What is an Accident Attorney?
What does an Accident Attorney do for you?
The accident attorney you will hire for your claims or defense will ensure that all your rights are protected throughout the entire process, apart from preserving all evidences and claims in your favor. Normally, the at-fault party will do its own investigation of the accident and attempt to collect all evidences and testimonies in order to reduce or deny your claim. In response to this, your accident attorney will build your case by tracing the proximate cause of the accident and negligence to the at-fault party.
The incidents of fault that can be attributed to the other party may include having to prove that he or she was driving while distracted, driving while under the influence of either drugs or alcohol, driving while not having a proper license or while being in violation of any applicable laws of the state. This can be proven by your attorney through testimonial evidence, videos, photographs, eyewitness accounts, an analysis of the positions of your vehicles, and also the driving records of each individual.
Depending on the results of this initial investigation, and the evaluation of the actual property damages and injury you suffered, your attorney will then work on establishing the basis of your claim. Any claims for personal injury or torts, which are applicable to accidents, are based on causes of action that must be attributable to fault or negligence on the part of the erring party. Your lawyer will put forth your claim by stating the injury you suffered and then tie it to the proximate cause of the injury, which is the negligence of the other party, and then state the resultant loss or injuries as well as the fair or equitable compensation you are looking for. This will also be the basis for any settlement offers that your lawyer will impart to the other party. If the parties cannot reach any settlement through initial negotiations, then the claim will be filed in court. Settlement negotiations can still be reached or finalized even with the filing of the court action, but if no agreement is reached prior to the resolution of the judicial action, then a jury will determine if compensation is warranted and the amount for such.
As previously mentioned, another contentious issue involves trying to claim from your insurance provider. In this particular situation, it is infinitely better to proceed with an attorney since your insurance, or even the insurance provider of the other party, will certainly do everything in their power to reduce or deny your claim. If you have an attorney by your side, then you have a better chance and leverage in terms of presenting your physical injuries, property damages, and emotional damages, and also to navigate your way with any complex claim processes since attorneys are already very well versed with the required procedure in order to enforce insurance claims.