A skilled car accident attorney handles a wide variety of tasks that car accident victims typically cannot manage on their own. Imagine trying to negotiate a car accident claim from a hospital bed, for example. Your choice of car accident lawyer might just turn out to be the most important decision you make in your case. A lawyer can help you at every stage of the claim or lawsuit process by doing the following:
Offering an Initial Consultation
Almost any car accident lawyer will offer you a free initial case consultation. During the consultation, the lawyer will ask you questions to determine whether your case is worth pursuing. They might also offer their opinion on the ultimate value of your claim.
Performing a Preliminary Investigation
Your lawyer will start by performing a preliminary investigation, which might include:
- Identifying and questioning witnesses
- Procuring your medical records
- Photographing the scene of the accident
- Inspecting and photographing vehicle damage
- Obtaining a copy of the police report
- Examining traffic camera and dashcam footage
- Determining driving conditions at the time of the accident (was it snowing or raining, for example?)
A preliminary investigation might include many more items, depending on the specific facts of your case.
Calculating Your Damages
There are two main types of damages you might be able to recover after a car accident: economic and non-economic damages.
Economic damages compensate you for your financial losses, such as medical bills, property damage, and out-of-pocket costs. Your lawyer will be able to help you value these damages through receipts, bills, and other evidence.
Non-economic damages include various types of intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life. Placing a dollar value on such intangible losses can be incredibly difficult and may require expert testimony. An experienced lawyer can help you maximize the value of your non-economic damages.
Offering You Legal Advice
Your lawyer can offer legal advice to warn you against dangers that you did not anticipate or to alert you to opportunities that you didn't know about. Legal matters can be complex, and even small missteps can have significant consequences. By seeking legal advice and following your attorney’s guidance, you can avoid common pitfalls, take advantage of beneficial opportunities, and navigate the legal process with confidence.
Sending a Demand Letter
You will need to send the insurance company a demand letter to kick off negotiations. A demand letter will describe the accident, list your damages, justify your claim, demand compensation, and set a deadline for a reply. It will also include supporting documents such as medical records. Your lawyer should draft this document for you.
Negotiating a Settlement
Your insurance company might be stonewalling you. They may have already rejected your claim. Hiring an experienced lawyer tends to work wonders with insurance companies’ willingness to accept a settlement offer. Personal injury lawyers are professional negotiators.
Filing a Lawsuit
Unless you’re in small claims court (claims of $5,000 to $10,000, depending on location), you will need a lawyer to draft your lawsuit complaint. The complaint is the document that kicks off your lawsuit.
Performing Pretrial Discovery
Pretrial discovery is a court-supervised process where each side gathers evidence from the other. Your lawyer can help by drafting and responding to discovery requests, such as interrogatories, depositions, and document requests. If the opposing party refuses to cooperate, your attorney can petition the court for sanctions to ensure compliance, helping to build a strong case in your favor.
Filing Pre-Trial Motions
A motion is a request for the court to do something. Your lawyer can file motions to compel evidence, exclude improper evidence from trial, or even dismiss the case if the opposing party lacks sufficient proof. These motions can significantly impact the outcome of your case, and an experienced attorney will know how to leverage them to your advantage.
Drafting a Settlement Agreement
A settlement agreement sets the terms of the settlement and must be drafted precisely. Your lawyer can ensure that the agreement protects your rights and includes provisions that prevent future disputes. Once the case is over, the settlement agreement becomes a legally binding contract, and your attorney can help enforce it if the other party fails to comply.
Bringing Your Case to Trial
Your case will probably settle before trial. If it does go to trial, however, your lawyer will need to help select the jury (voir dire), present evidence, examine and cross-examine witnesses, make arguments, raise objections, and more.
Talk to a North Carolina Car Accident Lawyer Today
Navigating the aftermath of a car accident can be overwhelming, especially when dealing with injuries, insurance companies, and legal complexities. A skilled car accident lawyer can be an invaluable ally, handling every aspect of your claim so you can focus on your recovery. From gathering evidence and negotiating with insurance adjusters to filing legal motions and representing you in court, an attorney ensures that your rights are protected every step of the way.