A car accident lawyer takes complete ownership of your injury claim so you can focus on your recovery. They handle all communication with insurance companies, investigate the crash to prove liability, and calculate the full value of your damages to fight for a fair settlement or verdict.
An attorney manages every complex detail of your case from start to finish, freeing you from the stress and confusion that come with filing a personal injury claim.
Key Takeaways for Car Accident Lawyers
- A lawyer immediately takes over all communication with insurance adjusters, protecting you from accidentally hurting your own claim.
- Your legal team conducts an independent investigation to gather crucial evidence of fault.
- Attorneys work with financial and medical professionals to calculate the total value of your claim.
- Your car accident lawyer handles all procedural requirements and files all necessary legal documents.
- Experienced personal injury attorneys know how to maximize compensation for your injuries and losses.
Protection From Insurance Company Tactics
After an accident, the at-fault party’s insurance adjuster may contact you. They often sound helpful and might make a quick settlement offer. However, their job is to protect their company’s profits by minimizing or denying your claim.
An experienced attorney understands how to counter these strategies. They know how adjusters operate, like recording your statement to find inconsistencies or requesting overly broad medical authorizations to search for pre-existing conditions.
A primary function of your car accident lawyer is acting as a barrier between you and the insurer, helping you avoid common pitfalls that could harm your case. They advise you on what to say and, more importantly, what not to say.
Their protection allows you to focus on your medical treatment without the stress of dealing with an adjuster trained to undervalue your claim.
An Independent Crash Investigation
While a police report provides an initial account of a crash, it likely doesn’t tell the full story. A core part of a car accident lawyer’s responsibilities involves launching a comprehensive private investigation.
This deep dive uncovers evidence that helps uncover the other driver’s fault and strengthens your claim for compensation. An attorney and their team proactively gather information that may otherwise disappear.
Collecting Critical Evidence
Your lawyer gathers and preserves all forms of evidence related to your accident. This active pursuit of facts builds a compelling narrative of what happened and who carries the liability for your injuries. A thorough collection of evidence demonstrates the full extent of the defendant’s negligence.
Common examples include:
- Scene Evidence: Lawyers dispatch investigators to photograph the accident location, debris fields, property damage, and any relevant traffic signals or signs.
- Witness Statements: They identify, locate, and interview witnesses to get their account of the events before memories fade.
- Video Footage: Investigators search for surveillance, traffic, or dashcam videos that captured the crash as it happened.
- Vehicle Data: Attorneys can secure preservation orders to download data from the vehicles’ Event Data Recorder (EDR), which shows speed and braking information.
Using Experts To Prove Your Case
Complex accidents sometimes require specialized knowledge to explain technical details to a claims adjuster or jury. The Rothenberg Law Firm has a network of respected professionals we can consult. These experts analyze the evidence and provide authoritative opinions that clarify key elements of your claim.
Your attorney determines which type of professional opinion would best support your case and then hires the right person for the job. This expert analysis adds a layer of credibility and authority to your argument for compensation.
These experts can help establish the cause of the crash, the severity of your injuries, and the full scope of your financial losses. This professional backing transforms a claim from a simple story into a well-documented case.
Building the Legal Framework for Your Claim
Evidence alone doesn’t create a successful claim. A lawyer’s skill lies in taking the raw facts from an investigation and constructing a powerful legal argument. They build this framework around the legal concept of negligence.
To succeed, your claim must show that another party acted negligently and caused your injuries. Your attorney translates the story of your crash into a legal argument that an insurance company or a jury can understand.
Establishing the Defendant’s Duty of Care
First, your attorney establishes that the other driver owed you a legal duty of care. This part is straightforward: all drivers on the road have a responsibility to operate their vehicles in a reasonably safe manner.
This includes following traffic laws, paying attention to their surroundings, and avoiding actions that could foreseeably harm others.
Demonstrating a Breach of That Duty
Next, your lawyer uses the evidence to show exactly how the other driver breached their duty of care. This is the specific careless or reckless action that caused the crash. The breach forms the core of the negligence claim.
A breach of duty can involve actions like:
- Traffic Violations: Running a red light, speeding, or making an illegal lane change are clear examples of breach of duty.
- Driver Distraction: Your attorney may use cell phone records to prove texting while driving.
- Driving Under the Influence: Police reports and toxicology results can establish impairment from alcohol or drugs.
- Aggressive Driving: Eyewitness testimony can help prove that actions like tailgating or unsafe passing caused the collision.
Connecting the Breach Directly to Your Injuries and Damages
Finally, your lawyer must draw a clear line from the other driver’s breach of duty to your injuries and financial losses. This element, known as causation, prevents the defense from claiming that something else was the true cause of your harm.
Your attorney uses medical records, expert medical opinions, and your own testimony to prove that the accident directly resulted in your specific injuries and subsequent financial hardships.
Calculating the Full Value of Your Claim
Determining a fair settlement amount goes far beyond adding up your current medical bills. A crucial role of a personal injury lawyer is accurately valuing the total impact the accident has had and will have on your life.
Without a detailed calculation, you risk accepting a settlement that leaves you with future expenses. An attorney documents and includes every single loss you’ve endured. They work to secure compensation not just for your present costs but for the long-term effects of your injuries.
Identifying All Categories of Damages
Your attorney will review every detail of your case to identify all possible damages you can claim. Many victims only think of their medical bills and lost wages, but your recoverable losses often extend much further.
Your lawyer’s experience helps uncover hidden costs associated with your recovery. A comprehensive claim includes compensation for every way the accident has affected you.
Common damages include:
- Current and Future Medical Expenses: This includes reimbursement for all medical care you have already received, such as hospital stays, surgeries, and physical therapy, as well as the projected costs for any treatment you’ll need in the future.
- Lost Income: You can recover the wages, salary, and benefits you lost while you were unable to work during your recovery period.
- Diminished Earning Capacity: If your injuries prevent you from returning to your previous job or limit your ability to earn a living in the long term, your lawyer seeks compensation for this future loss of income.
- Property Damage: This covers the costs to repair or replace your vehicle and any personal property that was damaged in the crash.
- Pain and Suffering: Your attorney will fight for compensation for the physical pain and discomfort your injuries have caused, both from the initial impact and during your recovery.
- Emotional Distress: This accounts for the psychological impact of the accident, including anxiety, depression, fear, and post-traumatic stress disorder (PTSD) that you have experienced as a result of the event.
- Loss of Enjoyment of Life: You may seek compensation if your injuries prevent you from participating in hobbies, recreational activities, and other aspects of daily life that you previously enjoyed.
Documenting Your Losses
After identifying your damages, a lawyer meticulously documents each one with compelling proof. This step is needed because insurance companies won’t compensate you for any loss that you cannot substantiate. A disorganized or incomplete claim is an easy target for denial.
Your personal injury attorney gathers, organizes, and presents the evidence of your losses in a clear and persuasive way. This methodical approach leaves no room for adjusters to dispute the value of your claim without justification.
Negotiations and Litigation
Once they’ve completed their investigation and calculated your damages, your car accident attorney prepares and sends a formal demand letter to the insurance company. This letter outlines your legal arguments, presents the supporting evidence, and demands a specific settlement amount.
The process of negotiating with insurance companies after a crash begins at this point. The vast majority of car accident cases settle out of court, but achieving a fair settlement requires strong negotiation skills.
Your personal injury lawyer leverages the strength of your case to push for maximum compensation. If the insurance company refuses to make a fair offer, your attorney prepares to take your case to trial.
They handle all aspects of the litigation process, from filing the lawsuit to representing you in the courtroom. This readiness to go to court often convinces insurers to negotiate in good faith.
FAQ for What Do Car Accident Lawyers Do?
How Does a Car Accident Lawyer Prove the Other Driver Was at Fault?
Attorneys prove fault by collecting and analyzing evidence from various sources. They use the police report, witness interviews, photos of the scene, and available video footage.
In some cases, they hire accident reconstruction experts to provide a scientific explanation of how the crash occurred, solidifying proof of the other driver’s negligence.
What Do Car Accident Lawyers Do When the Insurance Company Makes a Low Offer?
If the initial offer is too low, your lawyer can reject it and submit a counter-demand with a detailed explanation of why your claim is worth more. They enter into strategic negotiations, using the evidence they have gathered to argue for a higher amount.
This back-and-forth process continues until they reach a fair number or decide to file a lawsuit to pursue the matter in court.
Do I Need a Lawyer for a Car Accident Claim if the Crash Was Minor?
Even in seemingly minor accidents, consulting a lawyer offers protection. Some serious injuries, like whiplash or concussions, don’t show symptoms immediately.
An attorney helps you avoid settling a claim too early, before you know the full extent of your medical needs, and makes sure you seek fair compensation for any hidden damages.
What Happens When a Lawyer Accepts Your Car Accident Case?
When a lawyer accepts your case, they immediately notify all insurance companies that you now have legal representation. You’ll no longer have to speak with adjusters; your lawyer takes over all the work.
Then, they’ll start their own investigation, collect all your medical records and bills, and handle all communications related to the claim.
How Do Personal Injury Lawyers Calculate Settlements for a Car Accident?
Lawyers calculate settlement amounts by adding together all of your economic and non-economic damages. First, they compile your concrete financial losses, like medical bills and lost wages.
Then, they use established methods to assign a value to your non-economic damages, such as pain and suffering, based on the severity of your injuries and the impact on your daily life.
Protect Your Rights After an Accident
After seeking medical care, you need to secure your legal rights. Before you provide a recorded statement or accept any offer, get an experienced car accident lawyer on your side to enhance your ability to recover the compensation you need.
If you’ve been injured in an accident due to someone else’s negligence, focus on your health and let an experienced legal team handle the fight. With over 50 years of experience and billions of dollars recovered for clients, The Rothenberg Law Firm knows how to handle complex injury cases.
Call (888) 991-3996 today for your free consultation; we’re available 24/6 to protect your rights.
