It’s understandable to be overwhelmed after a severe car accident. You probably have a damaged vehicle and injuries, and knowing who to turn to for help is hard. A San Jose car accident lawyer may help obtain compensation if another person caused the collision.
However, there are many auto accident attorneys; you should use care when hiring one. Below are important questions and additional information about auto accident lawyers to consider. You can contact a car accident attorney in your area today for a free case review. If your case qualifies for assistance, you can receive payment for lost income, medical expenses, and pain and suffering.
Why You Need A Car Accident Lawyer
Serious auto accidents in the US are common and cost the country $340 billion annually. Hiring a car accident attorney is a wise choice if you or a loved one has suffered injuries in a car accident. Your attorney will fight to get the compensation you deserve to cover your losses.
Getting a lawyer to settle a car accident case is usually recommended. But you should always retain a lawyer for a serious injury that takes weeks or months to heal. You should also have a lawyer if your car is seriously damaged or need hospitalization and surgery.
What Will You Cost Me?
Many accident victims are reluctant to hire a car accident attorney because of the expense. This is understandable, but most personal injury attorneys are paid on a contingency fee basis. That means you don’t pay your attorney’s services out of pocket. Instead, they are paid a portion of your accident settlement or jury award.
Many auto accident attorneys charge between 25 percent and 40 percent, depending on when and how the case is resolved. A case settled early on would result in a lower contingency fee. A claim that goes to court and results in a jury verdict would have a higher fee.
Ensure you know what the auto accident attorney will charge before hiring them. You also should see if you will be responsible for any case expenses or if the law firm will cover them.
How Long Have You Handled Car Accident Claims?
One of the biggest concerns you should have is that your attorney has ample experience as a car accident attorney. Think about your auto accident lawyer like a medical professional. Will you see a podiatrist if you have a back injury? Probably not.
You shouldn’t hire an attorney with limited auto accident claim experience to handle your case. Car accident laws are complex and specific by state, and you should only retain a lawyer who knows how to handle settlement negotiations and trials well in auto accident cases. Also, ask them about their success rate in recent car accident claims and lawsuits. Ideally, look for an attorney with many high settlements and jury verdict awards in their career.
You can also ask if the auto accident attorney has dealt with cases like yours with similar injuries and damages. Ask them about their success rate in similar cases.
Should I Hire A Car Accident Attorney?
First, you can ask a car accident attorney you call if you should hire an attorney for your claim. An auto accident attorney will review your case and tell you quickly if they can help. Your case can be helped by an auto accident attorney if:
- Another person or entity caused the car accident who had a duty of care to you.
- You have injuries and other damages from the collision, such as lost income.
- You have a damaged or totaled vehicle.
- There is convincing evidence that another person caused the crash.
How Long Will It Take To Settle My Car Accident Claim?
Auto accident claims usually settle within weeks or months, but some cases take longer. Generally, the more complex and severe the crash, the longer it will take. For example, a serious truck crash with multiple insurance policies, injury victims, and liable parties can take one to three years to settle.
It’s understandable if you want to settle the case quickly. After all, you have medical bills and may be out of work. However, you may obtain more compensation if your car accident attorney waits to settle until you are fully healed. It may be unclear in the early weeks how much you will recover and the medical care you will need. Waiting to settle until you have reached maximum medical improvement is usually beneficial.
How Many Car Accident Claims Do You Take To Trial?
Most auto accident claims end with an insurance settlement. It’s usually best for both sides to avoid a long, expensive court trial. Experts say that 3 percent of auto accident cases go to court, and 95 percent or more settle.
However, some claims do go to court. An experienced car accident attorney will be equally adept at settlement negotiations and litigation. You should know how many cases your attorney has settled in recent months and how many went to trial.
Remember that a judge or jury can award more money than in an insurance settlement. The judge or jury can decide to make the defendant pay much more pain and suffering compensation than what the insurance company agreed to. However, you also can lose the case and receive nothing.
Do You Have References And Testimonials?
Any successful car accident attorney will have references and testimonials from past clients. You can also find reviews on the attorney’s past work on Google, Yelp, Avvo, and others. Feel free to ask the attorney if you can speak to satisfied past clients.
What Difficulties Do You See In My Car Accident Claim?
There will be challenges and weaknesses in every auto accident case. An experienced car accident lawyer knows how to identify and discuss these issues. For example, perhaps there were no witnesses to the accident that injured you. This can make fault harder to prove.
Be wary of a car accident attorney who doesn’t offer any potential roadblocks in your case and says the claim will go smoothly. Few things in the personal injury lawsuit or claim process are easy or smooth. An auto accident attorney with a long record of successful cases can identify and discuss any issues with your case.
The good news is that a skilled attorney will have experience with most difficulties in a car accident claim and know how to address them effectively.
What Information Should I Have About My Car Accident?
Let’s say that another driver rear-ended you at a red light. You dislocated your shoulder and ruptured a lower back disc. What information should you have when talking to a car accident lawyer? Your attorney can obtain most of this themselves, but having evidence on hand will make the process easier and faster:
- Date and location of the accident. Your auto accident attorney can send accident reconstruction experts to the scene. These professionals will show how the crash occurred and who caused it.
- Contact information for eyewitnesses and other drivers involved. Your auto accident attorney will need their testimony to determine fault.
- The police report showing when and where the crash happened can help your case. Any statement about who caused the accident or was cited can also help.
- Receipts for out-of-pocket costs include ER and ambulance costs, surgeries, doctor appointments, and hospitalization.
- Income and salary information. You can receive compensation for lost past and future earnings, so your auto accident lawyer needs to know your income or salary.
When Should I Hire A Car Accident Lawyer?
It’s best to hire a car accident attorney sooner rather than later. Your attorney can be of the most help if they work on your case from the beginning.
Some accident victims attempt to settle their own insurance claims. They call a car accident lawyer after they are offered much less than they deserve or the claim is denied. The problem is that you may have said or done things that damage your claim, and it’s hard for your attorney to undo the damage.
For example, perhaps you told the insurance adjuster that you were partly at fault and then recanted. This can be used to reduce what you are paid.
How Much Is My Car Accident Claim Worth?
The car accident attorney you may hire cannot give an exact case value; every car accident claim differs. However, an experienced personal injury attorney can review your case factors and provide an approximate case value range based on these factors:
- How serious your injuries are: A severe car accident with catastrophic injuries, such as a major head injury, will result in more compensation than if you broke your leg.
- How much medical treatment is needed: Suppose you have a severe injury that requires two weeks in the hospital and surgery. This claim will be worth more than if you visited the doctor three times and your injury healed after a month. The more medical bills, the higher the case value. You should always have a car accident attorney if you need to stay in the hospital and have surgery.
- How much insurance is available: Every state requires drivers to have auto insurance. However, many drivers only buy minimal coverage, which may not fully cover a severe injury. So, you may not obtain full damages if you have $50,000 in damages and only $30,000 of coverage available on the driver’s policy.
- The amount of lost income: A severe injury can result in months of lost earnings or permanent disability. Your case value will be higher if there is a severe injury with long-term lost income and lost future earning capacity.
How Long Will My Car Accident Claim Take?
Settlement negotiations for a severe auto accident usually take several months. For example, suppose you’re rear-ended on the highway in traffic. The person who hit you was struck by someone else, and that person was hit by another car. So, there are four or five drivers involved in the rear-end accident.
The multiple insurance companies involved will take time to determine who was at fault and to what degree. Did the rear driver in the group strike the vehicle in front of them hard enough to push several cars into each other? Or was more than one driver at fault for rear-ending the driver in front of them? This is a complex scenario that will take time to resolve.
Your auto accident attorney has handled many claims and should know how long it will take to resolve yours. Some claims are straightforward and take weeks, but others, such as the above example, will take much longer.
What Happens If You Don’t Win My Case?
This is a critical question because losing the case can affect your recovery and future. A car accident attorney accepts a case thinking they can obtain compensation for you in a claim or lawsuit. However, you should know what happens if your case is unsuccessful.
Specifically, what happens with the case expenses if there is no compensation? You don’t want to have to pay for legal expenses from an unsuccessful case. So, ensure you understand who pays for what if the case is unsuccessful.
How Much Time Will You Spend On My Car Accident Case?
If you have a severe injury from a crash and cannot work, you should know that your attorney will handle your case promptly. Sometimes, you can have a free consultation with a senior partner in the car accident law firm. You may wind up working the most with a junior attorney.
There is nothing wrong with having another lawyer work on your case. But you should know who will handle the claim day-to-day and how much time will be spent on it. Most successful auto accident attorneys are busy. However, they should have enough time to handle your case well.
Speak To A Car Accident Attorney Now
Being in a severe car accident is one of the worst things. Suddenly, your car is totaled, and you’re severely injured. You have legal options if another party causes the crash. You can file a lawsuit against the liable driver or entity with your car accident attorney’s assistance. Speak to a personal injury attorney in your area today in a free consultation.
