If you have been involved in a car accident and are thinking about retaining an attorney to represent you in you claim, you may want to know what to expect from your attorney. The legal process can be confusing under the best of circumstances. When you have been traumatized by an accident, it can seem overwhelming. Additionally, a personal injury case can be very complicated and can include a number of legal issues that only an experience personal injury attorney is prepared to handle.
The most important thing you can expect from your personal injury attorney is that he will be your voice from the moment you retain his services. You will not have to communicate with any of the parties involved in the claim. Your attorney will communicate directly with the other drivers, the police, insurance companies and the courts if necessary. All you will need to do is concentrate on healing.
Your first step in your case for your attorney will be to determine negligence. Your attorney will investigate the accident thoroughly in an attempt to determine who was negligent (at fault). In states with comparative negligence – like California – there may be more than one party at fault. If there was more than one vehicle involved, two or more of the driver’s may share the fault. Additional defendants may also be negligent for causes such as roadway defects or vehicle defects. Your attorney will use police reports, witness accounts, vehicle repair reports, doctor reports, your statements and possibly expert reports and examinations to make a preliminary determination of negligence. This will then become your theory of the case.
Your attorney will also need to determine damages. Damages is a legal term that is used to describe the cost of your injuries. Damages are not only physical injuries – although they are part of a damages computation. Damages can also include the costs to repair your vehicle, your lost wages from work, lost time from school, lost time for doctors appointments, fees for expert opinions, consultations and reports and other costs directly related to the accident. Your attorney will also ask your doctors for an estimate of what future medical bills you will incur as a result of injuries suffered from the accident. Additionally, some states allow for punitive damages – commonly known as pain and suffering. This is a figure that is intended to take into account emotional suffering caused by the driver’s negligence.
Your personal injury attorney will communicate with the other driver(s) or their insurance companies to attempt to reach a settlement in your case. If a settlement is not possible, or the settlement amount is not satisfactory to you, then your attorney will file a suit in court and represent you for the duration of the litigation that ensues. As you can see, hiring an experienced California personal injury lawyer to help you navigate a personal injury accident may be the smartest thing you ever do.
If you have been the victim of a car accident and would like an experienced attorney to evaluate your case, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.LedgerLaw.com.
