1) An experienced car accident lawyer knows the lingo.
He or she should have years of experience understanding the lingo, the jargon, the terms and concepts involved in collecting from insurance companies for accident victims. Insurance companies talk about: stacking policies, personal injury protection (PIP), uninsured and underinsured, the collateral source rule, contributory negligence, intentional torts, and med pay. You need a car accident lawyer in your corner to understand, translate, and deal with the insurance industries lingo and jargon.
Never forget that insurance companies are for-profit intuitions. They have shareholders who expect them to pay dividends and employees who expect to be paid salaries and bonuses. Insurance companies will do whatever they can, within the boundaries of the law, to reduce the settlements and verdicts that they are required to pay. They have been writing insurance coverage for most of a hundred years, and very few go out of business for lack of revenues.
2) An experienced accident attorney knows the motor vehicle laws in your state.
To win a case at trial or convince the insurance company that they have liability exposure, you need to understand your state’s motor vehicle laws. Most motor vehicle cases are based on the concept of negligence. To win a negligence case, you are required to prove that the other driver had a duty, that there was a neglect of that duty, and that you were injured as a result. Your case can be lost for failing to prove any of these three elements. The duty is usually one imposed by the traffic code or statues. The breach generally comes from failing to obey the traffic statues. Your damages are your medical bills, lost wages and pain, and suffering.
Traffic laws can vary from state to state, and your case may turn on knowing your state’s specific statutes.
3) An experienced accident lawyer knows what your case is worth and how to get the most out of your case for you.
An experienced accident lawyer deals with the same insurance carriers over and over. Different insurances companies use different methods to value a bodily injury claim. After dealing with hundreds if not thousands of settlements and verdicts, an experienced accident attorney has a good feel for an offer of settlement from an insurance company. An experienced traffic attorney can explain to the strengths and weakness of your particular case
4) An experienced accident attorney will protect you by reviewing and explaining legal terms, concepts, and documents.
Have you ever read and tried to understand your automobile insurance policy? Have you ever reviewed a release from an insurance company? Many additional documents such as accident reports, breath alcohol readings, ambulance runs, and medical records can be confusing and even misread by the inexperienced.
An experienced traffic attorney will assure that any release executed is correctly written and effective.
5) A lawyer can file a lawsuit for you if the insurance company does not make a reasonable offer.
If all else fails, an accident lawyer can file suit against the other driver to collect for your injuries. The attorney can select the best jurisdiction for a case to be filed. They can determine whether or not it is in your best interest to pray a jury trial or have your case heard by a judge.
They can prepare effective discovery to establish that negligence has occurred. They can collect and organize your medical records to make an effective presentation to the judge or jury. Should you win a judgment, they are also useful in collecting any money due to you.
Insurance companies understand that few individuals who do not have legal training will be able to file a lawsuit and pursue it to conclusion properly, and they take that into consideration when making settlement offers.
Most people who try to handle their own bodily injury insurance claims do not fair well, and they are no match for the experienced insurance adjustor or their attorneys. To be successful against an insurance company, an individual is well advised to have an experienced accident attorney on their side. Insurance companies effectively use attorneys to defend their interest and that of their insureds. You need an experienced accident attorney to level the playing field in either trying to settle you claim or seeking justice in the Courts.
Thanks to our friends from Raymond Carignan, Esq., LLC for their insights into personal injury law and car accidents.