Should I Get A Lawyer For A Car Accident That Wasn’t My Fault?

If you got into a car accident that was not your fault, you have a right to hire a lawyer. You may assume that because you did not cause the accident, everything will work out in your favor, but you may need to prove that you did not commit any wrongdoing.

While you do not need to seek legal counsel, a car accident lawyer may help you file a claim or lawsuit against a negligent party. Getting into a car accident due to another party’s negligence typically results in stress, frustration, and injuries. Ben Crump Law, PLLC does not want you to worry about tackling everything yourself after an avoidable accident; we can handle the legal process for you.

Focus on Your Health While We Focus on Your Case

You will want to seek medical attention following a car accident, even if you feel fine. Medical records may help you file a claim with your insurance company. Remember that you do not have to accept the initial settlement an insurance company offers you. If you do, you may lose your rights to pursue a lawsuit to receive fair compensation should your injuries prove more devastating in the future.

A car accident lawyer may help you build your case and speak with your insurance company so you can focus on your recovery. Our goal is to reach an out-of-court settlement that you deserve, but we have no issue going to trial and fighting for you there as well.

What a Lawyer May Do for Your Case

There is no reason you should be paying out-of-pocket expenses for property damage and injuries that someone else caused. If you become a client, a lawyer can answer all your questions, discuss your legal options, and keep you updated throughout your case.

The liable party should face the consequences of acting negligently and pay for the losses you suffered. To demonstrate evidence that you suffered at the hands of the defendant’s carelessness, a lawyer may do the following:

• Obtain a police report that details how the accident occurred
• Speak with witnesses and gather testimony from them
• Use the help of expert testimony and accident reconstruction specialists
• Talk to your doctor and get your most recent medical records

An attorney may also bring in the four elements of negligence to prove your innocence in the matter. The elements of negligence include:

• Duty of Care:The other motorist owed you a duty of care.
• Breach of Duty of Care:The other driver violated this duty of care.
• Causation:The liable party’s breach of duty of care caused losses and injuries.
• Damages:You, the plaintiff, suffered economic losses and injuries that a financial award may cover.

Your case may prove that you experienced a preventable accident. You should not have to feel any anxiety about your losses extending into the future if your injuries prove permanent.

 

The Rule of Thumb When Hiring a Lawyer for Car Accident that Wasn’t My Fault

We’re not here to take your money or to waste your time. Indeed, there is an endless supply of car accidents to litigate. The question you want to know is: Should I hire an attorney to litigate my claim against an at-fault driver.

The rule of thumb is this: You can submit a claim if you want and get some money back but if you have serious injuries, you should hire an attorney. By “serious” we mean any injury that will require you to miss any time from work. If you get out of the accident with a couple of scratches and body damage to your car, the insurance companies are usually pretty good about paying for the repairs.

What they’re not so good about is paying for repairs to you personally. The reason is that there are a number of people that attempt to scam insurance companies by claiming significant irreparable damage to their bodies when none really exist. For that reason, the insurance companies will stress test your case against their policyholder as much as they can. That means poring through your medical records and interpreting ambiguities in the police reports against you. This is, essentially, their job.

 

What to Look For When Hiring a Car Accident Attorney

Auto accident attorneys cover a range of issues stemming from personal injury, wrongful death, property destruction, and liability determinations. When looking for a lawyer, you should concentrate on their experience, skill level, commitment, location, and fee structure.

For example, your attorney should be well versed in state and national transportation laws, know how to deal with insurance and health care companies, and know how to effectively prepare and settle a case. Also, it’s important that you check the attorney’s background, references, and track record.

Lastly, a good lawyer will typically accept your case on a contingency or “no win-no fee” basis if the attorney feels your case has any merit, so it’s important to check the attorney’s standard fee structure.

 

Should I hire a lawyer for an accident that was my fault?

If you were responsible for the accident, then you cannot claim damages from the other driver’s insurer. In this case, you do not need to hire a personal injury lawyer to sue for damages. If you are at fault, your insurance company will hire a lawyer to defend you.

It is best to speak to a personal injury lawyer as soon as possible after an accident to ensure you protect yourself. We recommend that you speak with a personal injury lawyer before contacting the insurance company representing the other driver. However, you should speak to your own insurance company as soon as possible.

 

Here are the main advantages of hiring a car accident lawyer.

1. Personal Injury lawyers understand the correct statute of limitations for different types of personal injury cases

If you have been injured in a car crash, under Colorado law, you have a three (3) year statute of limitations. This means that you have three years from the date of your car accident to settle your case or to file a lawsuit.

If you do not settle or file your case within three years, then your case is lost forever and you cannot go back in time to try to resolve your case.

2. A skilled car accident attorney can help you find and deal with insurance issues

An insurance company will be involved in almost all car accidents. Why is this? Because most drivers comply with mandatory state laws that require everyone to purchase certain minimum levels of car insurance. Sometimes a driver is involved in an accident and either doesn’t have insurance or let his auto insurance lapse. That poses great difficulties for an injured claimant as there is no bodily injury coverage to assert your claim. In this situation, you can always assert an uninsured motorist claim against your very own car insurance and it will be absolutely necessary if you are injured.

3. A good personal injury attorney will prove your auto collision case

• An experienced car accident attorney will be able to prove Liability (which is a legal term for “fault”). Attorneys know how to prove fault and know how to gather the evidence to prove that the other driver was at fault. Fault is something very difficult for you to attempt on your own, so better to leave this in the hands of an experienced attorney.
• Next, your attorney will prove that your injuries were caused by the subject car accident. Again, it is better to leave these legal elements in the hands of your attorney as your attorney will know the correct case law and medical evidence to prove that your injuries were caused by the force and impact of the crash. Photos and damage estimates of both vehicles involved in the car crash can help demonstrate the forces on your body and resulting injuries.
• Finally, an experienced personal injury attorney will be able to prove your damages. Damages are the monetary value or settlement value of your case. Lawyers will prove your damages through medical evidence (medical records, medical bills) and testimony from your treating physicians. Damages are the final key to proving how much money you should get according to the arguments and evidence that your attorney puts forth.

4. A good car accident attorney will know when to settle your case

A skilled personal injury attorney will advise you on every settlement offer made by the at-fault driver’s insurance company. For example, if the insurance company offers $10,000 and that just barely covers your medical bills, then your attorney will advise you not to settle at that amount and will make continuing arguments as to why your case is worth more than that amount.

Your attorney will advise you to decline the offer and will advise you on the next settlement offer that you should make. Negotiating settlements is a little like buying a car. Your attorney will make an offer that will be accepted or declined. If it is declined, your attorney will continue pushing and making further settlement offers until a compromise is reached.

Do Most DUI Cases Go To Trial?

Realistically, DUI cases sometimes do not go to trial often enough. Many different things can come up with DUIs. One of the things that we see a lot is any time it is a first time DUI, if the plea offer is to plead to the charge, you really do not have that much more to lose by going to trial. The potential is out there to receive a harsher penalty, but in reality many times that is not going to happen. The unfortunate thing is when it is a DUI case there are many issues involved. Often times the prosecutor may make an offer to a non-DUI resolution, and many clients want to try, and avoid the risk of a DUI trial. It is not very often that they go to trial, but we try to encourage cases that should go to trial go to trial.

Is It True That Many DUI Attorneys Avoid Taking A DUI Case To Trial?

Yes, many attorneys do not want to go to trial on DUI cases. We have seen this couple of different ways. Sometimes an attorney will offer a flat fee, and then they will include the trial in that flat fee. If the trial outcome is going to be the same thing that the plea agreement is, then you save time by not going to trial, which would essentially cost you more money as an attorney. We do not do that, we have a trial fee, which sometimes means that the client would want to avoid that payment, and would rather take the plea.

Most of them have are backed up by science statistics, which makes them a little bit difficult. Sometimes it is just an ego thing. Some attorneys may not want to go to trial and have to say that they lost a DUI trial, but that happens. You have to get over it, so that you can be better and win these trials the next time.

 

What Criteria Do You Consider When Deciding Whether Or Not To Take A DUI Case To Trial?

It depends on the legal issues. Some problems that are considered include physical control issues, meaning whether the state can prove that our client was actually driving the car. There is a litany of issues with the blood testing, and the different problems that can happen with that process. There is also the ability to cross-examine the officer on the different field sobriety tests if the client took those tests when the stop occurred.

Ultimately, it is always up to the client as to whether or not they are going to take up a plea offer or if they want to go to trial, but there are some factors that we do take into account. If the client has any other criminal history, and if they have a bad driving history, the state may try to offer a harsher penalty at trial. Again, if the plea offer is to plead to the charge, our general consensus is you might as well go to trial and fight. Problems come up at trial that you never can really prepare for and that is the thing we want to capitalize on.

 

Should Someone Go To Trial Simply Because They Did Not Like The Plea Offer?

Realistically, the client could decide whatever reason they wanted to go to trial. I have represented police officers, politicians and legislators and other people who just cannot have a conviction on their record, so even if they had a horrible case, they would want any chance or possibly to not have a conviction on their record.

During my career, I have handled at least 2 cases where I had told them it was not worth it to go to trial because I did not see the likelihood of wining and that I thought it was a waste of time and waste of money, but they still insisted, so we went to trial and then something went wrong during the trial for those two cases and they ended up walking free because the prosecutor had either made a mistake or else they did not show up.

The client would not have to explain their reasoning for why they wanted to go to trial, because it would be their constitutional right to go to trial. I would only be able to advise them with respect to my thoughts about them going to trial and what their options would be so they could make a fully informed decision on how they wanted to proceed. It would be perfectly fine if they wanted to go to trial and it would be perfectly fine if they wanted to take a plea agreement.

 

Do Most People Have A Clear Understanding Of What A DUI Trial Is All About?

Almost all clients come in with a misconception of what proving a drunk driving means. Most individuals assume if they have been stopped, arrested and charged, then they must be guilty and there is nothing they can do about it. That is the biggest mistake an individual can make. Every case has defenses. Every case requires the prosecution to prove their case beyond a reasonable doubt. Every case is worth fighting, whether or not the result of that fighting may be a reduced sentence or a trial. Nothing can be determined at the inception of the case, prior to preparing the defense. Only then can it be determined whether or not the prosecution actually has a strong case.

 

What Are The Common Reasons That A DUI Case May Be Dismissed?

I am able to have most DUI cases dismissed for a number of different reasons. Sometimes there is a legal defect in the case, or what somebody might call a technicality. Other times it might be a constitutional basis. A case could be dismissed if it was determined that there was no probable cause to make that traffic stop. A case can be dismissed if there was no probable cause to arrest them for a DUI. I have had situations where there is a roadblock or a roadside sobriety checkpoint, and I was able to have it determined by a judge that the entire checkpoint system was performed in an unconstitutional manner. Sometimes, they are forced to dismiss a case if I am able to exclude or suppress certain evidence. It may be the only evidence that I do exclude, which is the only information they had against my client to begin with.

Valuable Tips to Help You Choose the Best Personal Injury Lawyer

Consider your Personal Injury Lawyer’s reputation in their field

Many attorneys have online legal profiles you can view on Nolo.com or Lawyers.com. Often, smart lawyers will provide advice or write useful articles that you can read. Legal, social sites such as Avvo allow users to view what other lawyers have to say about their colleagues. This can provide significant insight before selecting an attorney. Lawyers that have an established relationship with law community may have better resources to offer you.

Ask your potential Personal Injury Lawyer if they can help with pre-settlement funding

Pre-settlement funding can mean the difference between a quick settlement and a fair one. Before hiring a personal injury attorney, ask if they recommend any lenders for lawsuit financing in case your suit goes to trial or takes longer than anticipated.

Check your Personal Injury Lawyer’s previous case wins and references

Ask your attorney if you can speak with any of their previous clients. While privacy policies may prevent this, it is still worth asking. Although there is no online record for you to review a lawyer’s win-loss record, you can ask them for their references to get an idea of what their reputation is. Most attorneys will have examples of the previous case wins that they can cite. Also, even the best attorneys will have lost a few cases.

Consult with your Personal Injury Lawyer to ensure they have the resources to take your case seriously

Many plaintiffs are surprised to find out how expensive personal injury cases can be for their lawyer. Preparing a personal injury case requires an immense amount of work and investment from your attorney. They can incur legal costs from preparing depositions, filing with the court, obtaining records, and consulting with experts. Many personal injury lawyers are paid under a contingency fee agreement. This means that they pay the upfront costs on the condition that they will be repaid when a settlement is won. Alternatively, some attorneys may require that you pay the case costs up front. It is best if you choose an attorney who is invested in winning your case and can afford that commitment.

Find out if your Personal Injury Lawyer is a member of any law groups

Lawyers hold other lawyers accountable. There are several law groups that exist to provide networking and accountability among lawyers. An example of this is that National Trial Lawyers. National Trial Lawyers is an organization that recognizes exceptional trial lawyers across the country. This reputable group spotlights successful and exemplary attorneys on their success rates, code of conduct, and continued education. Members of organizations like this one are among the best trial lawyers for you to consider hiring for your personal injury case.

 

Tips for Choosing the Best Personal Injury Lawyer

Arrive at a Decision

Now it is time to make a decision. If you need a car accident attorney, there is only so much that research can do for you. You will need to follow your intuition. How would you judge the demeanor of each attorney? Do they seem trustworthy? Do they seem dedicated to helping you win your case, or is it simply another set of billable hours to them? How do you feel about their fee level?

Ask Important Questions

Each attorney’s office should be able to answer the following questions for you before you sit for a formal, paid consultation.

Pick up the Phone

Now it is time to make some phone calls. Call your state bar association and ask for consumer assistance. Every state provides assistance for citizens looking for an attorney.

Consider Each Practice’s Experience

Your online search should yield several results. It is time to start filtering them down to the most talented few. Start by doing the following.

Search Online

You can begin by searching online for a list of personal injury lawyers. The website for each one should include the following.

 

tips for choosing the best personal injury lawyer

Personality – He or she might be the best lawyer out there, but if you and your attorney don’t mesh well or can’t get along, then you might want to find someone else. Also, you need an attorney who is willing to return your phone calls and answer specific questions about your case. You don’t need to be best friends with your attorney, but you do need to have a good working relationship.

Disciplinary record – How many complaints does your potential lawyer have against him or her? Has he or she ever been disciplined for actions or behavior while practicing? Has your attorney ever been suspended? Disbarred? You can typically find all of this information online in a searchable database.

Reputation – Is your attorney well-known, or is your lawyer infamous? Your attorney’s reputation will factor heavily into dealing with insurance companies, other lawyers, judges and court officials. Someone who has been kicked out of courtrooms for bad behavior or doesn’t play nice with others probably isn’t the best lawyer to handle your case. You need someone who is well-respected with a track record of getting fair settlements for his or her clients.

Area of focus – Some personal injury lawyers may specialize in big rig accidents, while others may focus on motorcycle or other types of motor vehicle accidents. It’s important that you pick an attorney who’s well-versed in the type of accident for which you have a claim. It’s said that about 95 percent of personal injury claims are settled without a judge or jury, so it’s key that your lawyer understands the many factors at play. A family mortgage attorney or a corporate litigator won’t cut it for these types of cases. Robert Armstrong has handled only personal injury cases for his entire 32-year career.

 

Tips for Choosing a Quality Personal Injury Lawyer

Hire an Attorney with Experience

Hiring a personal injury attorney who has the experience to know what to look for, where to look for it, and understands your case, can make all the difference during the negotiation and settlement process. Before you hire an attorney, ask them about the experiences they have had handling similar cases in the past. Find out what their success rates are and whether or not they are prepared to take your case to trial if necessary.

Hire an Attorney who has Experience Taking Cases to Trial when Necessary

There are many attorneys who handle personal injury cases but have never actually seen the inside of a courtroom.Insurance companies are extremely aggressive when it comes to winning a personal injury case, and if they know that your lawyer does not have trial experience, they will try to take advantage of your attorney in the hopes that your case will be settled outside of court at a much lower amount than what you are asking for.

Hire an Attorney with a Good Reputation

When you hire a personal injury attorney with a positive reputation, who is known for handling and resolving cases quickly and fairly, you will have a much better chance at obtaining the compensation that you deserve. An attorneys reputation can provide that added value to your case, not only from the plaintiff’s perspective, but also from the defendant’s and the court’s perspective on handling cases and doing thing the right way.

Hire an Attorney who Specializes in Personal Injury

Personal Injury law is very intricate and involves specific rules and regulations that need to be followed.Attorneys who handle personal injury law on top of divorce law, bankruptcies, etc. may be a jack of all trades but a master at none. The Attorneys main focus of practice can make a huge difference in the outcome of your case. An attorney who focuses solely on personal injury law will have unique skills when it comes to determining liability, negligence, and causation of the accident.

Hire an Attorney with a Proven History for High Settlements

If you were involved in a Personal Injury Accident that caused serious damages and injuries, it is important to know that your attorney can deliver a large settlement. Before you hire an attorney, ask them to show you the cases they have won and the amount of compensation that was awarded in the settlement offers.

 

Tips for Choosing an Injury Attorney

Honesty and Skill are Key

Another quality is that the lawyer’s honest and objective. People expect quick settlements and a big payout. So, forthright lawyers won’t let clients make mistakes. And this includes making hasty decisions in their case. A skilled and expert attorney should also have a flexible approach. They should be able to deal with the liable party. So this should be done in a professional and friendly way. The legal counsel also needs excellent negotiation skills. Also, this helps in dealing with the other party to get a fair settlement.

Good PI Attorneys are The Special Ops of Law

As the name indicates, “personal injury lawyers,” who specialize in cases of bodily harm. So, these legal pros can help people to make different insurance claims. They have high skills in fighting insurers. This needed skill is excellent for victims to get paid back. The victim deserves their high-cost medical bills paid. It seems that a GP cannot handle all cases in court. Most people realize the right of hiring a plaintiff’s attorney. Some will choose the right one. It is critical for people to hire a good lawyer. If they wish to make a strong case, they must hold the at-fault party to account. If not, they could get stuck twisting in the wind.

Cooks Don’t Specialize in Military Special Ops

So using the military example, yes, a cook can fire a rifle. But would you deploy a battalion of cooks to lay suppressing fire and flank enemies at an enemy airfield? Maybe you could if they were Marines. After all, Marines are all trained as infantry.So they have the skill and muscle memory for this mission. But wouldn’t you rather put your money on an Army Ranger to capture that field? A battalion that does airport takedown missions for a living may have the edge right? I think so.

What is a General Practitioner?

General practitioners are lawyers referred to as a G.P. Clients seek these lawyers for cookie cutter cases. They are good at preparing legal forms for divorces, bankruptcy, wills, trust, etc. But the military doesn’t have an equal to this. Maybe a private that makes it through boot camp would be a GP. In the military, we have a Military Occupational Specialties or a M.O.S.Something is positive with a skilled military pro. This professional is a person trained for one mission. Be it a cook, an infantryman, or even supply, they all specialize in one task or M.O.S. Each one has the general skills of how to fire a rifle. But you would want an infantryman on the front line. Since this is their primary military occupational “specialty.”

The Better Lawyers Usually Have a Specialty

Would you hire a battalion of U.S. Army Green Berets for an amphibious assault? No, you would use a U.S. Marine Air Ground Task Force or MAGTF. This beach assault won’t need a “force multiplier.” The Green Berets would provide a smaller force for a specific mission. Marines are born and bred for this beach assault mission. Like the military, we lawyers have different types of law missions. The legal profession has many kinds of legal counsel.