Many people, who were involved in an accident, are a little weary about what to do next. They often don’t want to rush into retaining a lawyer for fear of getting roped into extensive legal fees. Or maybe they are not sure if they even have the right to file a lawsuit, and will it be worth it? Most people will immediately call their insurance company first, but you may want to stop and reconsider this.
In general, if you were involved with a person or business that left you at a loss; either personal or financial, you have a right to be compensated. Typical examples of loss are car accidents, assaults, dog bites, slip and fall accidents, just to name a few. The most common accidents are car accidents. However, many people don’t know that most businesses are required to clear and maintain their sidewalks for safe passage. If they fail to do so, and you get hurt, you are entitled to some kind of monetary compensation.
Anyone who owns an animal is also expected to keep it under control. If that pet damages you or your property, you are then entitled to a recovery of the cost of damages. Recovery typically covers the costs of lost wages, property damage, health care expenses, and in some cases pain and suffering.
The first thing a good lawyer will do, is determine if the other party truly has a liability for your losses, and how much are these losses worth. He will also assess if you played a part in the negligence, and if so, to what degree? If you are found to be responsible for some of the damage, you will also need to contribute to restoring the situation to the way it was before the accident.
Recovery is also based on everyone’s ability to pay. If the parties involved carry little or no insurance, and have few assets, maybe everyone should just write the matter off as a lesson learned. An experienced lawyer will know right away how to determine if the pain and suffering of a law suit is worth the pain and suffering a recovery may bring.
In the case of a car accident, every car is required to carry insurance; however, most drivers are underinsured. Just because someone has a car accident, and has car insurance, doesn’t mean that they will be able to grant you a large settlement. The same is true for you. If you were involved in an accident and the other party doesn’t have any insurance, you may carry uninsured motorist coverage on your policy, but it will take an experienced lawyer to find a way to convince the insurance company to give any of it to you.
Personal injury law and insurance policies can be very complex subjects to work with. It takes someone with knowledge in both these matters to make sure that you are treated fairly, and swiftly, and to make sure you don’t get lost in the paperwork.
Contacting a lawyer right away will ensure that vital evidence is collected and at least stored for further use, even if you decide not to pursue legal action now. This evidence can be time sensitive; so statements should be taken, and evidence gathered before it is forgotten or unavailable to you months from now.
You also need to be very careful about what you say to others involved. You are not required to give a statement on any matter, at any time. Simple statements can be twisted and used against you by the other side, so it is wise to have an attorney at least available if not present before you decide to the communicate with the insurance companies. Insurance companies have a great interest in keeping their money, and they know how to avoid paying claims if at all possible.
After all the evidence is gathered, you will need to present it in such a way as to represent you in a clear light. Contacting a lawyer is the best way to accomplish all this, and protect you from further damage.
Most personal injury lawyers will work on a contingency basis, so your legal fees are in general taken out of your settlement. If there is no recovery, there is no fee. You will be expected to pay for filing fees, copies, transcripts, etc., but a decent lawyer will make you aware of these costs up front, as well as what he expects to recover before you get into any extensive legal work.
An experienced lawyer will also often be able to avoid many of these expenses by avoiding court all together. Many personal injury cases are settled out of court, therefore minimizing the costs of resolution. Negotiating, mediation and arbitration are 3 ways to resolve conflicts professionally, and minimize the costs of recovery.
If you do have to go to trial, this could take a long time. What if you need medical care before that? This is another reason to consult with a good attorney and allow him to direct you to various services that are sympathetic to the needs of accident victims. A typical example would be going to a chiropractor after a car accident. Many insurance companies still resist chiropractics claiming that they are not nationally recognized, but a good personal injury lawyer will make sure that you get the medical care you need, while you are waiting for trial; and some lawyers can help you find a doctor who understands these things and is willing to work with you under these circumstances.
So if you were involved in an accident of any size, it might be worth your while to call a lawyer first, before you rush off to the insurance company. Ledger Law offices are a great place to start. Call 800-300-0001 today to learn more today.
