If you’ve suffered an injury in a car accident caused by someone else, you may be wondering what to do next. One of the most important steps is contacting a car accident lawyer who can protect your rights and get the compensation you deserve for your injuries and losses. A skilled Dallas car accident lawyer will handle all the legal aspects of your case so you can focus on your recovery.
Why You Need Medical Treatment After a Car Accident
After being involved in a motor vehicle collision, seeking prompt medical care is vital, even if you think your injuries are minor. Some car accident injuries like concussions, whiplash, back injuries, or internal bleeding may not show symptoms right away. Only a doctor can properly diagnose your condition and recommend treatment.
Getting evaluated also documents your injuries in your medical records, which will be important evidence in your car accident claim. Without this proof, the insurance company may argue your injuries aren’t accident-related or as serious as you claim. So, always see a doctor as soon as possible after a wreck. If you delay or avoid treatment, you risk your health and hurt your case.
Once you are on the path to recovery, it’s time to consider your legal options by speaking with an experienced car accident lawyer. Motor vehicle accident cases can be very complicated. A good attorney will have the knowledge and skills to build a strong case on your behalf and deal with the insurance company, so you don’t have to. Let’s look at what car accident lawyers do to help injured victims like you.
Providing a Free Initial Consultation
One of the first things a car accident lawyer does is meet with an injured person for a free consultation. During this meeting, the attorney will listen to what happened, ask questions, and provide honest feedback about whether you have a valid legal case worth pursuing. This conversation is confidential, and you are under no obligation to hire that particular lawyer.
The consultation is also your opportunity to interview the car accident lawyer and decide if you want them to represent you. Some good questions to ask include:
How Long Have You Been Practicing Car Accident Law?
One of the first things to ask a potential car accident lawyer is how much experience they have handling cases like yours. While every lawyer has to start somewhere, you probably don’t want to be an inexperienced attorney’s first car accident case.
Look for a lawyer who has been practicing personal injury law and representing car accident victims for several years. The more motor vehicle cases they have handled, the better equipped they will be to anticipate and overcome challenges in your case. An established track record of success is also a good sign that a car accident lawyer knows what it takes to get winning results.
Have You Handled Cases Similar to Mine? What Were the Results?
No two car accidents or injuries are exactly alike, but chances are a lawyer who has been practicing for some time will have represented clients in situations similar to yours. Don’t hesitate to ask for examples of cases the lawyer has handled that share similarities with your own, whether in the type of crash, extent of injuries, or legal issues involved.
Of course, a lawyer can’t divulge confidential client information. However, they should be able to speak in general terms about relevant cases and share the outcomes. Knowing a lawyer has successfully resolved cases comparable to yours can give you confidence in their ability to do the same for you.
Who Will Be Working on My Case, and How Will We Communicate?
At some law firms, the attorney you meet with initially may not be the only one working on your case. It’s not uncommon for multiple lawyers or legal support staff like paralegals to be involved. Ask who will be handling the day-to-day aspects of your case and who your main point of contact will be. You want to ensure you won’t be passed off to someone with less experience or training.
Also, ask how the lawyer typically communicates with clients and how often you can expect case updates. Will you meet in person, talk on the phone, or communicate mainly through email? Make sure you’re comfortable with the lawyer’s communication style and that they will keep you reasonably informed about your case’s progress.
What Challenges Do You Foresee with My Case?
Even a highly skilled car accident lawyer can’t promise a particular outcome for your case. In fact, be wary of any attorney who does. However, an experienced lawyer should be able to anticipate potential challenges based on the facts of your case. Perhaps liability for the accident is disputed, or multiple injured parties may be making claims. Maybe the at-fault driver was uninsured, or your own insurance coverage is limited. Your injuries might prevent you from returning to your previous job or activities.
Whatever the challenges with your case, you want a car accident lawyer who will give you an honest assessment and have a plan to address them. While every case is unique, an attorney who has dealt with similar complications in other cases will be better prepared to handle them in yours.
What Is Your Fee Structure, and How Are Case Costs Paid?
The vast majority of car accident lawyers work on a contingency fee basis. They only receive a fee if they win your case through a settlement or court judgment. Their fee is a percentage of your total recovery. If they don’t secure compensation for you, you owe them nothing for their legal representation.
Contingency fees allow injured people to hire skilled lawyers with no money upfront. The percentage will vary, but a third of the recovery is common.
However, you should also ask about costs. In the legal world, attorney fees and costs are two different things. Costs include things like court filing fees, expenses for obtaining medical records and police reports, expert witness fees, and court reporters for depositions.
Some lawyers will advance these costs and deduct them from your settlement or award. Others may require you to pay costs as they are incurred. Make sure you understand how costs will be paid so you aren’t surprised down the road.
Don’t be shy about asking potential car accident attorneys detailed questions about fees and costs. Reputable attorneys will be transparent about how they get paid for their services.
Key Takeaways
To get compensation, your car accident lawyer must show that the other driver was at fault and that their negligence caused your injuries. Proving liability often requires extensive evidence, which your attorney will work to gather, such as:
- Police accident reports
- Photos of the accident scene, damage to vehicles, and your injuries
- Surveillance footage from traffic cameras or nearby buildings
- Data from vehicles’ electronic control modules or event data recorders
- Cell phone records if distracted driving is suspected
- Accident reconstruction analysis from experts
Your lawyer will also collect evidence of the extent of your injuries and damages you suffered as a result. This may include your medical records and bills, proof of missed work and lost earnings, and testimony from your doctors about your injuries, treatment, and prognosis.
Identifying All Potential Sources of Compensation
In some accidents, multiple parties may share liability. For example, if you were hit by a delivery truck, the driver may be at fault, but their employer can also be liable for negligent hiring or poor vehicle maintenance. If a defective tire caused the crash, a manufacturer may be responsible. Skilled car accident lawyers know to look for all potential sources of compensation to maximize your financial recovery.
Another example is when an uninsured or underinsured motorist causes a crash. Your lawyer may need to file a claim with your own insurance company to access the UM/UIM coverage you carry on your auto policy. Identifying and pursuing all possible avenues for recovering compensation is one of the most valuable things your car accident attorney will do to help your case succeed.
Dealing with Insurance Companies on Your Behalf
After most car accidents, you will need to file an insurance claim with the at-fault party’s carrier. However, insurance adjusters are not on your side. Their goal is to find ways to pay you as little as possible.
A Dallas car accident lawyer acts as your advocate with the insurance company. Your attorney will handle all communications with adjusters so you do not have to and so you do not say anything that might hurt your claim.
Insurers often pressure car accident victims to give a recorded statement about what happened. They ask leading questions to get you to say something to weaken your case. When you have a lawyer, the insurance company must direct all inquiries to your attorney. Your lawyer will prepare you for any statements you must provide to protect your interests.
Another tactic insurance companies use is making lowball settlement offers soon after the crash, hoping you will accept less than your case is worth out of desperation. Your attorney will evaluate any offers and advise you whether they are fair based on liability and the extent of your injuries and losses.
Often, your lawyer must negotiate extensively with the adjuster to get a better offer. If the insurer refuses to make a reasonable settlement, your car accident lawyer may recommend filing a lawsuit.
Handling the Personal Injury Lawsuit Process
If your car accident claim cannot be resolved through insurance negotiations, the next step your lawyer may take is filing a personal injury lawsuit against the at-fault parties in civil court. A lawsuit begins with your lawyer drafting and filing a legal complaint with the court that explains the facts of your case, the legal basis for holding the defendant liable, and the amount of damages you are demanding. The defendant will file a response to the lawsuit.
Then, the discovery phase begins. This is the formal process of exchanging evidence between the parties. Your lawyer and the defendant’s lawyer will take depositions, which are out-of-court witness testimony given under oath. You may have to participate in a deposition and answer questions from the defendant’s attorney. This can be stressful, but your lawyer will help you prepare and be right there to protect your rights during the deposition. Expert witnesses like doctors and accident reconstruction specialists may also be deposed.
Settlement discussions will likely continue throughout the process. The majority of car accident lawsuits settle before going to trial. However, if no agreement is reached, your case will proceed to a jury trial, where your lawyer will present evidence and argue your case in court. The jury will decide liability and award compensation. This is a major undertaking, but experienced car accident attorneys have the litigation skills to handle all aspects of a trial, from jury selection to closing arguments.
Getting You the Best Possible Outcome
The ultimate goal of car accident attorneys is to achieve the best possible result for clients based on the facts of the individual case. This can be through a favorable car accident settlement that provides full and fair compensation or a winning jury verdict after trial. However, your lawyer should also prepare you for potential challenges like disputes over liability or limits on the at-fault party’s insurance coverage that can affect your recovery.
Offering Support and Guidance Throughout the Legal Process
In addition to handling the legal aspects of your car accident case, a good lawyer acts as an advocate, advisor, and source of support during a difficult time. Car accidents often lead to painful injuries, mounting medical bills, time away from work, and a great deal of stress and uncertainty. Your lawyer should be responsive when you have questions or concerns, help you weigh your options at each stage of the legal process, and work diligently to resolve your case so you can move forward with your life.
Contact a Car Accident Lawyer for a Free Consultation and Case Evaluation
If you have suffered an injury in a wreck, don’t try to deal with the insurance company and legal system alone. Contact a Dallas car accident lawyer for a free consultation and case evaluation. There’s no obligation, and you have nothing to lose but potentially significant compensation to gain. The sooner you have a qualified car accident lawyer fighting for your rights, the better protected you and your legal case will be.
