Rear-end collisions are among the most common types of traffic accidents. Like every type of accident, the severity of each collision varies on a case-by-case basis. While many people underestimate these collisions as fender benders, victims of rear-end accidents can suffer serious health ailments, including but not limited to whiplash, traumatic brain injuries, broken bones, and internal bleeding.
These accidents often happen because the rear driver was distracted, but liability is not always that simple. If you or a loved one suffered injuries in a rear-end collision because of another driver, you are entitled to fair compensation for medical costs, pain and suffering, vehicle repairs, and other damages. Always consult a car accident lawyer in San Jose to pursue all the compensation you deserve.
What to Do After a Rear-End Collision
Your next steps are crucial. Depending on where you are in the post-accident process, you may have already taken some essential steps, which include:
Getting Treatment for Accident-Related Injuries
Even if you have already received some treatment after the accident, consider whether you:
- Have symptoms you have yet to receive a diagnosis or treatment for
- Received clear, detailed explanations for accident-related injuries
- Underwent medical imaging to show the exact nature of your injuries
- Received a clear treatment and recovery plan from your doctor
If you feel that further medical treatment can help document your injuries or promote recovery, don’t hesitate to see a doctor.
Finding a Car Accident Attorney
Securing a fair financial recovery is critically important. You must pay for medical care, lost income, mental health treatment, vehicle repairs, and other damages from the collision. Hiring a lawyer signals you are serious about securing the money you deserve.
Documenting Accident-Related Hardship
Your lawyer will create a detailed record of your damages, but you can help. You may contribute to your claim or lawsuit by:
- Starting a journal and describing pain, cognitive problems, and other challenges you face because of the rear-end accident
- Keeping medical bills, diagnostic images, invoices for vehicle repairs, and other documentation related to your accident
An attorney can inform you of other measures you may take to strengthen your case.
Immediate Benefits Your Lawyer Will Provide
A lawyer will build a detailed case for compensation. Having a lawyer will also provide immediate benefits, as your attorney will:
- Ensure you don’t have to deal with insurance companies
- Ensure that no insurance company, defendant in a lawsuit, or other party can violate your rights
- Explain steps you should take to help your case
- Make statements to insurers
Hiring a car accident lawyer may help minimize stress and better allow you to focus on recovery. You may find peace knowing that a lawyer handles every detail of your claim or lawsuit.
The Next Steps Your Lawyer Will Take to Pursue Fair Compensation for Your Rear-End Crash
In addition to dealing with insurance companies and creating a case strategy, your attorney will:
Gather Evidence from the Rear-End Collision
Your attorney must prove that someone’s negligence caused your accident (and resulting damages). They may make this case using the following:
- Video footage of the accident (which may come from traffic cameras or other sources)
- An expert’s reconstruction of the collision
- Eyewitness accounts
- Photographs of the accident scene, damage to vehicles, and other relevant scenes
- A law enforcement officer’s accident report
- Any other relevant evidence
Insurance companies and other liable parties may demand such evidence before offering a settlement.
Determine Liability for Your Accident
The motorist who hits another vehicle from behind is often responsible for victims’ damages. Speeding, aggressive driving, distracted driving, and other negligent acts may explain why your rear-end collision happened.
Your lawyer will also consider if other parties contributed to the accident, and those parties may include:
- A municipality responsible for dangerous driving conditions
- The manufacturer of a defective vehicle
- A pedestrian who caused a motorist to stop suddenly
Your attorney will conduct an open-minded investigation to determine who is financially responsible for your damages.
Create a Record of Your Damages
Car accident lawyers secure proof of their clients’ damages. Such proof may include:
- Medical bills.
- Medical images.
- Doctors’ and mental health professionals’ diagnoses.
- Vehicle repair invoices.
- The victim’s account of their accident-related challenges.
Calculate the Cost of Your Damages
Your legal team will calculate a precise settlement target based on the cost of your damages. This figure will include both current and future damages, including economic and non-economic harm.
Negotiate a Settlement
Rear-end accident cases usually lead to a settlement. Your lawyer will organize all relevant evidence and documentation and negotiate with liable parties.
Insurance companies are often responsible for paying accident victims. Your lawyer will arrange and complete negotiations with insurance representatives, keeping you updated as offers arise.
Talk to You About a Possible Trial, if Necessary
If your lawyer completes settlement negotiations without receiving a fair offer, they may discuss going to trial with you. If you choose to pursue a trial, your lawyer will:
- Explain what you can expect from the trial process
- Complete discovery and other pre-trial obligations
- Present evidence
- Question witnesses
- Make a detailed, evidence-based case on your behalf
A jury may award you fair compensation for damages resulting from the rear-end accident. Having a lawyer will be especially helpful if your case goes to trial.
You Don’t Have to Stress About the Cost of a Lawyer
No accident victim should worry about the cost of hiring a car accident lawyer. Attorneys know this, so they offer a fee arrangement in which:
- You pay your lawyer no upfront fees or costs
- Your law firm covers filing expenses, expert fees, transportation costs, and all other case-related expenses
- Your lawyer only receives their fee if they secure a settlement or judgment for you
This fee structure (common among personal injury lawyers) places the onus on the lawyer to secure compensation for the client. If the lawyer doesn’t succeed, they don’t receive a fee. The client pays no out-of-pocket costs under any circumstance.
How to Find a Qualified Car Accident Attorney
You need to find a lawyer who is qualified to handle your case. Your attorney will need to secure all of the compensation you deserve, so you should look for a lawyer who:
Impresses You with Their Case Results
Case results are one of the most important considerations when choosing a lawyer. An accomplished attorney or firm will:
- Have successfully recovered compensation for many rear-end accident victims
- Have taken cases to trial and won
- Have obtained large recoveries for auto accident victims
If a law firm does not publish case results on their site, ask the firm’s representative about relevant results during your free consultation.
Has Earned the Respect of Former Clients
Former clients see both the good and the bad of law firms. Give weight to client reviews, as they signal what you can expect from the firm you hire.
You should seek a law firm with overwhelmingly positive testimonials from former clients.
Has an Office Near Where Your Case Will Take Place
Attorneys must fulfill many responsibilities that require them to be close to where your case will occur. These duties may include:
- Obtaining evidence from the accident scene
- Meeting with your doctors
- Meeting with mental health professionals who are treating your pain and suffering
- Attending depositions, trial dates, and other legal appointments
There may be several law firms that serve your area. Do your homework and choose the firm that is the best fit for you.
You should also complete free consultations with the law firms you are considering for your rear-end accident case. These no-cost meetings allow you to ask important questions, which may include:
- How much experience does your firm have with rear-end accident cases?
- What results have you obtained for victims of rear-end collisions?
- What is your firm’s fee structure?
- Which lawyer will represent me?
- Will you take my case to trial if necessary?
- Why should I trust your firm to handle my case?
Don’t wait to begin looking for your car accident attorney.
Recoverable Damages for Victims of Rear-End Accidents
Damages are the harm you suffer because of your accident—and, by extension, the negligence that led to the accident. Some common damages among rear-end accident victims include:
- Pain and suffering: Auto accident victims often experience post-traumatic stress disorder and other conditions attorneys refer to as pain and suffering. Any physical pain, depression, anxiety, scarring, and other forms of pain and suffering entitle you to fair compensation.
- Healthcare costs: Your attorney will seek compensation covering emergency care, specialist appointments, diagnostic imaging, surgery, and other medical services related to your accident. They will also seek money for any medications, medical equipment, and other items related to your recovery.
- Professional damages: Common professional damages among rear-end accident victims include diminished earning capacity, lost income, and the inability to earn performance-related bonuses.
- Vehicle repairs:
- A wrongful death: Though rear-end accidents are not typically fatal, serious collisions can be. Those who lose a loved one following a rear-end accident may receive compensation for grief, depression, funeral costs, lost financial support, loss of consortium, and other damages.
Experienced personal injury lawyers in San Jose understand the damages that accident victims often experience. Your attorney will know how to identify and document your recoverable damages as they fight for the money you deserve.
When Should I Hire My Car Accident Lawyer
You should hire your rear-end collision lawyer as soon as possible because:
Evidence May Not Be Available for Much Longer
The longer you wait to hire your lawyer, the greater the risk of losing access to critical evidence. Municipalities may wipe traffic camera footage after a period of time, for example, and such footage may be key to winning the compensation you deserve.
Your attorney will not waste time before securing all relevant evidence, but they can only do so once you hire them.
Rear-End Accident Lawsuits Have Deadlines
Each state has a deadline for filing auto accident lawsuits. Your lawyer will know:
- When your state’s filing deadline is
- The time from which the countdown to the deadline starts
- Other relevant statutes that relate to your rear-end accident case
Believe it or not, some accident victims wait so long to hire a lawyer that the filing deadline expires. When this happens, the accident victim loses negotiating leverage, may have to settle for an unfair settlement, or may be unable to secure the compensation they deserve.
Your Case May Be at Risk Without a Lawyer Protecting It
Accident victims do not always realize their rights are at risk. Without a lawyer working for you, you may be vulnerable to:
- A claim denial
- An insurance company pressuring you to accept a lowball settlement
- Badgering
- Claim delays
- Coercive interview tactics, which may lead you to unwittingly admit fault for the accident
No matter how strong or smart you are, countless accident victims have succumbed to such hazards. A lawyer will minimize the risk of such hazards affecting you and your case.
Your Attorney Will Update You as You Focus on Recovery
When you hire a lawyer, you may truly focus on your recovery and other personal matters. Your attorney will:
- Provide frequent updates: Your lawyer will update you regularly about where your case stands. If you ever have questions, contact your lawyer or their team for the information you seek.
- Review settlement offers with you: If and when settlement offers come in, your lawyer will review them with you.
- Provide advice throughout your case: Your attorney will provide advice and instruction throughout your case. This will prevent you from wondering or worrying about what to do. Simply follow your lawyer’s advice, and your case should be positioned for success.
It is difficult to explain all the benefits a lawyer can provide you.
Hire Your Car Accident Attorney as Soon as Possible
Be aware of filing deadlines and other time-sensitive aspects of your case. Don’t wait to find the right car accident lawyer to lead your case. Do your research and complete your free consultations as soon as possible.
