You’ve seen ads for car accident lawyers, and now you’ve been in a wreck yourself. But do you really need a car accident lawyer? Can’t you just turn it over to the insurance companies and let them work it out without having to hire a legal authority?
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Understanding the Role of a Car Accident Lawyer
Let’s start by learning what car accident lawyers actually do. These legal professionals specialize in personal injury law and provide a range of services, including:
- Evaluating Claims: Assessing the strength of your case and advising on the best course of action.
- Gathering Evidence: Collecting and preserving crucial evidence such as accident reports, witness statements, and medical records. Evidence wins cases.
- Filing paperwork: Filing all documents for your insurance claim to ensure that you meet all deadlines. This includes filing court documents if your case goes to litigation.
- Negotiating with Insurance Companies: Handling all communications and negotiations with insurers to secure a fair settlement.
- Representing You in Court: Providing legal representation if your case goes to trial.
When You Need a Car Accident Lawyer
It’s always a good idea to contact a lawyer after a car accident. A car accident may start as a minor crash but quickly blossom into a very complicated affair—especially if new injuries develop, the police report seems incomplete or incorrect, the other party changes their story, the other party’s insurance tries to lowball you, or witnesses drop off.
An attorney can help you gather the best evidence from the beginning. They can collect witness statements while they’re still fresh. They can help you know what is a fair offer from the insurance company (especially when ongoing health problems are involved).
If you’re afraid of the cost of hiring an attorney, know that most attorneys offer free consultations to let you know if you have a case in the first place. And if you do decide to hire a lawyer, you can look for one who works on contingency fees, meaning they won’t get paid unless they win or settle your case favorably.
So a good general rule is that you should always contact an attorney after a crash, but there are several situations where an attorney is indispensable for the best outcome.
1. Severe Injuries or Fatalities
If the wreck caused severe injuries, a car wreck attorney becomes very important. Severe injuries usually mean high medical costs—now and in the future. When the financial stakes are this high, insurance companies kick into high gear to protect their bottom line. An experienced lawyer can help calculate the full extent of your damages, including future medical costs and lost earning capacity. Depending on your injuries, you may want to look for a specialized car accident attorney. For example, a traumatic brain injury lawyer will know how to support your case if you sustained a head injury in the car wreck.
If your accident involved the death of a loved one, you’re also looking at a very high stakes legal case. You will want an attorney at your side to make sure you receive the proper compensation for the loss of a loved one. They can account for any medical bills that may have accrued before their passing, funeral and burial costs, loss of future income, pain and suffering, etc.
2. Disputed Liability
To have a strong legal case, you need to prove that the other party was at fault, but insurance companies often dispute liability to reduce their payouts. If the other party’s insurer is denying responsibility or blaming you for the accident, it’s time to get a lawyer involved—and the earlier the better. They can conduct a thorough investigation, gather evidence, and build a compelling case to prove the other party’s fault.
3. Uncooperative Insurance Companies
Insurance companies prioritize their bottom line above all else, and they are known for employing tactics to minimize or deny claims.
If you encounter any of the following issues, contact a car accident lawyer:
- Claim Denial: The insurer denies your claim without a fair investigation.
- Delay Tactics: There are unnecessary delays in processing your claim.
- Lowball Offers: The insurance company offers a settlement that is significantly lower than what you deserve.
A lawyer can hold the insurance company accountable for bad faith practices and negotiate a fair settlement on your behalf.
4. Multiple Parties Involved
Accidents involving multiple parties can be complex, with each party and their insurers trying to shift blame onto others. These cases often require a lawyer to untangle the web of liability and ensure all responsible parties are held accountable.
Nevada has a comparative negligence policy, meaning that multiple parties can receive compensation as long as they were not more than 50% at fault in the case. Comparative negligence cases are notoriously tricky, but a lawyer can make sure you get appropriate compensation.
5. Significant Property Damage
In cases where your vehicle has sustained significant damage or is totaled, a car accident lawyer can make sure you get adequate compensation for repairs or replacement. They can work with insurance adjusters to evaluate the damage accurately and challenge any unjust assessments.
6. Long-Term or Permanent Disabilities
If the accident results in long-term or permanent disabilities, the impact on your life can be profound. These cases often involve substantial compensation for medical treatment, rehabilitation, home modifications, and loss of income.
A skilled car accident lawyer can calculate these long-term costs and fight for the maximum compensation. They can also help you know if the settlement offer from the attorney is sufficient or if you need to press for another offer or proceed to court.
7. Emotional Distress and Trauma
Car accidents can cause significant emotional distress and trauma, affecting your mental health and overall well-being. A car accident lawyer can help quantify non-economic damages known as “pain and suffering.” Pain and suffering may include mental anguish, psychological trauma, and overall diminished quality of life.
Car accidents are stressful enough without all of the legal fallout. You’ll likely be dealing with damaged property, injuries, and the trauma from a frightening accident. An experienced auto accident attorney here in Las Vegas can help relieve your burden, engaging with the often high-pressure insurance company, filing paperwork in a timely manner, and leveraging all of their legal expertise to make sure you get a fair settlement.
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Infographic
After a car accident, reaching out to a lawyer is essential, particularly if complications emerge. This infographic outlines the importance of consulting an attorney and details key scenarios where their expertise can significantly impact achieving a favorable outcome.
