Car accident claims are one of the most common types of personal injury claims. Unfortunately, car accidents are far too common, resulting in severe injuries and even fatalities. Most of these accidents also lead to claims that accuse the defendant of negligence or carelessness.
Understanding what car accident lawyers do can help you better anticipate what to expect when seeking guidance and support in the aftermath of a collision.
Interview You About Your Claim
If you schedule a free initial consultation with a car accident lawyer, they will ask you many questions about your claim. They might even ask you to bring documentation to the interview. Your consultation should be free, confidential, and without obligation. From the lawyer’s point of view, the purpose of the consultation is to determine whether they can help you with your claim.
Gather Evidence
The steps you take after a car accident are important because they can drastically affect the value of your claim.
Your lawyer can help you gather critical evidence such as:
- Your medical records
- The police report
- Expert testimony
- Cell phone records (to prove the at-fault driver was driving while distracted, for example)
- Information about the accident from an event data recorder (EDR).
The foregoing list only scratches the surface of the potentially available evidence that a car accident lawyer can help you gather and analyze.
Prepare and Submit Your Demand Package
A demand letter typically outlines damages, demands compensation, and sets a deadline for a response. It also highlights that legal consequences can be taken if the demands are not met. A demand package consists of the demand letter plus supporting documentation, such as copies of your medical bills.
Negotiate Your Claim
Insurance adjusters are professional negotiators, and they know car accident laws inside and out. Fortunately, the same descriptions apply to an experienced Kennesaw car accident lawyer. Negotiation is an art, so let your lawyer do your negotiating for you.
Draft and File Lawsuit Documents
You might need to file a lawsuit if negotiations stall to motivate the defendant to issue a serious offer. Your best bet is to leave the drafting of the lawsuit documents to your lawyer. Remember that every sentence in a complaint has consequences.
Handles the Settlement Agreement
After you reach an agreement in principle with the opposing party, it’s time to draft a formal settlement agreement for both sides to sign.
A car accident settlement agreement should include the following terms:
- Identification of the parties
- A description of the accident and the claim
- The settlement amount
- The payment terms and pay schedule
- A release of all claims against the defendant
- A confidentiality clause
- A statement that the defendant does not admit liability (the defendant will probably insist on this)
- An agreement on handling liens and subrogation rights
- An explanation of any tax implications
- A statement of legal fees and costs
- A dispute resolution mechanism
- The effective date of the agreement
You should only agree to accept a settlement offer after discussing it with your attorney.
Represent You in Court (if Necessary)
Very few car accident claims make it all the way to court because most parties prefer to settle their claims. If your claim does make it to court, however, your lawyer will be your advocate.
Your lawyer can:
- Represent you during the competitive jury selection process
- Make an opening statement on your behalf
- Submit evidence
- Examine and cross-examine witnesses
- Make a closing statement
Your lawyer can also help you appeal an adverse result.
A Car Accident Lawyer Helps You Recover Compensation
Your settlement money probably will go from the insurance company to your lawyer’s escrow account. Your lawyer will deduct all applicable funds, including their legal fees, and transfer the rest to you. The entire process might take a few weeks or longer to complete.
Insurance adjusters tend to take a far more cooperative attitude towards a car accident claim once the plaintiff hires an experienced car accident attorney. Hiring a qualified car accident lawyer can help increase the amount of compensation you may have been able to negotiate on your own.
Contact the Kennesaw car accident lawyers from Starks Byron, P.C. for Help Today
For more information, don’t hesitate to contact our team at Starks Byron, P.C. to schedule a free consultation with a car accident lawyer in Kennesaw, GA today.
We proudly serve Cobb County and its surrounding areas:
Starks Byron, P.C.
1275 Shiloh Rd NW Ste 2710,
Kennesaw, GA 30144
(404) 795 5115
