Experiencing a car accident can be a traumatic and overwhelming event. In the aftermath, taking the necessary steps to protect yourself and your rights is essential. One crucial step is to hire an attorney with experience in car accident cases. This decision can significantly impact the outcome of your case and your ability to obtain the compensation you deserve.
After a car accident, it is often an open question of which driver is liable. An at-fault driver may be responsible for paying for the injuries they have caused to the other driver, whereas some car accidents may result in the conclusion that no one driver was at fault for the crash. The actual liability determination is vital because it means the difference between financial compensation for your injuries and not receiving anything.
An experienced Bakersfield car accident lawyer can represent your legal interests in the liability determination and claims process. Otherwise, you will have to deal with an insurance company that does not have your interest at heart. Your lawyer will advocate for you at all steps of the legal process, including helping prove your case and negotiating for you to receive the highest possible compensation.
At-Fault vs. No-Fault States
At-fault and no-fault refer to how auto insurance works in different states.
In an at-fault state, the driver who caused the accident is also liable for a victim’s losses. Victims will file third-party claims with the at-fault party’s liability coverage, which should provide compensation. Generally, compensation is available for:
- Medical expenses
- Lost income
- Pain and suffering
- Other non-economic losses
Most states are at-fault states.
In no-fault states, on the other hand, you turn to your own no-fault auto insurance first for compensation, regardless of who was to blame for the accident. Your own car insurance company will pay your medical expenses and a portion of your lost income. However, you cannot get damages for non-economic losses, such as pain and suffering. If you suffered a significant personal injury in an accident, you might step outside the no-fault system and file a third-party claim against the responsible driver’s insurance to seek additional economic and non-economic losses.
Everything depends on the state in which you live. Your attorney will advise you about the law in your state and how you can best file a claim that can lead to the highest possible compensation.
Regardless of which type of state you live in, there is a chance that you will still need to prove fault for the accident. Then, you will need to meet your burden of proof to be in a position where you can receive total financial compensation for your injuries.
Contact a Car Accident Attorney Right Away
If you were not at fault for the accident, or even if liability is unclear, you should contact an attorney immediately. The days right after the accident are crucial regarding your legal rights, and many things in the background can determine whether you can get a settlement check. If you do not have a car accident lawyer to protect you, there may be a risk that you can walk away with nothing or far less than you deserve. You should hire a lawyer when dealing with an insurance company because they can be tricky and complicated, especially for individual claimants.
Even though you are coping with physical injuries, you still need to keep an eye on the legal process. The best thing about an attorney is that they can do the heavy lifting for your case, so you do not have to engage in the details. You can focus on your health without dealing with the insurance company, which can cause stress to anyone.
Further, insurance companies cannot trick or trap you when you have hired an attorney. Otherwise, they may try to contact you, even when you suffered an injury. They think nothing about trying to call you when you are in a hospital bed to try to get you to talk. Once you are on the record, they will use whatever you say to make your life more difficult. When you have an attorney, insurance companies must go through your car accident lawyer.
You May Receive Financial Compensation for Your Injuries
You may have a legal right to financial compensation if you were not at fault for the car accident. First, you need to establish your legal rights, and you do this by proving that someone else was to blame for the accident. In legal terms, proving fault means demonstrating negligence, which is the legal term for a lack of ordinary care. Drivers must observe the standard of care that an ordinary driver would under the circumstances. If the driver does something that a reasonable driver would not have done, and it causes your injuries, the legal system may consider this negligence. Then, the driver has a legal obligation to fully compensate you for your injuries.
You Must Prove Negligence in a Car Accident Case
The fact that the accident happened and you suffered an injury does not automatically mean someone else was negligent. You may have been at fault, or neither party can establish the other party’s fault. If you cannot prove that someone else was to blame, you will not be eligible for financial compensation for your car accident injuries. In any car accident case, it is not what you know but what you can prove.
However, proving fault in a car accident can be challenging. There are some cases when well-established rules can determine fault. For example, if someone else has rear-ended your car, the presumption is that they are to blame unless they can provide evidence to the contrary. In other cases, liability may be a closer call, and you must work to prove fault.
How to Prove Negligence in a Car Accident Case
Showing negligence requires evidence of what happened in the accident. If you can show that the other driver sideswiped your car when you were already in your line, it should be sufficient to prove negligence. There may be other cases when each driver tells a different story about the accident. This situation is known as a “truth contest,” and you will need evidence to break the deadlock. Even if you think that liability for the accident is apparent, the insurance company that needs to pay may see things differently.
Your lawyer will work to collect the evidence that you need to include with an insurance claim or show in front of a jury to become eligible for compensation. This evidence can include:
- Testimony from third parties who saw the accident
- Dashcam or traffic camera footage
- Pictures of the scene of the accident
- Testimony from an accident reconstruction expert
A lawyer will begin by reviewing the police report from the accident to see what the officer observed when they arrived at the scene. The police report is not necessarily conclusive or admissible in court, but it can be a helpful starting point when investigating the accident. Insurance companies usually give a great degree of deference to what a police officer writes, even if they did not see the accident themselves.
How to Pursue Compensation After a Car Accident
When you were not at fault for the accident, you have two primary options for pursuing compensation. Your lawyer will evaluate the situation and advise you on the most effective way to seek a check for your injuries. Many begin by filing a claim directly with the other driver’s insurance company. Then, you can start the process in one of two ways:
- You can begin more informally by approaching the insurance company directly and filing a claim.
- You can initiate the process more formally by sending the insurance company a demand letter stating your case and what you expect them to do.
Alternatively, you can begin the legal process directly in court by filing a lawsuit against the responsible driver. Many lawyers advise clients to at least try to talk with the insurance company. Then, they will file a lawsuit as a last resort when they cannot reach a settlement agreement. You have until the end of the statute of limitations to file a lawsuit in court. Usually, you will begin the legal process far before closing the statute of limitations by at least hiring a lawyer and letting them build your case.
The Insurance Company Will Make Your Car Accident Claim More Challenging
Regardless of how you begin the legal process, you still must deal with insurance companies, who will try to complicate your case in various ways. They may give you difficulty in determining who was at fault for the car accident and may deny your claim even when you believe you have adequate evidence of liability. Alternatively, insurance companies may try to shift some of the blame onto you because they know it means they will pay you less or even nothing.
Insurance companies are known for making claimants lowball settlement offers at the outset of the case, and they will never show you their hand right away. They always need to leave themselves room to negotiate in the future. Insurance companies may even think they will get lucky, and you will accept an offer that does not even come close to paying the total value of your claim.
You will need to negotiate with the insurance company to get more compensation, and it may take an extended period to agree on a settlement.
Damages in a Car Accident Case
When you win an at-fault car accident claim, you have the right to the following damages:
- Medical bills
- Lost income
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Embarrassment and humiliation
- Emotional distress
Insurance companies can shade your damages downward in several ways. Even something that should seem straightforward, such as your lost income, can be subject to several interpretations. More subjective non-economic damages can lead to additional disagreements between you and the insurance company.
You Can Negotiate with the Insurance Company for More Money
Your lawyer will advise you to turn down any settlement offer for less than your claim’s value. You always have the right to make your own counter offer in settlement negotiations, which you will often have to do repeatedly. Your lawyer can determine whether you should keep talking to the insurance company. If you cannot reach a settlement agreement, you always have the option to go to court and let a jury decide the matter. How you proceed in a car accident case is a matter of tactics and strategy and a response to the specific insurance company you are dealing with. There is no one-size-fits-all approach to any car accident case. Attorneys may have different styles, and the circumstances of your case may call for another type of approach.
It Costs You Nothing Out of Pocket to Hire a Car Accident Attorney
If you have financial concerns about hiring an attorney, you can put that worry behind you. Car accident lawyers work on a contingency fee basis, which means that they only get paid if they win your case. This fee is typically a percentage of the settlement or jury award, and you and your attorney will agree on this before they begin working for you. You will not owe them anything if they do not win your case. They take on the financial risk, so you will not have to worry about paying for their services upfront.
By hiring a car accident lawyer, you not only get the peace of mind of knowing that you have a skilled advocate on your side, but you also eliminate the financial burden of legal fees. This arrangement allows you to focus on your recovery and rebuilding your life after the accident without having to worry about how to pay for legal representation.
After a car accident, do not hesitate to reach out to a Bakersfield personal injury lawyer. They can provide you with the legal experience, guidance, and support you need, which will not cost you anything out of pocket. Remember, you have nothing to lose and everything to gain by seeking the help of a trusted attorney.