Car accident injuries can devastate lives. They leave victims with costly medical bills, unable to work, and overwhelmed with stress.
Choosing a qualified auto accident attorney can alleviate the burden of dealing with insurance companies, experts, and paperwork. They will handle all communications with insurers and ensure victims receive the maximum compensation possible. Connect with Auto Accident Attorney Duluth for reliable help.
Insurance is supposed to provide coverage and compensation when you are involved in a car accident. However, the reality is that auto insurers are often reluctant to pay claims and may try to deny or delay processing claims. An experienced auto accident attorney can help you fight for full and fair recovery from all available sources of insurance coverage.
Every driver must have no-fault insurance that pays the policyholder and his or her passengers up to a maximum of $50,000 for medical expenses and lost income after an accident regardless of fault. This is called personal injury protection, or PIP. If your losses exceed the amount of PIP coverage, you can step outside the no-fault system and sue the at-fault driver for your damages.
Nevertheless, liability insurance is not as generous as PIP in covering the victims of an accident. It typically pays only the actual cash value of a vehicle and does not cover replacement or repair costs. It also does not compensate you for your pain and suffering, emotional distress, mental anguish, disfigurement or permanent loss of a body function.
Another source of insurance to consider is uninsured/underinsured motorist coverage, or UM/UIM. This is optional, but it can be useful if the at-fault driver has no insurance or only minimal coverage. It can also be helpful if you are injured in a hit-and-run crash or an accident with an unidentified motorist. It is possible to “stack” your UM/UIM coverage to increase the available limits on your policy.
It is important to note that you have a limited time after an accident to notify your insurance company and give them notice of the claim or they may deny your claim. Depending on the language in your policy, you might be required to give notice within five or 10 days of an accident. This can be an extremely time-consuming process, especially if you have been severely injured in a crash. An experienced car accident attorney can help you navigate the process quickly and accurately. They can also assist with the investigation and litigation of your case.
Initial Investigation
The initial investigation is a key step in any car accident case. It begins with an extensive review of the accident report. This can uncover important details about the incident and may also point to the presence of additional witnesses that can be called upon to testify on your behalf at trial. In addition, the attorney will also want to obtain any photos or videos that were taken of the scene of the accident.
The next part of the initial investigation is a meticulous analysis of the medical records related to your injuries. These will help the lawyer to understand the scope and nature of your injuries. It is important that you continue to follow your doctor’s recommendations for treatment to reach maximum medical improvement and that you keep a record of all out-of-pocket expenses related to your injuries.
Lastly, the law firm will also investigate any witness statements that have been made. These can provide a valuable third-party perspective on the accident and can help to uncover new information that would not have otherwise been discovered. This is especially true if the witness was in the vicinity of the accident at the time of the incident.
Once all of the information has been compiled the attorney will prepare a demand for compensation to be submitted to the at-fault party’s insurance company. The demand will include all of your medical and other financial losses resulting from the accident. This can include things like past loss of income, future lost earning capacity, and other costs associated with your permanent or long-term injury.
The attorneys at GJEL will negotiate with the insurance company to seek a fair and reasonable settlement of your claim. This is a process that can take some time and requires the assistance of a knowledgeable and experienced attorney. This is because insurance companies are in the business of trying to minimize their payouts on claims and they will use every trick in the book to do so. The experience of the attorneys at GJEL can give you a significant advantage in the negotiation process and increase your chances of receiving the compensation that you deserve.
Negotiation
During the course of settlement negotiations with the at-fault party or their insurance company, car accident attorneys are adept at maximizing compensation for their clients. They negotiate skillfully using a combination of human psychology, specific knowledge of insurance law, and the art of persuasion. They also thoroughly document the case and present irrefutable evidence in a compelling fashion. This thorough documentation strengthens their bargaining position and demonstrates to the insurance adjusters that they are fully prepared to pursue full and fair compensation for all damages.
A well-documented claim includes police reports, medical records, accident reconstruction, and any other information that supports your injury claims. An experienced attorney understands the importance of presenting this information in a clear and compelling manner to establish the extent of your losses and the liability of the at-fault party.
They know how to accurately calculate your total economic and non-economic losses and injuries, including the cost of your ongoing care, lost income, emotional distress, and pain and suffering. They also know how to account for a variety of other damages, such as punitive damages in certain cases.
In most cases, a car accident lawyer sends a demand letter to the at-fault party or their insurance provider outlining their claims and asking for compensation for their losses. They review these offers critically and advise their clients whether or not to accept them. They also have the skills and resources to write persuasive letters to insurance companies that are designed to push them toward a more favorable settlement.
Insurance companies often try to settle cases quickly by offering lowball offers that don’t take into account your long-term medical needs or ongoing care expenses. Your attorney will be able to determine if the offer is reasonable and will continue to push for a higher amount until they reach a fair settlement or, if necessary, prepare for trial.
Car accident lawyers are skilled in the process of selecting jurors and can help you avoid biased and prejudiced jurors that could damage your case. They are careful throughout the jury selection process to select impartial and empathic jurors who will sympathize with your case.
Litigation
In the course of building a car accident claim, an attorney will analyze all of your damages, including current and future medical treatment costs, lost earnings, emotional impacts and other expenses. They may also consider the cost of property damage to your vehicle and other vehicles involved in the crash. Additionally, they will examine your insurance policy to ensure you are receiving maximum coverage from both the at-fault driver and your own auto insurer (assuming you purchased uninsured/underinsured motorist coverage).
Litigation techniques used by attorneys include contacting an insurance company for an accident report, using public records requests and other litigation discovery tactics to get as much information about the case as possible. This helps them to negotiate a settlement more effectively and prepare for trial, if necessary.
A good car accident lawyer will have extensive experience handling injury cases and understand the nuances of insurance law. They will be able to determine if an insurance company’s initial offer is adequate or not, and they will not allow you to sign any paperwork that hasn’t been reviewed and approved by their attorneys first.
Insurance companies are notorious for arguing over who is at fault, what caused the accident and how serious your injuries are. They often low-ball their offers to try and force victims into quick settlements that are below what they deserve. Car accident lawyers know how to stand up to these tactics and fight for their clients’ rights in court.
During the litigation process, an attorney will interview witnesses, review any new evidence and assess whether it will strengthen their client’s case. They will also be careful during juror selection to pick a panel that is impartial and likely to empathize with their client’s case. Once the trial begins, your car accident attorney will present your case with the help of expert witness testimony, photos and other demonstrative evidence.
The majority of injury claims are resolved out of court through intense negotiation with the insurance companies. However, if an insurance company refuses to provide a fair settlement, your case will progress to the final phase – filing a lawsuit against the at-fault parties.