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What Does an Auto Accident Attorney Do?
Auto Accident Attorney Duluth GA help clients recover compensation for their injuries. They also assist with holding liable parties accountable when they cause an accident.
Insurance companies often try to downplay their client’s injuries and argue for lower settlements. Car accident attorneys negotiate with these companies on behalf of their clients, fighting to get them the maximum settlement available.
When you report a car accident to an insurance company, an adjuster will be assigned to your case. An insurance adjuster works for the insurance company and is paid to investigate the details of a claim, determine its value, and ultimately settle it. They may also use their professional resources to help build a strong claim that is supported by the facts and laws of your state.
An adjuster may ask to review your medical records in order to evaluate your injuries. They may request specifics about the nature and extent of your injuries, as well as ask you to provide documentation about any pain or suffering, lost wages, and other damages. They can also request your accident report, and the police report of the incident. If an insurance company is asking for medical records that go beyond what they need to assess your injury, you can simply refuse to give them the information. You can then direct them to your attorney for more information.
If an adjuster wants to speak with you in person, do not agree to it unless they have a written letter from your lawyer. They can be trying to trap you into saying something that can be used against you later. Even if you are not at fault for the accident, admitting any portion of liability can be used to prevent you from receiving a financial recovery.
You should also refuse to give a recorded statement to an insurance company representative. This tactic is often used to try and catch you saying something that can be used against you for a lower settlement amount. Your lawyer will prepare you for what to expect from an insurance company, so you are not taken by surprise.
An experienced attorney will conduct a thorough investigation and evaluate your case’s strengths and weaknesses in order to ensure that you receive the maximum compensation possible. They will look at your current and future medical treatment costs, loss of income, impact on your family, and emotional impacts, among other things. They will also gather expert opinions, including those from accident reconstruction experts and medical specialists, to bolster your claims.
Uninsured or Underinsured Motorist Coverage
In some cases, the driver who caused the accident does not have insurance or does not have enough coverage to pay for your damages. This is where uninsured motorist coverage can help. Uninsured motorist property damage and bodily injury (UMBI or UMPD) coverage are part of your car insurance policy that pays for medical bills, lost wages and vehicle repairs when you’re hit by a driver who does not have any or has inadequate insurance. It also covers you in a hit-and-run accident.
Uninsured or underinsured drivers make up a significant percentage of car accidents across the country, according to the Insurance Information Institute. It is illegal to drive without car insurance in all states, but many people still choose not to get it or buy only the minimum liability limits required by law. This leaves you at risk if these drivers cause an accident that results in injuries to you or damages to your vehicle.
When you file a claim with your insurer for an accident caused by an uninsured or underinsured driver, your auto insurance company will need to prove that the other driver did not have insurance at the time of the crash. This will require you to provide a copy of the other driver’s insurance card and/or their license plate number. It is also important to record any eyewitness testimony and take photos of the scene.
Your insurance company will then compare that information against the records of the uninsured or underinsured motorist coverage on your policy. If they do not match, the insurance company will reject your claim. It is a good idea to have UM coverage in the same amount as the minimum liability limits on your policy.
If the other driver does have adequate insurance, your UM or UMPD coverage will cover any remaining amounts due to the accident. However, this is a very common situation. If you have uninsured motorist property damage or bodily injury coverage with a high limit, your insurance may actually pay out more than the at-fault driver’s insurance company could have paid.
Statute of Limitations
One of the most crucial aspects of any car accident claim is meeting a deadline known as the statute of limitations. This is a legally mandated time frame in which you can file a lawsuit seeking compensation for your injuries and damages. If you miss this deadline, your case will likely be dismissed by a judge.
The purpose of the statute of limitations is to encourage injured parties to take action promptly. Taking prompt legal action can help to preserve critical evidence and witness testimony, which is vital in building a compelling case for fair monetary compensation.
However, even if you do everything right after a car accident, there are a number of factors that can make your case more challenging. For example, physical evidence may be lost due to weather conditions or overwriting, and witnesses’ recollections fade with the passage of time. This is why it’s important to consult an attorney as soon as possible after a crash, to give your lawyer the time he or she needs to build a strong case on your behalf.
In addition, the sooner you seek medical attention for your injuries, the better. This can help to establish a clear link between the accident and your injuries, which is necessary for bolstering your case with documentation that proves causation.
Another issue that can complicate car accident claims is multiple causes of a single event. In such cases, a jury can often determine the percentage of responsibility for the accident that is assigned to each party. This can then be used to adjust the amount of damages awarded to the plaintiff.
If you have questions about your automobile accident or would like to discuss a potential claim, please contact our office today for a free consultation. We can answer any questions you may have, as well as recommend an attorney who can best assist you with your case. Whether you have been injured in an accident caused by an uninsured/underinsured driver or are looking to file a personal injury claim over a loss covered by your medical payments/personal injury protection or collision insurance coverage, we can provide you with the representation you need and deserve.
Damages
Damages are a broad category of compensation that cover a wide range of financial and personal losses in the wake of an accident. They may be categorized as either economic or non-economic damages. Economic damages are objective financial losses, while non-economic damages are more subjective forms of harm that do not necessarily have a dollar value. Common examples of economic damages include medical expenses, lost income and property damage.
Injured victims can recover past and future medical bills associated with their accident-related injuries. This includes hospital bills, pharmacy bills, physical therapy fees, and any other relevant expenses. Your attorney will also calculate your expected future medical costs, based on your prognosis and proposed treatment plan. Your lawyer will also account for any lost income that you’ve experienced due to your injury. This can be anything from a day or two missed out of work for doctor’s appointments to a permanent reduction in your ability to earn the same amount that you could in the past.
Additionally, you might be able to claim any loss of quality of life that you’ve experienced as a result of your injuries. This can include the inability to engage in activities that you enjoyed prior to your accident or a diminished resale value for your repaired car. In some cases, you can even recover punitive damages if the other party’s negligence is particularly egregious.
An auto accident attorney can help you estimate your potential damages and determine whether an insurance company’s settlement offer is fair. Some attorneys use a method called the multiplier approach, where they take your total economic damages and multiply them by two or three to factor in pain and suffering. This is not a foolproof method, and it’s important to consult an experienced car accident attorney to get a more accurate assessment of your potential recovery. This is especially true if you’ve been severely injured in a crash. In these situations, it can be easy to accept an insurance settlement that fails to fully compensate you for your losses. An experienced Long Island car accident lawyer can review your case and explain your options for pursuing additional compensation.