A car accident is always a devastating experience; it brings a lot of chaos into your life, not only physically but also psychologically, making you feel overwhelmed. While you could be dealing with injuries, vehicle repairs, and insurance headaches, one thing is clear: it is pretty challenging to know what to do when you are a victim of a car accident and have no idea what to do next.

However, you do not have to face the aftermath of a car accident alone. With the help of an experienced car accident attorney, much of the work involved in filing a car accident claim and seeking justice is done on your behalf. From the time that you are involved in an accident until the time you are settling with the insurance companies, a qualified personal injury attorney can be your most significant support.

Whether you or your loved ones have been seriously injured, you have lost a family member, or you are in a situation where you cannot pay for your medical treatment, the right legal help will ease all these troubles. A car accident can ruin your life if you do not have a legal representative by your side. Therefore, you should let a lawyer help you start over.

If you or a loved one has suffered serious injuries due to a car accident. In that case, you should consult an experienced personal injury lawyer who will assist you in obtaining the compensation you deserve.

The Role of My Car Accident Personal Injury Lawyer

The role of your car accident lawyer is more than just representing you in court. As soon as you consult with your attorney, they start working on your case by reviewing all the details of the accident, conducting an investigation into what might have happened, and developing a plan to ensure you receive fair compensation. Your attorney will:

  • Find out who is to blame for the accident
  • Gather evidence to support your claim
  • Negotiate with the insurance companies involved in the insurance of the vehicle involved in the accident.
  • Assist you in sorting through medical records, legal paperwork, and offers made by the insurance company.
  • Ensure that you meet every deadline so that you do not miss out on filling out your personal injury claim.

How a Personal Injury Lawyer Can Help You After Your Car Accident

Some of the ways your attorney could help you include the following:

Determining Liability

Your car accident lawyer will establish who is to blame for the ordeal. Assigning blame is not always easy, especially in cases that involve more than two cars.

In California, comparative negligence is used, meaning that each party’s degree of responsibility will determine the amount of damages they are entitled to. For example, if you are given a contributory negligence reduction of 20%, then your compensation will be reduced by a similar amount.

Your lawyer will, therefore, look for the police reports, witnesses, and even CCTV footage to determine who was at fault in the accident. They will also consult with accident reconstruction specialists when necessary to fully explain how the accident occurred. When liability is correctly assessed, your lawyer will assist you in making sure that you obtain the compensation you deserve.

Evidence Gathering

Good evidence is the basis of a good case; this is where your car accident lawyer comes in. As soon as you hire your attorney, they will start gathering all the evidence essential for your case. This goes beyond merely gathering a handful of pictures of the scene of the accident; it means getting to the bottom of everything that led to the crash.

Your lawyer will secure police reports, photographs, medical reports, and confessions from any eyewitnesses who may have been present when the accident occurred, as well as photographs or videos from traffic cameras or other vehicles involved.

After gathering the evidence, your lawyer will store all the facts securely so they can have something to present in court once required.

Establishing Damages

Another vital responsibility of your car accident lawyer is to evaluate the losses you have incurred in this ordeal, both financial and non-financial. After your car accident, the losses you could incur are more than the repair of your car or the initial medical bills; you could experience recurrent health issues in the future due to the ordeal. Your lawyer will assist in estimating other incidental damages you should be compensated for to cover your losses.

Some of the damages may include:

  • Medical expenses. These losses include initial hospital costs and healthcare costs that may be required for further treatment, such as physiotherapy and medical treatment in the future.
  • Lost wages. If your injuries prevent you from earning a living, your lawyer will ensure that your past and future loss of wages are included in the claim.
  • Property damage. If any of your property is severely damaged, your lawyer will help you file a claim for any expense incurred in repairing or replacing your car and other damaged property.
  • Pain and suffering. Your lawyer will help you claim for physical suffering and pain, emotional stress, and the loss of enjoyment in life due to the accident. Measuring this might be difficult; however, an experienced lawyer will advise on what reasonable value should be put on such evidence based on similar cases and the circumstances of your case.

Your lawyer will gather evidence of your losses by engaging doctors and vocational trainers to piece together a vivid and realistic picture of how the accident has impacted your life. This vivid picture enables your lawyer to sue for the highest compensation you deserve.

Obtaining Your Medical Records

Medical records are one of the most crucial pieces of evidence that a car accident attorney will need. These records give clear and concise information about your injuries, the treatment you have received, as well as the impact of the accident on your health in the future.

However, obtaining and organizing such records can take time and effort, especially when dealing with different caregivers or specialists. Your car accident lawyer will request and obtain all medical records on your behalf. ‘

They will request for admissions to the emergency room, diagnostic procedures such as an MRI or X-ray, doctor’s written instructions, medications, and notes from a physical therapist or other healthcare providers. They will also make sure that any other future medical treatments are covered in your claim, especially if you need long-term care and rehabilitation.

Your attorney may also need to contact doctors to explain the records and how they capture the true extent of your disability and how it affects your daily life. These expert opinions can be important if your case proceeds to trial because they can simplify your claim in a manner that a judge or jury would understand.

Ensure Your Car Accident Profile is Complete

To make a car accident claim solid, your attorney has to paint a clear picture of what transpired before, during, and after the accident. This is not just about proving negligence or demonstrating harm. Your lawyer will ensure that all the pieces of evidence are put together properly to ensure that the case is well organized and convincing to the judge.

This comprehensive approach may include:

  • Accident Scene Evidence: Pictures and videos of the accident scene, traces or marks left by the skidding vehicles, traffic lights, and the weather conditions prevailing at the time of the accident can give a better perception of the causes of the accident.
  • Eyewitness Testimony: An eyewitness may confess certain happenings of the accident that you cannot recall.
  • Expert Opinions: Professional accident reconstruction and vocational experts can be called to give detailed analysis and help to support your claim. Their knowledge can assist in outlining the details of the accident or a possible need for treatment long-term.
  • Your Account: Your lawyer will also contact you to ensure that your version of the story is presented. Pain and suffering are compensated based on your experience; how the accident has affected your life will determine the amount you will receive.

Communicate with the Insurer of the Other Driver involved in the Accident

Insurance companies can be some of the most difficult to deal with in a car accident case. Insurance adjusters are very careful with how much they pay out; they will do whatever they can to either pay you less or not. It is here that your lawyer comes in as your representative.

Your car accident lawyer will help you complete the necessary paperwork, answer correspondence, and bargain reasonable compensation for your benefit. They will also ensure that your claim is stated in the best possible way to prevent the insurer from using any facts against you.

Also, insurance providers can give preliminary payments that are very low compared to what you should get. Your lawyer will look at offers and tell you whether or not to take them. Your lawyer will also fight against any move the insurer may make to underestimate your injuries, shift blame to you, or even undervalue your compensation amount.

Your lawyer effectively handles these negotiations and communications, thus relieving you of stress and striving to ensure that you get the best compensation as per the law.

Negotiating with Your Lien Holders

After a car accident, you may incur different medical costs, and these costs may lead to some sort of lien to your settlement. A lien is a legal claim that blocks your access to part of your settlement money for repayment to a third party, usually a doctor or an insurance company that treated you.

Managing these liens can be pretty challenging, especially when dealing with the stress of recovery and the legal processes involved after a car accident. Your lawyer will communicate with the lien holders on your behalf to retain as much settlement as possible.

Your attorney will do this by scrutinizing all your medical bills and liens to establish any overcharges, mistakes, or fraudulent practices. Your lawyer can also negotiate directly with the providers or insurers to settle for a lower amount, which increases your end cash back.

Your lawyer deals with these negotiations in such a way that the lien holders cannot take advantage and reduce your pay. Your attorney knows the legal process in these negotiations and can represent you to ensure that you concentrate on your recovery.

Negotiating with Defendants or Insurers

Competent negotiation skills are one of the most essential elements in resolving car accident claims, and your lawyer can make a considerable difference in negotiating on your behalf. Your lawyer will fight hard to ensure you obtain the best deal, whether through the other driver’s insurance company or directly with the defendants.

Your attorney will do this by first analyzing the damage that you incurred, including medical bills, lost wages, and suffering. With this analysis, your lawyer will argue a coherent case before the insurer or the other party and show why you need reasonable compensation.

Filing a Car Accident Lawsuit

If your Los Angeles personal injury lawyer cannot reach a favorable settlement with the insurance company or defendants, they may suggest filing a lawsuit. This step is frequently required to ensure you get the compensation you deserve for your injuries and losses.

This process might be too complicated to comprehend, and therefore, you will need the service of an experienced lawyer who will lead you through it. When your lawyer files a lawsuit, they will prepare a formal complaint outlining your claim against the person responsible for the accident.

The document contains essential details such as:

  • The Parties Involved: Your lawyer will determine everyone who is legally at fault for the accident: the other driver, the car manufacturer, insurance companies, and the government in case some damage on the road caused the accident.
  • Factual Background: The complaint will summarize the incident with a vivid explanation of how the accident happened and the losses you incurred.
  • Legal Grounds For Your Claim: Your attorney will then showcase the legal basis for filing the lawsuit, such as negligence or recklessness and how the other side's negligence caused your injuries.

The next step after your lawyer has filed a lawsuit and showcased it is the discovery phase, where each party gathers information, takes statements from key witnesses, and exchanges the information. This phase takes a lot of time, but your case needs to be strong.

Your lawyer will also attend to different pre-trial motions and may participate in settlement negotiations even after filing the lawsuit. Your lawyer will ensure that you obtain the compensation you deserve, whether it is through a settlement with the insurers or the other side or through court.

Representing You in Court

In case of a trial, your lawyer will have a very vital position of being your advocate and will defend you before the court. This is where your extensive planning and their legal experience step in to fight for your rights and to pursue the damages you are owed. Knowing how the courtroom process is to be conducted will help reduce your stress and also see to it that you are comfortable throughout.

During your trial, your lawyer will:

  • Present Your Case: First, your attorney will make an opening statement to point out the main reason for your case and what you want to prove. They will use the evidence, witnesses, and a specialist to explain in detail how the accident changed your life.
  • Cross-examine Witnesses: Your lawyer will be able to question eyewitnesses from the defendant's side. Statements or confessions from these key witnesses can lead to the dismissal of the other party’s case due to inconsistencies and your attorney deeming their utterances untruthful.
  • Deliver Closing Arguments: During a court proceeding, the last word is left to the lawyers; after all the witnesses from your side and the other side have testified, your lawyer will give a brief statement arguing that you deserve compensation.
  • Go Through Courtroom Procedures: It is often very challenging to know how to go around the courtroom procedures. Your lawyer will make sure that all legal formalities are complied with, when to object or not, and when to submit proof.

Find a Personal Injury Attorney Near Me

Experiencing a car accident means losing a part of yourself not only physically but also emotionally and financially as well. It is not easy to deal with the legal proceedings when you are in the process of healing. That is where a competent personal injury lawyer comes in to help you with your case.

Your car accident attorney will assist you in identifying the party at fault, obtaining critical evidence, negotiating with insurance providers, bargaining for compensation, and, if necessary, advocating for you in court.

A competent lawyer is dedicated to ensuring that you obtain the compensation you deserve without struggling with the legal procedures that come along with it. If you or a loved one has been critically injured in a car accident or you lost a family member, you do not have to go through it alone.

At San Diego Personal Injury Law Firm, we ensure that your rights are protected as we fight to help you receive the compensation you deserve. Contact us today at 619-478-4059 to schedule a free consultation with one of our personal injury lawyers.