When you’re in a car accident, there are many things that are running through your mind in the aftermath, whether that be the physical and emotional damages or any bodily injury that occurred. An accident can leave you with bills from all of your expenses and looking for a way to
be compensated for these expenses.
A lawyer can help you get through this process by dealing with the insurance company and helping you get all the compensation you are entitled to.
The Jersey City car accident lawyers are experts in investigating accidents to determine liability, negotiating with the insurance companies for a fair settlement, and if that is not possible, pursuing your claim in court to get you just compensation.
Why Hiring an Attorney is Essential for Your Claim
While you may be tempted to pursue an insurance or personal injury claim on your own, this would be a mistake. An accident compensation lawyer is educated to deal with the legal system and has ample knowledge of how to negotiate with an insurance adjuster on issues such as liability and negligence.
An attorney can represent you at every turn, standing up for your legal rights to ensure that you are treated with respect and that you recover any compensation that you are entitled to. Going in alone is never easy, so be sure to have someone in your corner with keen negotiation skills.
Common Misconceptions About Car Accident Claims and Attorneys
There are many misconceptions about car accident claims and legal representation including:
- Insurance Companies Negotiate in Good Faith – You may think that an insurance company will give you a fair settlement offer, but, they could negotiate in bad faith and offer you a low settlement or even provide you with a claim denial.
- The Claims Process Will Take Forever – even if it takes a bit longer, lawyers can help prevent you from taking a low settlement during a claim dispute and help you explore your legal options to recover compensation. Lawyers can negotiate a fair settlement relatively quickly for simple cases with the average time to settle car accident claim for these cases being 1-3 months,
- I Need Money to Pay a Lawyer Up Front – Most accident attorneys work on a contingency-fee basis meaning the lawyer receives a percentage of the recovery only if you prevail on your claim.
- I Can File a Claim Whenever – Actually, there are legal deadlines known as statutes of limitation that require you to file within a certain amount of time. A lawyer can help you through the legal procedures to ensure your claim is filed timely.
Initial Steps an Attorney Takes in Your Car Accident Case
An accident claims lawyer takes a few initial steps to build your case and make sure it is strong enough to proceed including:
- Evaluating the Merit of Your Case – an attorney will take an initial look at your case, reviewing things such as the police report, each party’s insurance policy, and listen to your story, to determine initial liability and whether you should proceed with your case.
- Gathering Critical Evidence and Documentation – If your case has merit, an accident lawyer will gather critical evidence and accident documentation to support your claim such as police reports, medical records, medical bills, witness statements, and other documentation regarding accident-related expenses.
- Importance of Evidence in Strengthening Your Claim – having sufficient evidence to make a fault determination and prove liability damages is essential in prevailing on an accident claim. As such, an attorney uses their legal expertise and evidence-gathering skills to ensure your claim is as strong as possible.
Types of Evidence Collected
An attorney for car accident claim collects many different types of evidence including:
- Police Reports – A police report of an accident investigation lists crucial details regarding the accident such as time, location, and circumstances. These reports often include statements from the drivers, witnesses, and observations made by police officers at the accident scene, which can be used to determine liability.
- Witness Statements – traffic-accident legal advice will often include gathering witness statements from observers to corroborate your version of events and help a personal injury lawyer conduct an accident reconstruction.
- Photos and Videos – photos and videos of the accident scene, property damage, and any visible injuries can be used for an insurance claim or court case.
- Medical Records – a medical evaluation and medical records can show the extent of your injuries, nature of your injuries, and treatment you received which can be used, not only to prove physical damages, but also things like emotional distress and pain and suffering.
- Evidence of Damages – auto repair bills and car repair costs, value of a totaled vehicle, medical bills, proof of lost wages, and rental car expenses can help establish your damages to an insurance company or in court.
Understanding and Asserting Your Legal Rights
An attorney is there to offer auto-accident legal advice so you can get a good grasp on your legal rights and how you can assert them, whether that be in the claim process with a collision coverage provider or against an uninsured motorist in court.
You deserve fair compensation, a good faith investigation, and a timely response from an insurance company and an attorney will make sure your rights are protected, and if someone acts in bad faith, they will take them to court.
Preparing for Litigation: When a Trial Becomes Necessary
An attorney will work their hardest to get you a fair settlement from an insurance company, however, these companies do not always act in good faith.
Insurance adjusters’ main goal is to save the insurance company as much money as possible and they do this by trying to get you to accept a low settlement offer.
A lawyer with car accident insurance claim experience knows when an insurance company is acting in bad faith and that the only way you will receive fair compensation is to instigate litigation and provide you with court representation.
This can occur when an insurance company repeatedly offers you a settlement that does not cover your just expenses. When this happens, oftentimes there is no other option but going to court.
Weighing the Pros and Cons: Do You Need an Attorney?
While you may think you can settle your claim on your own, the pros of hiring an attorney certainly outweigh the cons as most car accident attorneys work on a contingency fee basis and may get you a higher settlement than you would otherwise.
The legal team at Omni Injury & Accident Law offer a free consultation to help you learn more about your claim and what it could be worth. They will pursue your claim vigorously if you choose to proceed. Contact Omni Law today to set up a consultation.