Car accident cases can subject a person to expensive medical costs, considerable property damage, serious injuries, and lost work time. The good news is that victims can claim compensation for any harm or loss suffered. However, navigating a car accident case to add to all the stressors could be overwhelming. A skilled car accident personal injury attorney can help you by doing other things as you concentrate on recuperating. Here is how they will help you:

Advise on Your Legal Rights

If the accident resulted from recklessness, negligence, or deliberate acts of someone else, you might have a case and the legal right to pursue damages from the liable party. Among the most crucial things a knowledgeable personal injury attorney can do for you is advise you on your rights after sustaining injuries due to another person's negligence. For example, you have the right to:

  • Medical attention
  • Pursue compensation
  • Exchange information
  • Legal representation

The lawyer can also advise you on what to do and what not to do to maximize your settlement. For example, you are not supposed to admit fault or apologize for the accident, as the other party’s insurer may use this information to deny you your deserved compensation. You are also not supposed to talk to the liable party's insurance company without your lawyer present, as you risk incriminating yourself, and any information you provide could be used against you.

Also, after the crash, you may wonder whether your case is compelling enough to pursue. Car accident lawyers generally offer a complimentary case review to assist clients in deciding whether or not to sue. During this consultation and case review stage, you will tell your attorney how the collision happened, and they will then ask some questions before providing legal counsel, which includes explaining whether or not you have a legitimate claim or lawsuit and against what parties.

A skilled car accident attorney would understand how to deal with car insurance providers and the distinct fact patterns related to your auto accidents.

Collect and Store Evidence

After an auto accident, an attorney can take various steps to help you collect evidence that might assist in establishing liability for the collision and the damages you suffered. To comprehend what transpired, the attorney will begin by wanting to know about the collision, and then they will gather evidence about it, including:

  • Video and Photo Footage

Photos and videos are invaluable evidence in auto accident cases as they clarify vehicle positioning, the time of day the accident occurred, the weather, and other environmental conditions. They can also provide physical evidence of property damage incurred. Furthermore, many primary roads have traffic cams placed at regular intervals. If a video cam captured the accident, your lawyer can request the footage to establish the series of occurrences that resulted in the collision.

  • Police Reports

Once police officers come to the crash scene, they will ensure everybody is safe. Afterward, they may have to take photos, redirect traffic, and give citations to the parties involved. Before leaving, they will write a police report detailing information of any party involved in the collision, the location and time, and an account of bodily injuries.

The police report may also include statements about what officers believe caused that accident. Your lawyer can retrieve this document and use it to establish who or what caused the crash. Contrarily, if your lawyer thinks the report is false, depending on other pieces of evidence, they could challenge the findings.

  • Medical Bills and Reports

After being involved in an auto crash, you might accumulate substantial bills for your medical treatment. A skilled lawyer will want to have a record of your medical history and these bills. These documents give evidence of any injuries you sustained because of the auto crash.

Based on the healthcare provider, medical records may take an extended period to be ready. Your lawyer may have to make several requests before the healthcare provider responds. In the meantime, you can concentrate on recuperating from the collision.

  • Crash Scene Reconstruction

When reconstructing a crash scene, experts consider skid patterns, vehicle damage, and other pieces of evidence that can help recreate the collision. Your lawyer may determine that it is necessary to recreate a crash scene if there is inadequate evidence to demonstrate a critical element of your case. If, for example, you and the other involved party or parties have varying opinions regarding the speed at which you were driving, reconstructing the accident scene can assist in establishing this fact conclusively.

  • Eyewitness statements

If any bystanders were at the crash scene, your attorney will speak with them and obtain their statements regarding what they witnessed.

Other evidence your lawyer can help you gather includes workplace inspection records, phone records, and physical evidence such as damaged auto parts.

Evidence may quickly be destroyed or disappear. An attorney can take the necessary steps to protect evidence; for example, they may send spoliation of evidence letters that direct the respondents not to destroy it under penalty of the law.

Thoroughly Probe Your Case

An attorney can investigate your car accident case to establish the circumstances that led or contributed to the collision and what party is legally to blame for the loss and injuries you incurred. Based on the factors present, an investigation might consist of:

  • Consulting expert witnesses who can reconstruct the scene of the collision
  • Reviewing the police report and other official reports about the accident
  • Interviewing people who witnessed the crash
  • Accessing data stored electronically
  • Examining legal reports, records, and any other document relevant to your case
  • Issuing a spoliation letter or letters to prevent the destruction of evidence
  • Reviewing videos or photos of the crash scene

You may have a valid claim or lawsuit against several parties based on facts about your car accident case. Other parties that may be liable for the crash apart from the negligent motorist may include:

  • Mechanics who did not correctly install an auto component or part
  • Vehicle manufacturers in case a faulty car part caused the collision
  • Private contractors or municipalities in charge of maintaining roadways
  • Other negligent motorists who contributed to the collision
  • The negligent motorist’s employer

A lawyer can explain to you what party or parties might be legally and financially responsible for the injuries or losses you suffered.

Handle All Communications With The Insurer

Many car accident cases do not go to a court trial. Based on the case facts, you could file an insurance claim against the liable party's insurer and request damages up to the policy's limit. An attorney can substantiate the relevant coverage and policies. Also, lawyers can be in charge of all communications with the insurer (which might include manipulative and deceptive tactics), leaving you with time to concentrate on recovering and preventing you from saying anything that may hurt your claim.

Determine The Value of Your Compensation and Help You Pursue It

After an auto crash, you may sustain financial setbacks and severe injuries for which you might recover damages. Per California personal injury law, economic damages for a victim of a car accident caused by another person's negligence might include:

  • Lost wages—if the injuries you suffered made you miss work, an attorney can assist you in seeking damages for the wages you lost and might lose in the future.
  • Medical expenses—An attorney can assist you in recovering damages for past, present, and future medical costs connected to your injuries. This might include expenses for surgeries, hospital stays, rehabilitation, medications, assistive devices, therapy, and bills for other necessary medical treatments.
  • Property damage—if your car or any other property was damaged or destroyed in the crash, a lawyer could help you seek damages for the repair costs or the property's fair market value if it was considered a total loss.
  • Diminished earning capacity—a lawyer can help you recover damages if the injury caused a reduction of the same capability to earn income you would have earned in the absence of that injury.
  • Wrongful death damages—if the auto collision killed your close family member, like your parent, child, or spouse, a lawyer can assist you in recovering damages via a wrongful death claim or lawsuit. The damages you may receive include those for burial and funeral expenses, final medical bills, the financial hardships you will suffer because of the lost income the deceased once provided, and loss of consortium.

California personal injury law also acknowledges that not every loss caused by negligent or reckless conduct is economic. Thus, you may also recover compensation for non-economic damages, like pain and suffering. Pain and suffering damages compensate for the emotional and physical pain and suffering you experienced due to the collision and resulting injuries. Other non-economic damages you can recover include mental anguish, physical discomfort, loss of enjoyment of life, and emotional distress.

You can also recover punitive damages. In some instances where the liable party’s conduct was intentional or reckless, an attorney may assist you in seeking punitive damages in court. These damages are awarded to punish at-fault parties and discourage similar conduct from them or other parties.

Note that no two car accident cases are the same, and your possible compensation will be based on the unique facts of your case. An attorney will assess all your damages and determine the compensation amount you should pursue to cover your losses and injuries.

Ensure the Claim Is Filed Within the Time Limit

If involved in a car accident due to someone else's negligence, you have a particular timeframe to bring a suit against the liable party. This timeframe is defined under a law called the statute of limitations. According to the California statute of limitations, car accident victims due to another party's negligence typically have 24 months from when the collision happened to bring a lawsuit.

But there are cases when you can have less or more time than the stipulated time frame, like if the collision involved a minor or the government. A skilled personal injury attorney understands the applicable time limits involved in car accident cases and can potentially assist you in taking action before you no longer have time.

Negotiate a Fair Settlement

Once your lawyer has collected evidence regarding your collision, they will utilize it to develop your case. They will determine your compensation value after establishing who was to blame for the accident. Through negotiations, the lawyer will strive to obtain a fair settlement offer from the liable party’s insurance provider if you have suffered expensive property damage or severe injuries.

Car accident personal injury attorneys know about the value of car accident claims. They can assess how the crash impacted you and request compensation for the total value of your claim as the law specifies.

Based on their knowledge and experience, your lawyer can reject a low settlement offer from the insurer and table their counteroffers. Negotiations will likely be back and forth before you agree with the liable party on an acceptable settlement. Most auto accident claims end in this manner, though your lawyer might suggest that you proceed to trial in special cases.

Should the liable party's insurer request a statement from you during negotiations, you want to tell them to speak to your lawyer. By seeking assistance from your lawyer, you can avoid unintentionally assuming fault for a crash you did not cause. If you accidentally say anything that incriminates you, the insurer may try using it to cut your settlement amount.

File a Lawsuit in Court If Necessary

Most auto crash victims solve their cases outside of the court. However, a skilled personal injury attorney can prepare for a court trial if the insurer fails to agree to a fair settlement. Preparing to take a case to court might entail preparing an official complaint, performing discovery to collect relevant evidence regarding your case, and preparing different motions for the court.

Should you decide to proceed to court, it is at this point that attorney representation and counsel will be crucial. The attorney will represent you at court proceedings by examining eyewitnesses and expert witnesses, making legal requirements, cross-examining defense witnesses, and submitting evidence in favor of your claim.

The responsible party's insurance provider will have experienced attorneys representing them. A skilled car accident lawyer would know how to argue against the insurance company’s attorneys for you. Even though taking a case to trial is an overwhelming and stressful experience, representation by a trusted car accident attorney can give you peace of mind.

Help Determine Liability

For many car accident cases, liability is clear. Two vehicles collide, and the blame falls on one of the motorists. However, there are some cases where liability is not clear. That is where establishing guilt comes in. Determining who is lawfully responsible for a car crash can be difficult, and that is where you need a lawyer’s help.

When establishing responsibility for a car crash, you must identify legal fault within the incident. Was the accident a result of negligence or recklessness, or was it because of another person’s inaction or actions? Usually, liability falls to the negligent motorist, but other factors may come into play, like manufacturer mistakes, which may mean there is another party to blame apart from the driver.

Your attorney will evaluate all the involved parties and analyze the evidence available, including witness statements and accident reports, to establish who should be legally responsible for the collision. Depending on the complexity of the case, the accident might necessitate further investigation.

Seeking Other Ways to Resolve the Case

Alternative dispute resolution (ADR) techniques are a valuable tool for anyone who wishes to avoid the emotional strain, time, and cost of litigation. An experienced attorney can provide sound legal counsel and representation to assist in navigating this process. There are three primary types of ADR: conciliation, mediation, and arbitration.

  • Mediation—During mediation, a neutral party (mediator) moderates communication between the parties involved to reach a mutually beneficial solution. This technique requires the parties involved to be willing and open to making compromises.
  • Conciliation—Conciliation, like mediation, involves working cooperatively through negotiations but often entails the mediator actively participating in the conversation. Eventually, conciliation aims to assist parties in reaching practical solutions with reasonable timeframes so everybody can move on.
  • Arbitration—here, both parties present their case to an unbiased third party (an arbitrator). The arbitrator then decides on the matter. Arbitration is beneficial if you seek a quick resolution rather than go to lengthy court proceedings.

Note that ADR effectiveness will primarily depend on the unique facts of every matter and whether or not the involved parties have agreed to take part in good faith. Regardless of what type of ADR you use, having an expert lawyer guide you will assist in ensuring your legal rights will be safeguarded while you concentrate on healing.

Find a Knowledgeable Car Accident Personal Injury Attorney Near Me

If you wish to know more about how a car accident lawyer can assist in your case, we at Orange County Personal Injury Attorney will expound further. Having a lawyer help navigate your claim or lawsuit can give you the peace of mind you deserve, as you will rest assured an experienced legal professional is handling your case. Contact us now at 714-876-1959 to set up your consultation and discover whether or not you are entitled to pursue damages for your losses and injuries in the first place.