Car accidents are common, and often cause serious injuries. While your primary focus should be on recovering from your physical injuries, you should also consider hiring a car accident lawyer.
An experienced Best Car Accident Lawyer In Maryland knows how to handle insurance companies and will negotiate a fair settlement on your behalf. They will also ensure that you are filing for all damages to which you are entitled.
Car accidents can result in a variety of losses for victims, from medical expenses to property damage and lost income. An experienced car accident lawyer can help a victim identify all of their financial damages and pursue them through an appropriate claim. There are two broad types of compensation that a victim may be eligible to receive in a lawsuit against an at-fault party: economic and non-economic damages. Economic damages account for concrete, quantifiable financial losses that can be tied to a specific numeric value, such as medical bills and lost income.
Non-economic damages, on the other hand, account for more subjective forms of harm such as pain and suffering and loss of enjoyment of life. In personal injury claims, the amount of a plaintiff’s pain and suffering is typically calculated using a multiplier that is applied to a victim’s medical bills. The greater a victim’s injuries, the higher the multiplier.
Other important aspects of a car accident case include punitive damages, which are designed to punish the party liable for the crash for particularly egregious or terrible conduct in the incident. A car accident attorney can help a victim establish that the other party in the accident acted with intent to harm or with utter disregard for their own safety and the safety of others.
After a car accident, it is essential for a victim to seek immediate medical attention. This is not only to ensure that any injuries are treated immediately, but it also helps with the calculation of damages. An injured person who delays seeking treatment may have their injuries exacerbated, which can significantly reduce the amount of compensation they are entitled to receive.
Keeping all records and documentation related to the accident is an additional way to protect your legal rights. This includes a police report copy, hospital or doctor bills, witness information and contact details, and pictures of the vehicle and any physical injuries. In addition, it is a good idea to write down what happened immediately after the crash, including any conversations with other people that you had.
Insurance Claims
Car accidents can leave you with a lot to deal with, including medical bills, property damage, lost wages, and more. Many of these expenses are covered by insurance claims, but not all of them. A qualified NYC car accident attorney can help ensure that your insurance company is properly compensating you for all of your losses.
Insurance companies often try to deny or underpay claims. A car accident lawyer can fight for the maximum compensation possible for your damages and losses, including noneconomic damages like pain and suffering. They can also calculate future damages in cases of long-term or permanent injuries.
Whether you need to file a claim against an at-fault party or against your own insurer for coverage under your own policy, a car accident lawyer can guide you through the process. They can review policies to assess if coverage meets your needs, and they can negotiate with insurance companies and other attorneys on your behalf.
A car accident lawyer can also evaluate your injuries and determine if they meet New York’s legal threshold for seriousness, allowing you to recover for pain and suffering. They can also review medical records to establish a link between your injuries and the accident, strengthening your case for causality. They can also assess whether you share any degree of fault for the crash, determining how comparative negligence laws might impact your recovery.
Car accident lawyers can also track down uninsured or underinsured drivers and bring a civil suit against them. They can also sue your own insurer for breach of contract if they do not pay out on your first-party claim. Lastly, they can also file a wrongful death lawsuit on your behalf if a loved one died in an accident caused by another driver’s negligent actions. A good car accident lawyer can help you decide when to accept an insurance settlement and when to take your case to trial for a jury verdict. They may also have a network of experts to support your case, including accident reconstruction and medical professionals. They can also work on a contingency fee basis, meaning they only get paid when you win your case.
Negotiation
Car accident lawyers can help you negotiate a settlement that reflects your true costs and losses. A successful settlement requires patience and perseverance, a comprehensive understanding of your rights and damages, and skilled negotiation. However, it’s important to remember that every case is different and the amount of time a car accident claim takes to settle can vary widely, depending on the extent of your injuries and the length of recovery.
The settlement process begins with your lawyer sending the insurance company a demand letter specifying how much you believe your case is worth. This document should include documentation of your medical treatments, any ongoing health issues, the extent of your property damage, and other expenses related to the accident. During the course of your negotiations, the insurance company may request medical appointments and/or additional documentation to support your claims. Your lawyer will be prepared to answer any questions that the insurance company has during these appointments and will keep you informed on what to expect.
Some cases involve complex issues, such as disputes over liability, which can prolong the settlement process. In these situations, your attorney may choose to seek expert opinions to strengthen the credibility of your arguments. These experts may be doctors who have evaluated your injuries or law enforcement officers who responded to the accident scene. These opinions can make the difference between a lowball offer and a fair settlement.
Once the insurance company has received your demand letter and any additional supporting documents, it will typically make a preliminary settlement offer. This is the starting point of negotiations, and your lawyer will advise you on whether to accept the offer or reject it. Your lawyer will carefully assess any offers and will not recommend accepting an offer that does not fully cover your damages and losses.
Once you accept a settlement, your attorney will finalize the terms of the agreement by preparing and signing a final settlement agreement. The insurance company will then pay you the agreed upon amount, minus any applicable fees and/or deductions. Your attorney will follow up with the insurer to ensure that you receive prompt payment. This will allow you to address medical bills and other expenses before they become overdue, and it will also help prevent further complications and financial stress.
Litigation
In car accident cases, the insurance companies will often dispute liability and minimize the extent of your injuries. In order to recover the full amount of your damages, you will need a skilled lawyer who can fight back against these tactics.
Your lawyer will file a lawsuit against the at-fault driver or their insurer in court to pursue your claim for compensation. A lawsuit will begin the discovery process, which involves both parties exchanging information about the case through written requests for documents and depositions. Your attorney will also review medical records, obtain expert opinions to support your claims and establish a connection between the accident and your injuries, including proximate cause.
After discovery is complete, your attorney will submit a settlement proposal to the defendant’s insurance company. This offer will include a detailed breakdown of your losses, along with documentation supporting those damages. If the insurance company refuses to settle, or if you reject their settlement offer, your case will go to trial. During the trial, both sides will present evidence and a judge will make a final decision.
While the vast majority of car accident cases settle before trial, some do not. Your NYC car accident lawyer can help you decide whether to accept an insurance settlement or take your case all the way to a jury verdict.
The Trial Process
The trial of your car accident case will be a long and difficult process. It will likely require multiple trials and years before you receive a verdict. Your NYC car accident lawyer will prepare you for the process and provide you with the best possible chance of winning your case.
A quality NYC car accident lawyer will have extensive experience in personal injury litigation and a reputation for successfully representing clients. They will also have a network of professionals to assist with the case, including accident reconstruction experts and medical professionals to evaluate your injuries and treat them as needed. They will also work on a contingency fee basis, meaning they only get paid if you win your case. This aligns their interests with yours and makes them highly motivated to achieve a positive outcome for your case.