Before we jump into why you need a lawyer, let’s take a peek at some scary car accident statistics in the US.
- There were 35,766 fatal car accidents in a single year
- Alcohol was responsible for 10,598 car accidents
- Over speeding resulted in 11,258 fatalities
- Drivers accounted for the most deaths (19,519) in car accidents
- 11% of car accident fatalities were minors
These numbers from recent reports paint a scary picture of the current state of US roads. It also emphasizes the importance of having a car accident attorney readily available.
A car accident attorney can help with a number of things. All these things lead to one goal: securing fair compensation for the victim.
Here are some ways an attorney will offer their assistance in a car accident claim.
1. Determine liability
Finding the liable party in a car accident can be a tricky and troublesome affair. The victim will have to prove the following elements to find out who was responsible for the car accident:
- Duty of care
- Breach of duty of care
- Causation
- Damages
Once these four elements are proven, it will be clear who was responsible for the accident. It is impossible for the victim to prove these four elements when receiving treatment for their injuries.
A car accident attorney, on the other hand, knows these elements like the back of their hand. They will consider all the facts and findings of the claim and make the best use of the information at hand.
2. Evidence Analysis
The victim may have all the evidence for a successful car accident claim, but it’s pretty useless if they don’t know how to use it. This is where the role of an attorney is invaluable.
A car accident attorney knows how and when to use evidence. They will also analyze the evidence, finding things that the victim will miss.
Additionally, the car accident attorney will also make use of expert witnesses. These are specialists in their respective fields who can make meaningful statements with the information provided. These expert witnesses can help in establishing liability, proving the seriousness of the victim’s injuries, and more.
3. Calculating Compensation
Victims of car accidents are vulnerable to different types of losses. Some are physical, while some are emotional.
Whatever the losses may be, it is important to take them into account when calculating compensation.
Generally, personal injury law compensates for two types of losses:
- Economic damages
- Non-economic damages
The victim’s losses usually fall into one or both of the categories mentioned above.
When calculating compensation, the attorney will consider all the losses the victim has suffered. The attorney knows the right formulas to use and will plan an amount that is slightly higher than the losses the victim has suffered. The higher amount gives room for negotiation.
4. Handling Insurance Companies
Victims usually seek compensation from the at-fault party’s insurance company. Once the insurance company receives the claim request, they will assign an insurance adjuster. This adjuster will be tasked with investigating the claim and preparing a value for compensation.
Since insurance adjusters are agents of the insurance company, the amount they propose as compensation will never be sufficient for the victim’s losses. Additionally, the insurance adjuster will be pressured to close the claim as quickly as possible.
The insurance adjuster, in turn, pressures the victim to accept their offer. They will resort to unethical tactics, like shifting blame and downplaying injuries, to trick the victim into accepting the offer.
A car accident attorney is an effective counter to insurance adjusters. Insurance adjusters usually think twice before engaging with a car accident victim who has lawyered up, as they are more difficult to convince.
5. Compensation Negotiation
Receiving compensation after a car accident isn’t a straightforward process. The victim’s attorney will make an offer which the insurance company rejects. The insurance company makes a counteroffer, which the victim’s attorney rejects. This rejection and making counteroffers will go on for a while.
With an attorney by their side, victims can be sure of receiving fair compensation for all their losses. They will also negotiate hard until the insurance company accepts their demands.
Final Thoughts
An attorney is invaluable in a car accident claim. With their assistance, the victim’s chances of acquiring fair compensation increase considerably.
If you’re injured in a car accident and feel that the other person is at fault, reach out to an attorney. They’ll know what to do to make sure your rights are upheld.
