Accidents happen to the best of people. In the U.S. alone, there are more than six million auto accidents each year—and three million injuries.
They’re harrowing events that have lasting consequences. They can be a whirlwind of pain, confusion, stress, and heartbreak. In such delicate times, it’s important to find an accident lawyer who has your back.
So buckle up and read on to become a savvy legal navigator and a confident advocate for your own rights.
The Different Types of Vehicle Accidents
The trauma of an accident can stay with people for years after the event, eroding confidence on the road and feelings of personal security.
In addition to physical and emotional trauma, financial repercussions can result from an accident, contributing to the fallout. In order to recover from damages, it’s often necessary to work with auto accident lawyers—and to understand the process from day one.
Accidents take many forms.
On the road, the most common include car, truck, motorcycle, and bicycle accidents – with differing levels of severity and danger.
Car Accidents
Car accidents are by far the most common type of collision. They range from simple fender benders to severe, multi-car collisions that cost life and limb. Fault, insurance coverage, and the severity of injuries factor into every case.
Bike Accidents
Typically, a bicycle accident involves a collision between a cyclist and a motor vehicle.
However, these cases can still be complicated by factors such as road conditions, visibility, and the actions of both the cyclist and driver. The existence (or absence) of dedicated cycle lanes—and their state of maintenance—can factor into a case, potentially roping in municipal authorities as a responsible party.
Bike accident lawyers specialize in state and federal laws surrounding the use of bicycles on roads. When comparing the relative size of cyclists with motor vehicles on the road, accidents have the potential to cause life-changing injuries. In the case of an accident, cyclists need the expertise of a specialist.
Truck Accidents
Truck accidents tend to be more complicated than bike and car accidents, and truck accident lawyers need to interact and liaise with more parties. In addition to the drivers involved, the trucking company, truck manufacturer, and other partners may be involved.
This adds complexity to the process and can make it more difficult to determine who is at fault. It can also drag out proceedings—and only increases the necessity for the services of a truck accident lawyer.
What Makes Vehicle Accidents Complex to Resolve
Filling out an accident claim is a complex and time-consuming process. In the aftermath of a collision, many victims need to focus on other aspects of their lives, such as recovering from an injury and arranging recovery time off of work.
They often aren’t in the right frame of mind to gather evidence, determine fault, and negotiate with insurance companies. And it’s unlikely a victim has the necessary experience to represent themselves.
Additionally, each type of accident claim comes with its own unique challenges.
For instance, bike accident claims can involve determining whether the cyclist or driver was at fault and if any road conditions contributed to the accident’s occurrence. Car claims also require an assessment of fault, as well as an examination of the nature of the injuries sustained.
Settlement bills are comprised of medical fees, lost wages, property damage, and damages for pain and suffering. The average settlement for auto accidents in the U.S. amounts to around $25,000 when combining fees for personal injury and property damage.
In general, all parties involved in an accident want to avoid paying legal, punitive, and compensatory fees, which can be substantial. Drivers don’t want their insurance premiums to go up, and insurance companies don’t turn a profit by paying out more than they have to.
The Different Types of Accident Lawyers
The main distinction between different types of accident lawyers is their area of expertise. Truck accident lawyers have specialized knowledge concerning claims involving commercial trucks and the trucking industry at large. They can navigate the complexities of trucking accidents efficiently, dodging pitfalls that a different lawyer might not be able to.
Bike accident lawyers, on the other hand, possess a deep understanding of the laws governing cycling accidents. They can ensure a victim’s rights are protected throughout the claims process.
Car accident lawyers, also known as auto accident lawyers, are well-versed in the auto claims process and understand everything from gathering evidence to negotiating with insurance companies and lawyers representing other parties.
The Legal Labyrinth of Working With Accident Lawyers
Working with lawyers for accidents involves a four-step process that begins with a consultation. From there, they will advise you on your next steps before moving forward.
The Initial Consultation
Your first meeting serves as an opportunity for the lawyer to assess the specific details of your case and determine the best course of action.
It is also an opportunity for the client to ask any questions they may have and gain a better understanding of the legal process. It’s important to speak up if you’re unclear about the law, your rights, or the likelihood of winning your case.
During the initial consultation, clients should be prepared to provide as much information as possible about the accident. This may include details about the circumstances surrounding the accident, any injuries sustained, and any medical treatment received.
You should also be prepared to discuss any financial losses they have incurred, such as lost wages or property damage.
The initial consultation is an important first step in building a strong attorney-client relationship. By being open and honest about the details of the accident, you can help your lawyer gain a clear understanding of the case, enabling them to develop a tailored legal strategy that maximizes the chances of success.
The Evidence-Gathering Phase
The evidence-gathering phase is crucial. The quantity and quality of available evidence will make or break your case.
During this stage, auto accident lawyers will work closely with you to collect and preserve relevant evidence. That evidence may include:
- Photographs
- Witness statements
- Dashcam footage
- Police reports
- Medical records
- Insurance records
In addition, your lawyer may engage in further investigation. They will be looking to uncover any details that strengthen your case. They might visit the scene of the accident, consult with experts, or analyze your medical records to understand the extent of your injuries.
Throughout this phase, it’s vital for you to maintain open lines of communication with your lawyer. Responding promptly to their inquiries and requests for information will help ensure your lawyer has all the tools necessary to build a compelling case on your behalf.
The Claims Process
With all evidence gathered, the claims process begins.
Typically, accident lawyers will begin proceedings by filing a claim with the other party’s insurance provider. The claim outlines the specifics of the accident and the desired compensation. This may include:
- Property damage
- Medical bills
- Compensation for suffering
- Lost wages
Insurers have their own teams of lawyers. Their mandate is to minimize the amount they pay out. So, negotiating with them is often a contentious process. Experienced accident lawyers use their knowledge of the law and the evidence at hand to push for the best possible outcome for their clients.
It’s possible that there will be some back and forth until you’re presented with a satisfactory result. In some cases, negotiations may end without a fruitful outcome. Should this happen, it’s possible an accident lawyer will recommend taking a case to court.
Yet court proceedings are rare. According to the U.S. Bureau of Statistics, only 3-5% of personal injury cases ever see the inside of a courtroom. This is because it’s almost always cheaper to settle out of court.
Reaching a Settlement
Settlements are reached through a variety of means. They’re reached both in and out of court. Outside of the courtroom, most settlements happen after a period of negotiations with insurance companies. Should a case go to trial, the ultimate outcome will depend on the judge, the evidence presented, and the overall strength of the claimant’s case.
Throughout this process, your accident lawyer will work tirelessly to advocate for your interests.
Settlement amounts can vary widely depending on the specifics of the case, such as the severity of the injuries sustained, financial losses incurred, and the degree of negligence of the at-fault party. It’s important for clients to maintain realistic expectations regarding the potential outcome of their case, and to trust in the guidance and expertise of their auto accident lawyer.
Upon reaching a settlement, the lawyer will handle the disbursement of funds. They’ll ensure you receive any entitled compensation in a timely manner. From there, you can focus on your own recovery, taking comfort in the knowledge that your financial burdens are taken care of.
How to Choose the Right Lawyer
Choosing the right accident lawyer is crucial to the success of your claim. You’re not just looking for expertise.
Instead, you need to weigh up a variety of factors. Remember that it’s okay to ask for free quotes and consultations, and shop around to find the best solution for your needs.
The Five Factors
The factors to consider before you select a lawyer fall broadly into five common categories: expertise, experience, reputation, communication, and cost.
It’s not enough to hire a general attorney. Instead, you need to ensure they have the expertise to handle the particulars of your case. That means they should specialize in the type of accident claim you’re filing.
In addition, you should look for a lawyer with a proven track record of success in handling similar cases. Testimonials from past clients, online reviews, and referrals are all means of establishing their authenticity. That will also help you judge their reputation based on the opinion of others.
Wherever possible, you should choose a lawyer who is known for their ability to communicate clearly and effectively with clients. They should keep you updated on the status of your claim and be willing to simplify legal jargon so that you always understand the strengths (and weaknesses) of your case.
Finally, you’ll need to analyze the lawyer’s fee structure.
In vehicle accident cases, it’s common for lawyers to operate on contingency fees. Contingency fees are subtracted from the final settlement received by a victim to cover legal expenses.
In some cases, this can mean you pay no legal fees whatsoever. However, most of the time you will need to cover the cost of filing legal documents. It’s also likely that you will have to pay an initial retainer—though the amount is negligible when compared with the total cost of hiring a lawyer out of pocket.
How Accident Lawyers Aid Your Road to Recovery
Accident lawyers not only help you navigate the complex and unfamiliar world of claims and settlements, but they also provide essential support and guidance. They assist you by:
- Protecting your rights
- Reducing stress and worry
- Securing financial compensation
- Ensuring you’re treated fairly
- Offering emotional support
When you work with an accident lawyer, you can rest assured that you have an experienced professional going to bat on your behalf.
Find the Right Lawyer for You
Auto accidents lead victims into a complex legal landscape, unsure of whether they’ll ever receive the compensation they deserve.
Now that you understand the claims process, take your time in selecting a lawyer who is right for your needs. The right accident lawyer makes the difference between fair compensation and walking away empty-handed.
Did our article clear some things up? Click here to browse others in our legal category.