A car accident attorney is a professional lawyer who offers legal services to individuals who claim to have recently been injured, either physically or mentally, as the result of another individual, business, government agency or some other entity’s negligence. Personal injury attorneys primarily practice in the field of law called tort law. In this area of the law, an individual who has been injured can demand compensation for the damages he/she has sustained, including medical and mental care costs, pain and suffering, property damage, and more. An attorney can handle such cases in either civil or criminal court.
To be eligible for filing a claim, an individual must have suffered serious injuries in a car accident. Medical exams are conducted on drivers suspected of involvement in car accidents to determine the severity of their injuries. These medical exams are also used as evidence in a civil or criminal court case against the alleged liable party. Serious injuries, as well as funeral expenses, should be at the disposal of the attorney handling the car accident personal injury case. It is not unusual for an attorney to take care of these expenses after the case is settled.
The lawyer handling the car accident case may also ask for witness testimony or other types of analysis from medical personnel who attended to the injured driver. Some individuals may be uncooperative, claiming they were not at fault; others will offer conflicting statements, delaying the process of getting a settlement. For this reason, an experienced attorney should be able to get all the information he needs from the individuals to ensure they receive the most adequate compensation they deserve.
In addition to collecting information to prove responsibility for the accident, an auto accident attorney also collects financial evidence. This evidence often comes in the form of insurance reports or receipts for expenses incurred. From there, the lawyer may prove that the other driver committed insurance fraud by making claims they did not make on their insurance policies. A car accident attorney can also use cell phone records to attempt to obtain proof of where and how the other driver was at the time of the accident. This evidence can help determine fault, and therefore the amount of damages to be paid.
In order to avoid a costly courtroom battle, it may be necessary to settle the matter quickly. To do so, it is important to first determine if the individual involved in the crash has insurance coverage. If it is not present, or it is inadequate, it is best to consider paying out of pocket for medical and vehicle repair bills. Should there be no insurance coverage, there are still several ways to seek justice. A car accident attorney may still call off the case if the injured person is still under the care of a doctor, and emergency services have already been called.
Many people wrongly assume that they will receive no damages if they are the sole breadwinner in a household. This is simply untrue! In fact, most personal injury attorneys provide round-the-clock legal assistance and advice, and often receive their fees paid up front as part of the settlement. With most personal injuries attorneys, you will never have to pay additional charges for their service; the majority take a percentage of any damages you receive. In the event of a major accident, this could amount to thousands of dollars, especially in the instance of serious or devastating injuries.