Auto Accidents: Step by step, by the Right Attorney
This article was written with an "average" case in my mind. Because that hypothetical "average" case is what happens most often. There are both absolute rights and wrongs in handling a personal injury case. If you have any questions after reading this report, I will let you know how we can get in touch to answer them.
Problem presented:
Your car was involved in an accident that wasn't your fault. You are in a wrecked car, you are injured and you are worried about the possible consequences. Your mind is racing with 101 thoughts. You don't need to worry about finding the right attorney to represent you. This article should help you make your search easier by helping you know what to look out for and what questions you should ask.
Find an attorney to help you solve your problem!
It is not difficult to find an attorney. It might take some effort to find the right attorney. First, it is important to understand that hiring an attorney is not necessary immediately. However, I recommend that you hire an attorney within 2 - 3 working days of the collision. This will allow you to avoid getting hassled by insurance adjusters and can help you formulate a smart course of action. Find an attorney. Many attorneys are available to help you if you have a strong case. If I did not admit that "personal injury" cases can have very high legal fees, I would be lying. However, these fees are worth it if you have the right attorney. Continue reading to see the reasons.
It is essential to be able to recognize an attorney's sincere appreciation. There are many attorneys out there who would be happy to take you on as a client. Find another attorney if the one you choose isn't. This attorney will do everything in their power to help you. Continue reading to learn how I can help you choose the right attorney.
Initial Stages and first contact.
Your car needs repair and you need medical treatment. You are unable to travel to work because of this, as well as the fact that you lack transportation and don't feel physically capable. Insurance adjusters are calling. What can you do? An experienced attorney will be able to tell you. An attorney can also tell you important details, such as whether the police investigated. Was the other person given a ticket for his actions? Who is the other guy? Is there insurance? Is there enough insurance? A good attorney can help you decide what to do and answer all your questions. It is important to focus on improving your life. These matters should not be investigated or spent hours on the phone.
First, call the attorney's office.
You have chosen an attorney, and you wish to contact him or her. Pay attention to the following: Is the number advertised as being available 24 hours a day? Is the number advertised as 24 Hours? If so, who answered the call? Is it a tape or a call? Is it the staff member? Is it the staff? While any number is acceptable, it's important to reach the attorney in a reasonable amount of time if you don't get connected after your first call. The next question is whether you should call the attorney "off-hours" or wait until their business hours, Monday through Friday, 9-5. An attorney who practices personal injuries law should recognize that potential clients call, often feeling very traumatized and confused and in desperate need of solid advice. The potential client should therefore be able to reach the attorney whenever they call. You call and are generally happy. You are generally pleased with the attorney's response and they invite you to visit their office. Ask questions before you go.
You will be informed about all important developments. This means you'll be regularly emailed copies of important correspondence and you will be consulted when decisions are made beyond the routine.
How is money managed? Ask! This is why you're hiring an attorney. It's simple, think about it. Think about it...The mechanic will fix your car. The doctor will restore your health. You can ask questions. An attorney will get you money from the insurance company of the other guy to cover all this.
First meeting with an attorney.
Once you are satisfied, you agree to meet the attorney you called. You should meet with the attorney at this meeting and talk to him or her as much as you like. The entire process should also be explained. You should be able to explain all insurance benefits that are available to you, from any source, even your own insurance company. Also, how and when these benefits can be expected to occur. This includes explaining the law that governs your case, at least in a brief manner. Different laws govern liability issues in different states, which ultimately impacts compensation. Ask your attorney whether your state has contributory negligence, comparative negligence, or no-fault laws.
The end of the first meeting.
The initial meeting should end with you receiving a copy of the fee agreement and a list of specific things that must be done.
1. A list of documents the attorney will need should be prepared, including a copy of your insurance policy, pay slips, tax returns, photos, and so on.
2. For the best outcome of your car damage, you should immediately contact us by telephone. These are the two most common scenarios:
a) The vehicle can be repaired. It's best to arrange for the car to be removed from a tow lot as storage fees can quickly accrue. Insurers should be notified about the location of your car so that they can make an assessment of the damage. If insurers are notified quickly, they may be able to move the car out of the lot. You must have a conversation about what will happen in each case.
b) The car has been destroyed or "totaled". To pay off a car loan, your attorney must be notified of the name and number of the lender. To move the car and appraise its value, the insurers must also be informed. The title will need to be transferred to you, so make sure to do this quickly. If a loan is taken, the lender usually has the title or part of it.
3. You should make arrangements to arrange alternate transportation. A reputable rental car agency should be recommended by a good personal injury lawyer.
4. You should make plans to ensure that you receive the right kind of medical care. In most cases, this means that you will need to be seen by an orthopedic doctor, a chiropractor, or a general practitioner who offers physical therapy services. Your attorney can give you the names and contact information of several trusted physicians in your area if you do not have a family physician who can refer you to the "right type" of a doctor or you don’t know one.
A) good Personal injury lawyers have many "contacts" in the medical field. Your attorney can often make arrangements for you so that you receive medical care as needed without having to pay upfront. An "Assignment" is a document that allows you to do this. This document is signed by both you and your attorney. The doctor will be paid for any proceeds.
5. Within the first 24-48 hours of meeting with you, your attorney should send several letters. These letters should be:
A) to insurance companies, advising that you are now represented and that all communication regarding your case should be made through the attorney's office.
b) To medical care facilities, requesting records and reports as well as bills.
c) To accident witnesses, asking them for statements or setting up appointments to review what they see or know.
d) To the investigating police, asking for the accident report.
This is the "middle stage", where you can get better.
Your attorney and her or his staff now act as "collection facilities", collecting records and billings from medical care providers and continuing to protect you from the insurance company representatives. Clients often call me to ask how my case is going. If case liability is not an issue (i.e. if the collision was the fault of the other guy and the insurance company has accepted responsibility), then I will simply answer the question "fine, how's your feeling?" This is because once we have "secured" the liability issue, all that remains is for the clients to feel better.
An experienced personal injury lawyer can review medical records and identify problems in writing or formatting. These can be found in the overall medical course. When certain diagnostic tests seemed questionable, I called doctors. I called doctors when my client was not improving.
The final stages of the case: the evaluation and settlement.
Once you have completed all medical care and are back to pre-collection status, or if that's not possible, then your attorney should consider trying to resolve your case.
Show me your money.
I realize that many people don't want to be auto accident victims. People don't usually get hurt to collect. Do not be hesitant to ask for money. This is not about getting rich. This is not about trying to cheat the system or take advantage of it. There is nothing wrong with feeling entitled to money if you are the victim of an accident. This is the only remedy in civil justice.
A good personal injury lawyer will give you their opinion on the value of your case once you are "settlement-ready". What good are they if they don't have an opinion or know anything about your case? Before you go to an insurance company to negotiate a settlement, your attorney should outline several points in writing. These are:
1. The attorney's opinion of the value of your case.
2. What the attorney will demand. The attorney must be able to negotiate in the discussion with the insurance adjuster.
3. What amount do you owe on outstanding medical bills? This will impact the amount of "net funds" that you receive.
4. Determine whether there are any liens on the settlement proceeds. You may have received payments from your health insurance, worker's comp, or a federal, State, or Local agency (Medicare or Medicaid) for medical bills. These groups could be eligible for reimbursement. This will also affect your "net funds".
5. What are your options if settlement negotiations fail?
Do you think the lawyer will attempt mediation? to arbitrate? to litigate? If you have the option to litigate, you must be aware of all options available and their pros and cons. These options should be compared with the settlement options. You should know that you can get 95% of your desired settlement through negotiation. It is not a good idea to file a lawsuit. This causes delay, increases expense, and leaves the case unresolved.
6. Who will negotiate? If you hire an attorney, I think it is okay for them to delegate administrative and non-legal matters to staff members who are not lawyers. However, the attorney you hire should be the one who calls you and helps you negotiate your case.
A successful settlement, hopefully.
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