The process of filing an injury claim after a car accident might seem simple enough — report the claim to the insurance company, provide documentation related to the incident, submit a few photos, and then wait for the check.
However, things can get complicated fast — too complicated for someone other than an experienced car accident attorney to handle.
The circumstances surrounding the accident, such as the involvement of multiple drivers or poor road conditions, may make it difficult to determine the responsible party. This says nothing of figuring out the percentage of fault each party bears, including yours if some action you took (or didn’t take) contributed to the crash.
The benefits of hiring a car crash attorney are numerous. In addition to their extensive knowledge of personal injury laws relevant to your claim, they serve an important, practical purpose, handling the legal legwork needed to build a strong case and leaving you with more time to focus on recovering from your injuries.
Here are a few key reasons to call a car accident attorney after a collision.
1. They Can Gather Evidence and Related Records
Without solid evidence, your car accident injury claim may not stand a chance. Evidence is needed to establish fault and substantiate your losses, such as your injuries, lost wages, and property damage. It serves to create a compelling case to present to the liable party’s insurance provider.
Not only will robust evidence bolster your claim, but it will also connect the dots that point to the cause of the crash.
The responding officer on the scene will have filled out a crash report. You or a passenger may have taken photos or recorded videos of the accident site. You probably wrote down the names and contact information of eyewitnesses who saw what happened.
All of that is evidence. A car accident lawyer will take the information you collected at the scene and use it to lay the groundwork for a successful injury claim.
Your attorney will visit the accident scene to collect and study evidence, such as skid marks, scuff marks, and yaw marks. They’ll also seek video footage captured on nearby security or traffic cameras.
You’ll need an array of records to support your claim, including:
- The police or accident report
- Eyewitness statements
- Medical bills
- Documents showing income loss
- Vehicle repair bills or estimates
- Rental car costs
- Vehicle damage assessment
- Insurance records
These records back up your claim, proving fault and the financial losses you incurred due to the crash. A car accident attorney can diligently collect and preserve them.
2. They Can Negotiate the Best Possible Settlement
Negotiation is key to any personal injury case. It allows parties to resolve the claim without going to court, thereby avoiding costly court fees and increased litigation expenses.
For an injury victim going up against an insurer alone, the negotiation phase can be intimidating. They may get a low-ball settlement offer and feel pressure to accept it. It’s not uncommon for the injured to bring an attorney on board at this stage.
Your attorney will enter negotiations confident and well-prepared, having successfully negotiated numerous settlements before. They’ll know the at-fault party’s insurance policy limits and will have calculated a fair settlement value that includes your present and future medical costs, pain and suffering, income loss, and property loss.
Your attorney will also come armed with knowledge of the applicable laws and ready to go to court if the insurer fails to negotiate in good faith.
Insurance companies are well known for using underhanded tactics to reduce company losses. They may try to dispute the extent of your injuries or your degree of fault. They may also attempt to undercut the cost of treatment.
Anticipating these tactics, your attorney will refuse inadequate offers and issue repeated counteroffers until they reach a just settlement.
3. They Can Protect You Against Liability Claims
In a car accident involving more than one driver, any of the parties may retain an attorney, including the driver found to be at fault. If that’s you, a car accident lawyer can defend your rights and defend you from liability claims.
Having liability coverage may prevent you from being sued, but sometimes it’s not enough. Another driver could file a lawsuit against you for a variety of reasons, such as:
- You’ve hit your policy limits
- The claim amount exceeds your coverage limit
- Your insurer has denied their claim
- You don’t have insurance coverage
- Disputes arise over who’s liable
A car accident attorney can thoroughly investigate the incident and gather additional evidence that may support a reduction in your degree of fault. If you have liability coverage, your policy may provide legal representation in the event that you’re sued.
FAQs
How Quickly Should I Call an Attorney?
The sooner, the better. If it’s necessary to gather evidence at the accident scene, you’ll want to hire a lawyer as soon as possible.
What if I Can’t Afford an Attorney?
Most car accident lawyers work on a contingency basis. That means you pay only if they win your case.
Will the Car Accident Attorney Contact Eyewitnesses?
Yes. Your attorney will contact any bystanders who saw the accident occur to obtain their written or recorded statements. They may also bring these witnesses in for depositions.
Can I Still Pursue a Claim if I’m More Than 50% at Fault in a Crash?
Unfortunately, no. Texas’s modified comparative negligence law prohibits you from seeking compensation if you’re more than 50% responsible for the accident in question.
Get the Legal Help You Need Today
If you’ve been injured in a car accident, contact Ramsey Law Group today to schedule a free consultation with an experienced Houston attorney. We’re prepared to take your case no matter where in the claim process you happen to be.