Top 7 Ways a Car Accident Attorney Can Maximize Your Compensation

According to the National Highway Traffic Administration (NHTSA), an estimated 2.38 million people were injured in motor vehicle accidents across the US in 2022.

Were you injured in a car accident that was not your fault? If so, you should not be stuck paying out-of-pocket for expensive medical bills, lost income, property damage, or other financial losses.

To recover compensation following a car accident, you will likely need to negotiate with the at-fault parties and their insurers. Insurance companies have processes in place to minimize payouts when someone files a claim.

Trying to negotiate a fair settlement that covers all your losses is nearly impossible without the help of a car accident lawyer. In this article, we will discuss the role a car accident attorney plays in your ability to recover maximum compensation for your injuries.

1. Knowledge of Personal Injury Laws

Following a car accident, there may be more legal obstacles than you might assume. Experienced car accident attorneys have dedicated years to studying, practicing, and staying up-to-date with ongoing legal changes. Personal injury lawyers understand the complexity of laws related to liability, negligence, and damage assessment, which are essential in car accident cases.

Many states, like California, operate under the rules of comparative negligence. Under these laws, the amount of compensation you receive can be reduced by your percentage of fault in the car accident. A skilled personal injury lawyer can mitigate the impact of these laws on your car accident claim by building a strong case to minimize liability.

Additionally, every state has a statute of limitations, or deadline, for filing a personal injury lawsuit. A car accident attorney can ensure that your claim is filed within this time frame, protecting your right to pursue compensation.

2. Thorough Investigation and Gathering of Evidence

A personal injury lawyer plays a key role in investigating your accident and collecting evidence to build a strong case.

This process may involve:

• Going to the accident scene: Your legal team may visit the accident site to inspect the scene and take photos or videos of the area, including road conditions, traffic signs, skid marks, and other visible damage. When they do, they will also take note of weather conditions and lighting at the time of the accident.

• Collecting physical evidence: Physical evidence might include obtaining damaged vehicles for inspections and taking pictures of the damage. Your attorney can also preserve any evidence from the scene, such as debris or vehicle parts, and make sure that all evidence is safeguarded from tampering or loss.

• Speaking to eyewitnesses: Eyewitnesses can provide a firsthand account of the car accident and help to corroborate your version of events. Your auto accident attorney will try to interview any witnesses who saw the collision. It will be necessary to obtain a written or recorded statement from all witnesses and ensure their credibility.

• Reviewing medical records: Medical records are crucial to proving the extent of your injuries and their impact on your life. Your car accident lawyer will request all medical documents related to the crash and may consult doctors to understand your injuries and required medical treatments.

• Obtaining copies of police reports: The law enforcement officer dispatched to the scene following an accident will likely have completed a police report. Your car accident attorney will obtain a copy of this report, review it for accuracy, and use it to establish fault and liability.

• Consulting experts: Experienced personal injury lawyers may hire accident reconstructionists to analyze the scene and identify the cause of the crash. They may consult medical experts to testify about your injuries and their long-term impact. A lawyer may also speak to financial experts when calculating financial losses.

3. Assess the Value of Your Car Accident Claim

One of the main questions car accident victims ask personal injury lawyers is, “How much is my case worth?”

While each car accident case is unique, there are some basic steps attorneys take when calculating the value of a claim:

• Review medical expenses: Your lawyer will carefully review all medical bills related to the car crash. This may include hospital stays, surgeries, medications, physical therapy, and any future medical expenses.
• Estimate property damage: If your vehicle was damaged in the accident, your lawyer will review repair estimates or the value of your totaled car. You may also be able to recover compensation for any personal property, such as smartphones or laptops, damaged in the collision.
• Calculate lost wages: Depending on the severity of your injuries, you may have to take weeks or months off of work to recover. Your car accident attorney can help you calculate your lost wages, including any bonuses, promotions, or other income opportunities you may have missed.
• Assess non-economic damages: An experienced personal injury lawyer will know to take time to understand how the auto accident and your injuries have impacted your life and factor these elements into your claim. You may be eligible to receive compensation for pain and suffering, emotional distress, loss of enjoyment of life, and other damages.

4. Negotiating With Insurance Companies

Effective negotiation is a key element in obtaining fair compensation following car accidents. Most experienced car accident lawyers are skilled negotiators and know how to obtain maximum compensation for their clients.

Dealing with insurance adjusters can be intimidating. Your auto accident lawyer can handle all communication with the insurance company on your behalf. This ensures you do not unintentionally say something that devalues your insurance claim.

Car accident attorneys can draft and submit a demand letter for their clients. This letter outlines the facts of the car crash, names the liable party, details the injuries suffered by the victim, and lists the damages incurred.

The insurance company will then respond by accepting the settlement amount, denying the claim, or offering a counter-settlement. Your attorney will likely engage in a series of negotiations, countering any attempts made by the insurance company to minimize your claim’s value.

5. Offer Emotional Support and Guidance

Victims of car accidents may suffer both physical and emotional trauma. An experienced car accident attorney recognizes the emotional toll that such incidents have on victims.

Personal injury lawyers not only offer legal guidance but also can extend emotional support throughout your auto accident case. They can be a source of reassurance for victims who are experiencing anxiety or stress resulting from the car accident.

Car accident attorneys understand that dealing with insurance companies, mounting medical bills, and facing uncertainties about future financial stability can take a toll on injured victims. Lawyers work hard to alleviate emotional burdens by advocating fiercely on behalf of their client’s rights.

Additionally, some personal injury law firms have a network of professionals, including therapists, counselors, and support groups who can provide emotional support. Your legal team can refer you to these sources, ensuring you receive the care you need.

6. Provide Tips on How You Can Help Maximize Your Claim

After being involved in a car accident, you likely want to do everything you can to maximize your potential compensation. One of the most important steps you can take to ensure that you receive fair compensation is to hire a car accident lawyer. Your lawyer will likely offer suggestions on things that you can do to ensure you get top compensation for your claim.

The following are some tips auto accident attorneys may share with their clients:

• Do not admit fault. When exchanging contact information with the other parties involved in the car accident, do not discuss the cause of the crash or speculate on who is at fault. If you say anything implying you are to blame, the other side may try to hold you liable.
• Seek medical attention immediately. Even if you initially feel fine after a car crash, seek medical attention right away. Adrenaline can mask symptoms and make some injuries difficult to notice. In addition, a medical evaluation links your injuries directly to the car accident.
• Exercise caution when speaking to insurance adjusters. The goal of an insurance adjuster is to minimize the value of your claim. While you should report the accident to your insurance company, you should be cautious when speaking to the other driver’s insurer. It’s recommended to let your lawyer handle all communication with the insurers.
• Avoid posting on social media. While it’s common nowadays for people to post details of their lives on social media, you should avoid sharing anything online until your car accident case is settled. Insurance companies and opposing attorneys can take even seemingly innocent posts about your daily activities and use that information to devalue your case.
• Be patient. With medical bills piling up and being unable to return to work, it’s understandable that you may prefer a quick settlement. However, you must remember that accepting the first offer you receive can prevent you from maximizing your compensation. Remain patient and trust your lawyer to negotiate a settlement amount that covers all your losses.

7. Represent You in Court

The majority of auto accident cases are settled out of court through negotiations with the insurance company. However, if a fair settlement agreement cannot be reached, your lawyer may recommend filing a personal injury lawsuit.

The following are some of the steps involved in filing a car accident lawsuit:

• Submitting a complaint to the court: Your lawyer will draft a complaint that outlines the facts of your case, whom you are suing, and the damages you seek. The defendant will then have a specified period during which to respond to the complaint.
• Discovery process: During the discovery phase, both parties exchange information and gather evidence to build their cases. This may include requesting documents and evidence from the defendant, conducting depositions, and answering any written questions submitted by the defendant.
• Pre-trial motions: Before the trial begins, your personal injury attorney may file pre-trial motions such as a motion for summary judgment, which is a request to the court to rule in your favor without a trial if the evidence overwhelmingly supports your claim. During this time, settlement negotiations may continue.
• Trial preparation: Your auto accident attorney will develop a trial strategy, write opening and closing statements, select and prepare witnesses to testify, and organize and present evidence effectively.
• Litigate in court: During the trial, your car accident lawyer will present your case to a judge and jury, cross-examine the other party’s witnesses, and make persuasive arguments to establish fault and liability. The goal is to persuade the court that you deserve the damages you seek.

Schedule a Free Consultation With Our Law Firm Today

Hiring an experienced attorney is an important step in ensuring that you receive the maximum compensation you deserve following a car accident. The personal injury attorneys at Harker Injury Law can help you through every step of the legal process.

Let us put our knowledge, experiences, and resources to work for you. We have successfully handled many car accident cases, helping our clients recover millions of dollars in damages.

Our law firm believes that everyone has the right to skilled legal representation regardless of his or her current financial situation. For this reason, we accept personal injury cases on contingency. You pay no upfront costs or expenses.

Contact us to schedule a free consultation. You can also call us at 760-INJURED.