursue the full amount of compensation you are entitled to when you or a loved one is involved in an auto accident. A skilled lawyer can thoroughly investigate your claim and preserve the evidence necessary to help prepare a viable case and obtain the compensation you deserve. Having a lawyer on your side also ensures that you are not bullied by other driver's insurance companies into accepting a settlement that is less than you are entitled to.
Insurance Issue
There are many insurance issues that can affect your auto accident case. A lawyer can help you understand insurance bad faith, uninsured motorist, and no-fault and at-fault laws and how they affect your claim.
Dealing with insurance companies
Insurance companies often have their own financial interests in mind rather than your well-being. Remember that insurance company employees, especially those of at-fault drivers, are trained to talk down accident victims with the intent of invalidating their claims. A few things you should know before dealing with an insurance company; However, it is in your best interest to speak with an experienced auto accident attorney first.
Reporting accidents
It is important to contact your insurance company as soon as possible after an auto accident. Most insurance companies will deny a valid claim if the accident is not reported promptly.
Providing information
Your insurance company will want any information related to the accident to help their investigation, including where the incident occurred and the names and insurance information of the people involved.
Recording a statement
Your insurance company, as well as the insurance company or other driver involved, may want you to record a statement. It is in your best interest to consult with an auto accident attorney about your case before you make a formal statement so that you do not compromise your right to fair compensation.
Acceptance of settlement
Insurance companies for other drivers involved will try to pressure you into accepting their offer; However, it is important that you do not accept this settlement as it is often far less than you are entitled to.
Insurance Bad Faith Claim
Auto insurance is supposed to help people involved in car accidents to cover the related expenses. However, insurance companies sometimes deny legitimate claims for their own financial interests. When an insurance company denies a claim that is supported by valid evidence, it is called insurance bad faith. Auto accident attorneys can help people who are denied valid claims by filing bad faith claims against insurance companies.
Uninsured motorist
Most states require motorists to carry a minimum amount of auto insurance to legally drive. However, the Insurance Research Council found that an average of 14 percent of drivers nationwide were uninsured in 2000. Drivers can purchase insurance policies that cover accidents involving uninsured motorists. In such cases, the insured driver will receive compensation through his insurance policy, and the onus is then on the insurance company to sue the insured motorist. If the insured motorist's policy does not cover the uninsured motorist's claims, he or she must seek compensation directly from the insured motorist.
No-Fault and A-Fault Laws
Liability laws vary from state to state. About half of all US states have adopted no-fault liability laws, which make everyone involved in a car accident responsible for their own damages. However, most of these states allow exceptions to these laws, such as if a person suffers serious personal injury or property damage exceeds a certain amount. The rest of the states have established fault-fault liability laws, which require the party responsible for a car accident to pay compensation for everyone involved.
Proving Guilt
Because perspectives and opinions on the events leading up to an injury-causing car accident can vary widely between the parties involved, proving fault in a car accident case can often be a particularly difficult, albeit necessary, task. Whether you are dealing with an insurance company or a car accident case, you must demonstrate as clearly as possible which party was at fault for the accident in order to have the best chance of collecting the amount you are entitled to.
Police report
To accomplish this, an experienced car accident attorney can call upon a number of resources. In most car accidents, a police report will be filed by the officers who responded to the scene and possibly by you or another person involved in the accident. This police report can be invaluable in proving guilt.
Traffic laws in your state
Your state and local traffic laws can also be found to support your claim that the other party is driving their vehicle in an unsafe or negligent manner, especially if they violated a speed limit, road sign, or right-of-way. The law In certain situations, such as a rear-end collision involving a vehicle turning left into oncoming traffic, the other party is almost always found to be at fault.
Accident Reconstruction
Because the circumstances of each accident are unique and can be difficult to understand, the services of an accident reconstruction expert can be useful in proving fault and clarifying the many factors that led to the occurrence of an injury-causing car accident.
Auto Accident Reconstruction and Investigation
When an auto accident occurs, the people involved may be unable to recall the exact events that occurred, or may have conflicting versions of what happened. Additionally, important evidence can be lost, damaged or tampered with over time. It is essential to contact a knowledgeable attorney as soon as possible to investigate the accident and build a strong case for you. A lawyer can preserve the necessary evidence from the scene and reconstruct the car accident to determine who was at fault.
Why do I need a lawyer for the investigation?
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Police reports may not show the full picture of what happened in an auto accident, and important evidence may be omitted. A lawyer who has experience defending auto accident victims knows what to look for at an accident scene. They will preserve important evidence and use it to reconstruct the accident, which may play an important role in the case. They know how to use evidence to defend your case against the other driver's insurance company so you can get the full amount of compensation you deserve.
How lawyers reconstruct and investigate an auto accident
An experienced auto accident lawyer will document the exact location where the accident occurred, road and weather conditions at the time of the accident, eyewitness accounts, lines of sight, skid marks, debris and any other evidence that may be found. They will use the evidence gathered during the investigation to reconstruct the auto accident step by step, which can be essential at trial and in the courtroom.
Putting the brakes on car salesman fraud
If you have been the victim of deceptive advertising, negotiation, pricing or financing practices, you may have an auto fraud claim. At Flesner Wentzel, our auto fraud attorneys help clients bring fraud claims that compel auto dealers to compensate them for financial losses caused by illegal and deceptive practices.
After fraudulent car sales practices are exposed, many consumers feel as if they have been "taken to the cleaners" and are embarrassed to have been duped into a purchase. You are not alone. Every day, innocent consumers are taken advantage of by unscrupulous and unscrupulous car dealers.
Commonly used fraudulent and illegal tactics include:
* Bait and switch advertising
* Increase in car prices
* Failure to disclose information about a vehicle
* Mileage or odometer rollback
* Hidden "add-on" costs
* Depreciation trade in
* Failure to transfer vehicle title or satisfy a lien
Car salesmen are also commonly scammed when setting up financing. Many consumers purchase their car only to find the financing arranged by the dealer declined, or the interest rate is much higher than what was agreed upon.
At Flesner Wentzel, we are aggressive litigators and tough negotiators. When car salespeople make false or misleading statements, or use dishonest sales tactics, we hold them accountable for their wrongdoing.
St. Louis Lemon Law Lawyers
If your new car has a serious mechanical problem or defect, and you keep bringing your car in for repair after problem, you may be entitled to a refund or a new car under Missouri's lemon law.
* DISCLAIMER OF WARRANTY
* Manufacturing defects
* Design errors
* Remembers
At Flesner Wentzel, we help individuals prove their automobile is a "lemon" and seek compensation under state lemon laws. Many car dealers will agree to exchange or replace your "lemon" with a works car. However, if car dealers refuse, we will initiate legal action to force them to refund or provide you with a new automobile.
What should you do immediately after a car accident?
Even a minor car accident leaves you a little flustered and unsure of what to do next. If you are not seriously injured and do not have to wait for emergency medical services, there are steps you can take after a collision that will ensure your safety and help you if you need to file a lawsuit. Consider these steps:
- Contact the authorities. Call 911 if the accident is serious and someone needs medical attention. The police will arrive with an ambulance and a fire truck. If no one needs immediate medical attention, you should contact the police to report the accident.
- Talk to officers only. Avoid talking to other drivers. The shock of a car accident will probably make you nervous. Your gut may tell you to apologize, even if the accident wasn't your fault. Apologizing can be tantamount to admitting guilt. When the officials come, they will take the statements of all concerned.
- Record everything. Take pictures or videos of vehicles, roads, signs and signals, and any injuries you see. Also collect the contact information of everyone there, including witnesses, and ask for the other driver's insurance card.
- Get a medical evaluation. You may think that seeing a doctor is unnecessary, but even if you feel perfectly healthy, you should check yourself for possible injuries. Some serious injuries can delay symptoms and it helps to get an official record from a doctor.
- Talk to an auto accident attorney. Sometimes you can get a suggestion directly. They can even suggest the moment.
You do not need documentation of your own evidence to file a lawsuit. In the event of a car accident, the police, attorney, and insurance company all conduct independent investigations. An attorney will likely have access to an accident reconstruction specialist who can help.
What are the most common causes of AT-Fault car accidents?
The two most common types of at-fault accidents are rear-end collisions and corner accidents. In rear-end collisions, the most common cause is a form of aggressive driving called tailgating. Tailgating occurs when a car follows too closely behind another car, without leaving enough distance to stop without colliding if the car in front brakes suddenly. Tailgating at high speeds and in congested areas is especially dangerous and can lead to multiple car accidents.
- Improper lane changes
- Turning without a signal
- Exit suddenly or from a distant lane
- Failure to bear fruit
- Stopping or failing to stop at a red light
- Trying to run a yellow light
- Traffic weaving in and out
Any one of these actions alone could cause a serious accident. However, a combination of negligent actions, such as driving under the influence, speeding or distracted driving, can result in more serious injuries or even death.
Common injuries in car accidents
Given the speed capabilities of automobiles, incorrect conditions can lead to dangerous collisions and significant damage, sometimes catastrophic. Car accidents generally fall into two categories: blunt force trauma and penetrating trauma. Impact injuries occur when the body strikes a part of the vehicle's interior, such as the steering wheel or windshield. Penetrating injuries occur when something like glass penetrates the skin.
Some common injuries in car accidents include:
- Bone fractures
- Knee injuries, especially for those suffering from previous knee injuries
- Sushumna injury
- Traumatic brain injury, including concussion
- Injury
- Wounds and injuries
- Chest injuries, such as bruised or broken ribs and organ damage due to force
- Muscle strains and sprains
The point of impact of a collision can affect the type of injury. For example, rear-end accidents commonly result in whiplash, which occurs when the forceful forward and backward movement of the head causes small tears in the soft tissue of the neck. Side-impact collisions often cause concussions, among other injuries, because the driver's head can hit the window on impact. Some injuries can result in expensive long-term treatment and possible disability.
What is no-fault insurance?
Each state mandates a minimum car insurance policy, which usually includes liability and sometimes uninsured/at-fault motorist coverage. However, in 12 no-fault states, drivers are required to carry personal injury protection insurance. When a car accident occurs, no-fault insurance covers the cost of medical bills, lost income, and any services needed as a result of your injury, such as household help or transportation. In case of accidental death, PIP insurance will also cover funeral and burial expenses.
The advantage of no-fault insurance is that it eliminates the problem of determining fault. Your PIP insurance covers you even if you are 100% at fault for the accident. However, there are some disadvantages:
* There is a cap on the amount of lost income you can recover.
* In more serious accidents, your PIP insurance may not be sufficient to cover all economic losses.
Because you must have PIP insurance in a no-fault condition, you must exhaust that coverage before you are eligible to sue the other driver. Some states set a threshold for injuries that allow you to sue. For example, in New York, you can sue the other driver if your injuries include broken bones, disfigurement, total disability for 90 days, or significant or permanent limited use of any bodily function, system, organ, or member.
What damages can you recover in a claim or lawsuit?
Damages refer to the loss you have suffered as a result of the accident. In the case of a car accident, the amount of damage directly affects the amount of compensation you can receive. More serious accidents cause more significant damage. Additionally, types of damages include compensatory and punitive.
COMPENSATORY DAMAGES
Compensatory damages include economic and non-economic damages that an injured person suffers in a car accident. The most common of these are:
- Injury treatment costs
- Lost income in the form of missed work, future missed work or loss of earning capacity due to permanent disability
- Expenses related to damaged property, such as vehicle repair or replacement
- Pain and suffering including mental anguish, emotional distress, depression, anxiety, inability to enjoy life as before
- Out-of-pocket expenses related to housing, such as childcare, transportation, or home help
- Funeral/burial expenses
- Loss of partnership or consortium
- Loss of income or benefits from the deceased
Economic damages, including any actual damages, require proof in the form of medical bills, future medical plans, work payment history, recent income tax returns, and any receipts or estimates for property damage. Non-economic damages are more subjective. For example, a car accident lawyer may collect written statements from you and evidence of pain and suffering from people involved in your daily life. Additionally, they may multiply the monetary value of your economic damages by a number between 1.5 and 5 to get a value for non-economic damages. The more serious the accident and injury, the higher the multiplier.
Does hiring a car accident lawyer give you an advantage?
As you recover from a car accident, the last thing you need to do is deal with insurance negotiations and accident investigations. Preparing for and going through a personal injury lawsuit can be difficult and stressful, especially for someone who has sustained significant physical injuries or recently lost a loved one. If you haven't already decided to hire a car accident lawyer, consider the benefits of providing legal representation.
They understand the litigation process
Most states have a two- or three-year statute of limitations for filing a lawsuit after a car accident. False death suits are usually smaller. Additionally, the legal process is heavy on paperwork, and the smallest mistake in initial filing can inadvertently delay your case beyond the deadline. A car accident attorney will prepare all the paperwork and file everything you need to get started as soon as possible. They protect your rights and make sure you don't say anything that could hurt your case. You are under no obligation to hire legal representation. However, if you don't have legal experience, you may find the process overwhelming and burdensome. Having an attorney present is a relief and an asset to your case.
They are motivated and helpful
Car accident lawyers understand the emotionally charged nature of car accidents. They offer professionalism in situations where you may struggle to be objective. Additionally, a personal injury lawyer's salary usually depends on their ability to secure a settlement or award for their client. This means that they don't get paid until you pay, and that's enough to keep them motivated to get a fair settlement as soon as possible.
They know the value of your claim
Arguably, the most important and lengthy process in a car accident is getting a proper damage assessment for your claim. An attorney will conduct a thorough investigation of your accident, establish what damages you suffered, and gather evidence to support your claim for financial compensation. Non-economic damages require additional consideration and calculation, but an attorney understands the balance between precedent and the severity of your injury, making it easier for them to more accurately assess those damages.
Can you represent yourself in a car accident?
Can you represent yourself in a car accident case?
At first, it may seem like a good idea to represent yourself in a car accident case, especially if the accident seems minor. This perspective is understandable. You may be hoping to save on attorney fees and time spent in meetings.
Do you know how to negotiate with insurance companies?
Insurance companies have strong advocates on their side. They deal with cases of all sizes and have negotiation techniques to help the injured party get the lowest possible payout.
An accident attorney knows what tactics insurance companies use and is prepared to get the maximum settlement for your claim.
Do you always get a settlement from a car accident?
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No, you will not always get a settlement from a car accident if the insurance company thinks the accident was your fault or if you are unable to prove that the accident was not your fault.
How you obtain a settlement depends on many factors. First, it depends on whether you live in a no-fault state. If you are in a no-fault situation, the insurance company is responsible for all your damages, including medical bills. However, if the accident occurred in a fault-based situation, you may have the right to sue the other driver instead of your insurance company and seek compensation from them.
Generally, you are not entitled to compensation if the accident was your fault. Instead, your insurance company is responsible for the other driver's damages. This assumes you've insured the car in the first place, as not usually having insurance means you'll have to pay for all their damages out of pocket. If you don't have the financial resources to pay for that loss, you'll need to freeze your assets.
Even if the accident was not your fault, to get a settlement, you must prove that the other driver was at fault for the accident. If you negotiate a settlement without proper documentation and evidence, you may not be able to receive any compensation. This is why it is so important that you document the scene immediately after the accident occurs.
If negotiations break down during the settlement process, you have the option of taking the case to court. You will need a lawyer to represent you in such cases. Generally, lawyers will agree to take your case to court if they are confident that you will win the case. This is why most lawyers agree to get paid if you win.
Should you go to court for a car accident?
Should you go to court for a car accident?
Most car accident cases settle before reaching the trial stage. Negotiations can begin as you present evidence for your claim to the defense. The more evidence you provide, the more likely you are to avoid the courtroom.
How to find a car accident attorney near me
If you have been in a car accident, you may be wondering how to find an attorney who can help you with your case. There are a few different ways to go about this, but the best way to find an attorney who specializes in car accidents is to ask around for recommendations. Friends, family and even co-workers may have experience with car accident lawyers and can give you some good leads.
Another way to find a car accident attorney near you is to search online. This will give you a variety of results, but it's important to research each one carefully before making a decision. Be sure to read reviews and visit their websites to get a feel for their experience and expertise.
Once you've created a list of potential attorneys, you can begin to narrow down your choices by considering factors such as divorce retainer fees and experience. Once you find some car accident attorneys that you feel comfortable with, you can set up a consultation to begin your case.
What to Ask an Accident Attorney?
- How much will it cost you to hire?
- When can I expect my settlement?
- How long will the process take?
- What are my chances of winning the case?
- Do you have litigation experience like mine?
- What is your strategy in my case?
- How do you plan to communicate with me throughout the process?
- What is the next step?
Auto accidents? Contact our New Jersey and New York car accident attorneys.
We are determined to achieve the best possible outcome for every injury victim we help. That's why we introduced the Jude Shaw Way—a 5-point commitment that helps ensure every client receives the highest level of service available.
We are proud to fight for injured car accident survivors throughout New York and New Jersey. Our New Jersey office is located in Red Bank, and our New York office is located in the Bronx. However, we have helped clients throughout New Jersey, be it in Northern, Central, Pine Barrens, Southwest, and Coastal, NJ, or anywhere in New York City, including the Bronx, Brooklyn, Manhattan, Queens, and Staten Island. Our New York car accident attorneys can also help clients throughout New York State.
Contact our New Jersey and New York car accident lawyers to get started now—just dial 1-866-909-6894 or fill out the free online form on this page. With convenient office locations in New Jersey and New York, you're never far from the experienced legal support you deserve.
Having trouble commuting or traveling to the office? We are able to serve you from the comfort of your home or other remote location. Through virtual meetings and electronic signing technology, our car accident lawyers can take your call, open your claim and begin the treatment you need.
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