What Do Car Accident Lawyers Do?
Auto Accidents, Personal InjuriesGetting into a car accident can be scary and confusing. You might be hurt, your car might be damaged, and you might not know what to do next. This is where Columbia car accident attorneys come in. They’re helpers who know a lot about the laws around car crashes. Their job is to stand up for people who’ve been in accidents and ensure they’re treated fairly.
Why You Might Need a Car Accident Lawyer
After a car accident, there’s a lot to deal with. You might need to see doctors, fix your car, and talk to insurance companies. It can be overwhelming, especially if you’re trying to get better from injuries. A car accident attorney will handle many of these things for you. They know the ins and outs of accident cases and can guide you through the process.
One reason to think about getting a lawyer is that they can pursue the money you need to pay for your medical bills, lost income, and other costs from the accident. Insurance companies often try to pay as little as possible, but lawyers know how to negotiate with them. They can work to get you a fair amount of money to cover your expenses and make up for your pain and suffering.
What Car Accident Lawyers Do Right After You Call Them
When you first call a car accident lawyer, they’ll want to hear your story. They’ll ask you questions about what happened in the accident, who was involved, and what kind of injuries or damage occurred. This helps them understand the details of the accident and decide if they can help you.
If the car accident attorney thinks they can help, they’ll explain what they can do for you. They might talk about gathering evidence, talking to witnesses, and dealing with insurance companies. They’ll also tell you about their fees and how they get paid. Many car accident attorneys work on something called a “contingency fee.” This means they only get paid if they win your case and get money for you.
Gathering Evidence for Your Case
One of the first things a car accident lawyer will do is start collecting evidence. This is important because it helps prove what happened in the accident and who was at fault. Some types of evidence they might gather include:
- Police reports from the accident;
- Pictures of the accident scene and damaged vehicles;
- Statements from people who saw the accident happen;
- Your medical records and bills;
- Information about your lost income if you had to miss work.
Lawyers know what evidence is most helpful for your case and how to obtain it properly so it can be used in court if necessary.
Talking to Insurance Companies
Dealing with insurance companies can be problematic. They often try to settle cases quickly and for as little money as possible. Car accident attorneys know how insurance companies work and how to talk to them. When you hire a lawyer, they’ll handle all the communication with insurance companies.
Your attorney will ensure the insurance company doesn’t take advantage of you. They’ll negotiate to get you a fair settlement covering all your expenses and losses from the accident. If the insurance company won’t offer a fair amount, your lawyer might advise you to take the case to court.
Understanding Negligence in Car Accident Cases
In many car accident cases, lawyers have to prove “negligence.” This is a legal term that basically means someone wasn’t being as careful as they should have been resulting in harm to another person or persons. In a car accident, negligence might mean a driver was speeding, not paying attention, or breaking traffic laws.
Proving negligence is important because it helps show who was at fault for the accident. Your lawyer will work to gather evidence that shows the other driver was negligent. This can include things like witness statements, traffic camera footage, or expert analysis of the accident scene.
Sometimes, both drivers might have been a little bit careless. Your lawyer will help determine how this affects your case and what it means for any money you might get.
Calculating Damages in Your Case
“Damages” is another legal term that car accident lawyers use in your personal injury case. It refers to all the ways the accident has cost you or hurt you. Some damages are easy to calculate, like the cost of your medical bills or car repairs. Others are harder to put a number on, like pain and suffering or emotional distress.
Your lawyer will work to figure out all the damages in your case. They might talk to your doctors to understand your injuries and how they’ll affect you in the future. They’ll look at your work history to see how much money you’ve lost from missing work. They’ll also consider how the accident has affected your daily life and your relationships with family and friends.
Once they have a good idea of all your damages, your car accident attorney will use this information to decide how much money to ask for in your case. They’ll make sure to include both the costs you’ve already had and any future expenses or losses you might have because of the accident.
Negotiating a Settlement
Most car accident cases don’t go to trial. Instead, they’re settled out of court through negotiations. Your lawyer will work to negotiate a fair settlement with the other driver’s insurance company or lawyer.
During negotiations, your lawyer will present all evidence they’ve gathered and explain why you deserve the amount of money they’re asking for. They’ll use their knowledge of similar cases and the law to argue for the best possible outcome for you.
If the other side makes an offer, your lawyer will discuss it with you. They’ll explain whether they think it’s a good offer or if they think you can do better. The decision to accept a settlement is always up to you, but your lawyer will give you their professional advice to help you make the best choice.
Preparing for Mediation or Arbitration
Sometimes, if negotiations aren’t working, your lawyer might suggest trying mediation or arbitration. These are ways of settling disagreements without going to court.
In mediation, a neutral third person (called a mediator) helps both sides talk to each other and try to reach an agreement. Your attorney will be with you during mediation to give you advice and speak on your behalf.
Arbitration is a bit more like a mini-trial. An arbitrator (or sometimes a panel of arbitrators) listens to both sides and then decides. Your personal injury attorney will present your case in arbitration just like they would in court.
Your lawyer will help you prepare for either mediation or arbitration. They’ll explain what to expect and practice what you might say. They’ll also gather all the necessary documents and evidence to support your case.
The Discovery Process
If your case doesn’t settle and goes to court, there’s a stage called “discovery.” This is when both sides share information about the case with each other. Your lawyer will handle the discovery process for you.
During discovery, your lawyer might:
- Send written questions (called interrogatories) to the other side;
- Ask for documents related to the accident;
- Take depositions (formal interviews) of witnesses or experts.
Your lawyer will also respond to any discovery requests from the other side. They’ll ensure you only share what’s legally required and protect your rights throughout the process.
Discovery can take a while, but it’s an important part of building a strong case. Your lawyer will use the information gathered during discovery to strengthen your arguments and prepare for trial if needed.
Representing You in Court
If your case goes to trial, your car accident lawyer will represent you in court. They’ll present your case to the judge or jury, call witnesses to testify, and cross-examine the other side’s witnesses.
Going to court can be scary, but your lawyer will be there to guide you through it. They’ll prepare you for what to expect and how to act in court. They’ll also make opening and closing statements, object to improper questions or evidence, and argue legal points to the judge.
Your lawyer’s goal in court is to prove your case and get you the compensation you deserve. They’ll use all their skills and knowledge to present the strongest possible case.
Handling Appeals if Necessary
Sometimes, even after a trial, the case isn’t over. If either side isn’t happy with the outcome, they might decide to appeal the decision. This means asking a higher court to review the case and possibly change the decision.
If an appeal is needed, your car accident lawyer can handle that too. They’ll write legal briefs explaining why the trial court’s decision should be changed, and they might argue your case in front of the appeals court judges.
Appeals can be complicated and often focus on very specific legal issues. Your lawyer will explain what’s happening during the appeals process and what it might mean for your case.
Helping You Understand Legal Terms and Processes
Throughout your case, your car accident attorney will be there to explain things to you. The legal world can be confusing, with various special terms and processes that most people aren’t familiar with. Your lawyer will break these down for you in a way that’s easy to understand.
For example, they might explain what “negligence” means in your case, or how “damages” are calculated. They’ll tell you what to expect at each stage of your case and help you make informed decisions.
Don’t be afraid to ask your lawyer questions if there’s something you don’t understand. A good car accident lawyer will always take the time to make sure you know what’s going on in your case.
Working with Other Professionals
Car accident lawyers often work with other professionals to build strong cases for their clients. They might bring in accident reconstruction experts to determine exactly how the crash happened. They might work with medical experts to understand your injuries and how they’ll affect you in the future.
Your lawyer might also work with financial experts to calculate things like lost income or future medical costs. These professionals can provide important information and testimony to support your case.
By working with these experts, your lawyer can build a strong, well-rounded case. This can be helpful whether you’re negotiating a settlement or going to trial.
Keeping Your Case on Track
There are lots of deadlines and procedures that need to be followed in legal cases. Your car accident lawyer will keep track of all of these for you. They’ll make sure all the necessary paperwork is filed on time and that your case stays on schedule.
This is important because missing deadlines can hurt your case. Your lawyer will ensure everything is done properly and on time so that doesn’t happen.
Advising You on When to Settle and When to Go to Trial
One of the biggest decisions in many car accident cases is whether to accept a settlement offer or go to trial. Your lawyer will advise you based on their experience and knowledge of the law.
They’ll look at the strength of your case, the amount of money being offered, and the potential risks and benefits of going to trial. They’ll explain all of this to you and give you their professional opinion on what they think is best.
Remember, though, that the final decision is always yours. Your lawyer is there to advise you, but you get to decide whether to settle or go to trial.
Talk to a Car Accident Lawyer Today
Car accident lawyers do a lot to help their clients. They gather evidence, talk to insurance companies, calculate damages, negotiate settlements, and represent you in court if needed. They explain complicated legal terms in ways that are easy to understand and guide you through the whole process of your case.
Having a car accident lawyer can make a major difference in the outcome of your case. They know the laws and how to use them. They can often get you more money than you might get on your own, even after their fees are paid.
If you’ve been in a car accident, it’s important to talk to a lawyer. Many are affordable and offer free first meetings where you can learn more about your case and how they can help. Don’t try to handle everything on your own – a good personal injury lawyer can be a big help during a tough time.
Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $220 million in verdicts and settlements.