Car Injury Lawyer and Law
If you or your loved one is involved in a car accident, protecting your rights is essential. Keep the insurance companies from taking advantage of you. A car injury lawyer can help you understand your options and pursue a fair settlement. In this must-read article, you learn more about car accident lawyers and car accident laws.
Car accidents are a horrible reality that many Americans face in their lives. Whether minor or major, accidents can make a person suffer from monetary loss, physical disabilities, or mental anguish.
The National Highway Traffic Safety Administration (NHTSA) estimates that in 2018 alone, 2.71 million victims had wounds severe enough to need medical attention. About 20,175 persons lost their lives in automobile accidents during the first half of 2022, according to figures on traffic fatalities.
After a car accident, there are a lot of issues. To tackle such accidents, you should know the facts. If you or a loved one was in a car accident, read on to understand the facts and how to get help.
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The Aftermath Of A Car Accident
The initial question afterward is who is at fault or liable for the collision.
The liable driver is blamed for the accident, the injuries, and the damage caused. You must initiate an accident liability claim to receive compensation for your losses sustained. You can retrieve damages by filing a property damage liability claim as well as a personal injury claim. The specifics of each claim could cover various expenses, but they differ depending on the circumstances.
The accident’s cause and type are essential to your claim. These factors have an impact on the extent and type of your injuries, which affect the claim’s valuation. Accidents can be categorized based on the impact type, the type of driver, and the type of vehicle involved.
The liable driver, in your case, can be a teen or elderly, insured or uninsured motorist. Although hit-and-run drivers may face criminal charges, victims usually have little legal evidence for support. A taxi car accident is different from typical cases. Suppose you have been in an accident, for example, while riding an Uber. In that case, you can file a claim against the company’s insurance.
Car Accidents Can Have The Following Types Of Impacts
Rear-end collisions:
These result from distracted driving, drowsy driving, and impaired driving. Too little distance between cars might result in rear-end crashes as it shortens the space between the vehicles and the time available to apply the brakes if traffic stops abruptly. If the car in front of you suddenly stops in a lane of moving traffic or abruptly reverses back, they might also be at fault.
Head-on collisions:
These dangerous collisions can happen because of a distracted, fatigued, speeding, or reckless driver. In such accidents, the impact is intensive because both vehicles move toward each other. Therefore, compared to other forms of car accidents, head-on collisions are significantly more likely to cause serious injuries or fatalities.
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Side-impact collisions:
These are frequently the result of negligent drivers who fail to stop at intersections or traffic signals. The two types of side-impact crashes are side-swipe and T-bone accidents. A side-swipe accident occurs when an automobile travels too close to another one moving in the same direction, strikes it, or swerves into a car in another lane. A T-bone accident occurs when an automobile side-swipes another vehicle at a right angle. When a driver takes an unsafe left turn in traffic, accidents of this kind frequently happen.
Single-vehicle collisions:
Single-vehicle collisions typically happen when a driver crashes into an object in their route, such as an animal. The car may deviate off the road and strike anything in these collisions. The car can flip over or land in a ditch, depending on where the collision happens. These mishaps might become quite catastrophic.
Multi-vehicle collisions:
They also go by the name “chain reaction accidents” and include three or more vehicles. Collision, when one vehicle is squeezed between two other cars, leads to multi-vehicle accidents. The people inside the middle car may get serious injuries.
Rollover collisions:
Drivers who are fast, tired, or inattentive can cause rollover collisions. These can result in cargo or gasoline spills that ignite, causing vehicle fires that can cause more injuries or be deadly if the vehicle explodes. These terrible incidents might send a driver or passenger flying out of the car.
Blind spot collisions:
Drivers might easily crash with another car and have a blind spot accident if they neglect to check their blind zones. Blind spot collisions can cause serious injuries, depending on the speed, angle of the cars, and other variables. Large trucks pose a significant risk to other drivers, and smaller objects like motorbikes can vanish in their blind areas.
How the car accident occurs and its impact are factors that aren’t in your hands. However, the type of auto accident liability claim you decide to file is your decision. In your case, the at-fault party or parties will determine suitable personal injury liability claims.
You can file a claim for an accident in the following ways:
Claims of liability against another driver:
These claims occur when another driver hits your vehicle. When another motorist crashes your car, these claims happen. They frequently originate from the bad judgment of a car or truck driver who was tired, preoccupied, or moving too quickly. In serious accidents, more than one motorist may be legally responsible for causing the collision.
Claims for dram shop liability:
A dram shop claim involves a third party who is found responsible for someone’s drunk driving. Under some conditions, you may be able to bring a lawsuit against a place that sold alcohol to a person who later caused an accident as a result of intoxication. Most dram shop rules hold proprietors accountable if they overserve or purposefully serve someone obviously drunk. The laws governing accident liability and drunk driving vary from state to state.
Stay informed and protect your rights by reading the full article.
Liability claims for an uninsured or underinsured driver:
Uninsured or under insured motorist coverage is a form of insurance you purchase that will apply when neither the other motorist nor his insurance can pay your claim. It deals with circumstances where your insurance policy can’t cover the losses and damages resulting from the accident.
Claim for product liability:
You can file a claim against the vehicle manufacturer or the faulty part for damages relating to the accident and injuries when a defective vehicle or part causes an accident. These claims may be based on manufacturing, informational, or design flaws that an automotive manufacturer caused. Due to the possibility that other customers may have the same issues with their cars, these claims might also result in a mass tort case.
Liability claims against the government in car accidents:
If your automobile accident was caused by a poorly constructed or ill-maintained road, you could file a claim against the local authorities responsible for road construction and upkeep. Individual government workers cannot usually be held accountable or sued for punitive damages. Also, suing the government for damages is subject to state-specific restrictions.
Liability claim for medical malpractice:
Medical malpractice may be a cause in a vehicle accident claim; if you or another motorist causes an accident due to medical misconduct, your doctor and the clinic where they operate may be held accountable. For example, suppose a doctor fails to detect a dangerous condition, resulting in a medical emergency while driving.
Claim for wrongful death:
The victim’s family or other accident survivors might bring a wrongful death accident liability suit against the at-fault party. A wrongful death case may incorporate any previously stated claims, but it varies significantly in one significant regard. The survivors of the deceased victim have just two years from the date of death to file a legal claim, as opposed to four years for most other personal injury claims.
“It is important to file claims to recover from the setbacks that an accident has caused you. Claiming for damages and losses can compensate you for property damage, medical expenses, future medical costs, physical therapy costs, lost wages, lost earning capacity, disfigurement, and so on.”
State Laws Regarding Filing Accident Claims
When filing for an accident liability claim, specific laws govern this procedure. These laws vary from state to state.
A tort liability system prevails in the majority of US states, which allows you to claim compensation if injured in a car accident caused by someone else’s carelessness or misbehavior. In general, all car drivers need insurance if they injure someone else. However, some jurisdictions compel car owners to purchase “no-fault insurance,” while others use an “add-on” approach. Residents in a few states can choose between a traditional tort system and a no-fault system.
In no-fault insurance, your insurance company will reimburse your economic damages without proof of fault. Still, you may not be able to sue the liable driver. You may only be able to recover non-economic damages from the driver liable if the injuries are severe or you have already spent some money on medical costs.
All drivers have a responsibility to other drivers and pedestrians. This duty of care entails driving reasonably to avoid foreseeable harm to others. Talking on the phone while driving is an example of a duty violation. Actual causation indicates that the accident would not have occurred if the breach had not occurred. In contrast, proximate causation means that the accident was a foreseen effect of the breach. In a typical tort liability system, you can only recover from someone if you can prove that person’s responsibility. Most cases hinge on demonstrating the liable driver’s negligence, breach of duty, actual and proximate cause, and actual damage.
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The law of the state where the accident occurred dictates the negligence doctrine that applies to the case. Each state follows either of these three doctrines- pure comparative, modified comparative, or contributory negligence.
In pure comparative negligence, the victim’s recovery is reduced in proportion to their degree of fault. The twelve pure comparative negligence states are Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington.
In contrast, modified comparative negligence reduces the recovery in proportion to the degree of fault but is barred completely if the victim is at a certain level of fault. This level is usually 50% or 51% but is subject to state law. Twelve states bar recovery at 50% or more negligence. These are Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, South Carolina, Tennessee, Utah, and West Virginia. Twenty-one states barring recovery at 51% negligence are Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Vermont, Wisconsin, and Wyoming.
Don’t let a lack of legal knowledge hold you back. Keep reading to learn more.
On the other hand, contributory negligence dictates that the victim’s recovery should be barred if they were even 1% at fault. The District of Columbia and the states of Alabama, Maryland, North Carolina, and Virginia follow this negligence doctrine.
These laws are applicable only to domestic cases. However, if you were in an out-of-state accident, the process becomes a little tricky.
The state in which the defendant resides is referred to as personal jurisdiction. Subject matter jurisdiction refers to a court’s jurisdiction depending on the subject matter or substance of the litigation. Personal and subject matter jurisdiction may be relevant if you are involved in an out-of-state vehicle accident. Another jurisdiction is diversity jurisdiction. This may be invoked if the amount at risk exceeds $75,000, drivers live in separate states, or if federal laws or constitutional difficulties are implicated. In such cases, your case could be transferred to a federal court.
In such cases, you are also subject to the other state’s laws. So, if the accident occurred in a no-fault state, you must submit a no-fault claim with your insurance provider. If your claim fits within the parameters of your policy, you will get insured. However, because each state has coverage restrictions, your coverage may alter under a Broadening Clause. A Broadening Clause is a provision in your insurance policy that changes your vehicle insurance policy to the minimum insurance requirements of any other state to which you travel temporarily.
Types Of Injuries In Car Accidents
Injuries can occur in collisions with any type of vehicle, but the frequency is always higher in car collisions. According to NHTSA (National Highway Traffic Safety Administration), 35% of people injured or killed in vehicles were occupants of passenger cars. The injuries can vary as per the intensity of the car accident.
Some of these injuries are described below:
Head & neck injuries:
These are the most severe injuries and could be life-threatening. You are advised to wear a helmet on a motorcycle and fasten your seatbelt on a car primarily to protect your head from any damage. Head and neck injuries can have issues visible in the form of whiplash, brain injury, and concussion. Whiplash includes pain, muscle spasms, tingling, numbness, or inability to move the neck or head. Concussions and brain injuries are more serious, and their impact could be lifelong. Symptoms may include mood swings, fatigue, memory problems, blurred vision, numbness, inability to focus, and long-term headaches.
Back injuries:
Back injuries usually affect the backbone and spinal cord, which can have a pressing impact on the nervous system. Many of them require surgical treatment, and some could sustain for life.
Examples include:
Paralysis: Partial or complete loss of movement or sensation.
Slipped discs or herniated discs: When a vertebra moves out of place, it causes pain in movement and bending.
Ruptured discs: Vertebra can break open, causing extreme pain in the slightest movement.
Nerve damage: During a collision, a nerve could be pinched or pressed unknowingly and could cause pressure, discomfort, or permanent damage to a muscle or any other body part.
Soft tissue injuries:
Soft tissues are muscles, ligaments, cartilage, and tendons. Usually, these injuries can be recovered if the penetration of any object is not very deep into the skin, but often, they result in permanent scarring and disfigurement. Examples include cuts, scrapes, torn ligaments, damaged cartilage, and bruises.
Internal injuries:
We usually pay attention to visible cuts and injuries and often remain ignorant of invisible or internal injuries. If not treated in time, they could result in severe damage to the body. Broken bones or internal bleeding are the most common types of internal injuries. Therefore, even if you experience the slightest headache and there seems to be no injury, seek medical attention immediately after the collision.
Loss of limbs:
Limb loss is typically a permanent and life-altering condition where victims require extensive rehabilitation. Loss of a limb can occur during the accident or by medical intervention later. Often, severely damaged limbs require amputation following a crash.
Burns:
Fire breakout after a car crash is no weird thing. As a result, the body may be partially or wholly burnt. These burns can cause disfigurement and scarring and are extremely painful.
Mental & emotional distress:
Accidents severely impact our mental health. The primary reason for developing psychological problems is losing a dear one. Stress due to the hassle of filing a claim, court trials, and other jobs can lead to severe mental health issues such as anxiety, depression, phobias, mood disorders, short-term or long-term memory loss, and post-traumatic stress disorder.
It is quite possible that you may not recognize these injuries by yourself. Therefore, you should seek medical attention immediately after an accident and consult with your physician about the slightest discomfort you experience after an accident.
Besides your health insurance, certain car insurance coverage could also help you get compensated for your injuries. Every state of the U.S. requires its drivers to possess some sort of car insurance coverage.
The following are some insurance covers that deal with injuries:
Bodily injury liability:
The most common type of insurance to cover your injury expenses is bodily injury liability coverage. The insurance company of the other person (insurer) will pay for your injuries or unfortunate death of your loved ones (the insured). The money paid intends to cover the medical expenses the deceased person’s family claims in a wrongful death suit.
Personal injury protection (PIP):
It is also known as No-fault insurance coverage. All the passengers of the car are entitled to PIP. PIP pays expenses for your care, recovery, rehabilitation, and even wage loss. It could include funeral expenses and survivor benefits to the kin if the person dies due to an auto accident. Even if you’re not required to buy PIP, it could be a part of a good car insurance policy where you live.
Uninsured/ underinsured motorist (UM/UIM) coverage:
It is quite possible that the driver who has hit your car doesn’t possess insurance (uninsured) or the insurance limit paid by the company is too little (underinsured). In both cases, this coverage helps. It is also helpful if you’re involved in a hit-and-run case, and the other driver cannot be found. However, the hit-and-run aspect doesn’t apply to some states like California.
Can A Car Accident Lawyer Help Me?
According to a 2014 research study by the Insurance Research Council, accident victims whom an attorney represented recovered claims that were 3.5 times more than those who settled without a lawyer.
A personal injury case arises when a victim takes the defendant to court to recover compensation for their harm. A personal injury lawyer represents the victim in court. Personal injury attorneys focused on tort law relating to auto accidents are known as car accident lawyers. They may aid you in pursuing the highest level of compensation in various ways.
An accident injury attorney’s first and most important responsibility is to assist you with every step of bringing a claim to recover damages from a vehicle accident.
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Organizing and analyzing vital records and evidence:
a) Obtaining necessary evidence of liability: A skilled attorney can assist in finding the evidence you need to prove liability in a car accident claim. Your lawyer will likely return to the accident location to check what it looks like, even if you may have previously taken pictures of the scene. The attorney will see that all accident or police records are obtained and will be in touch with the investigating officers and witnesses. A competent attorney will spare no effort in pursuing proof of responsibility.
b) Obtaining necessary evidence of damages: Obtaining all relevant data is crucial, especially in cases with serious injuries. You must demonstrate the proof of responsibility of the defendant by medical proof. In the medical records, doctors may fail to include the cause of an injury or the severity of a disability. If this occurs in your case, your attorney will ask the doctor to create a document stating that the accident led to your injury and that it will prevent you from doing certain things or render you incapacitated for a certain amount of time.
c) Assesses the full extent of your damages: Your attorney will consider how the accident may impact you, both now and in the future, while constructing a claim. They will consider the expenses of your present and future medical care, how your injuries have impaired your work capacity, and the collision’s psychological effects. This evaluation of your damages aims to prevent you from being forced to pay for accident-related expenses you had yet to budget for.
Make sure you have all the information you need to make informed legal decisions by reading the full article.
Utilizing a network of specialists and investigators to support your case:
a) Accessing experts: Your lawyer will engage the required specialists to support your claim. Some auto accident attorneys have business ties to certain medical specialists who might help your claim by offering services. You might hire additional specialists, including accident reconstructionist, private investigators, and retired police officers.
b) Interacting with the other driver’s insurance company: Your attorney will establish contact with the insurance carrier for the other party. Since the insurer controls the insurance money, your attorney must have open lines of communication and a positive working connection with the insurer.
Negotiating to maximize the value of your settlement:
a) Dealing with lien holders: Your claim will be subject to a lien from any insurer who provided benefits to you, whether from health, disability, or workers’ compensation insurance. With a lien, the party that holds it receives payment before you do from the settlement you collect. A competent attorney will negotiate with the lien holder to attempt to have the lien holder lower its lien.
b) Dealing with insurance companies and defendants: A particularly specialized talent is negotiation. A competent attorney is aware of the case’s value and is skilled at handling it and negotiating on behalf of the client to achieve the best possible result.
Representing you in court:
Fortunately, most vehicle accident lawsuits are settled without needing a court hearing. But if you wind up in court, your attorney will always stand by your side. They’ll put up a fierce battle to protect your right to restitution.
Criteria For Choosing The Right Attorney
You must be wondering about how to select the right attorney. Since this person is going to represent your interests, you need to consider that they are qualified to do so.
The following are some of the criteria that an attorney should fulfill:
Experience:
In a car accident case, experience matters. An experienced attorney is familiar with how to handle regular cases. More significantly, an experienced attorney is aware of what to do when a case starts to go wrong. Experience also refers to how a lawyer handled cases of a similar nature in the past. Various types of cases demand different abilities and knowledge, and not all lawyers handle all cases.
You can get the damages you lost in the auto accident, such as medical costs, lost wages, and car repairs, with the help of an experienced auto accident lawyer. A qualified accident expert who can create a thorough study to resist cross-examination is probably available to a lawyer who handles car accident cases. They might also request a range of expert witnesses.
Their experiences also help them:
- As many car crashes involve several sources of liability, identify all potential sources of liability. You can use more insurance resources to give your compensation if there are more liable parties.
- Determine the worth of your claim based on the seriousness of your injury, the financial losses you have suffered as a result of the accident, and the costs and consequences you will probably face in the future, in addition to insurance resources.
- Actively pursue your right to damages for your injuries through arbitration or court action.
- Provide you with the guidance you need to decide how to handle your case. It is best if you keep in mind that you control how your case is handled. It depends on whether the person wants the case to be settled or the court to decide. The lawyer’s responsibility is to see to it that you have the knowledge required to make these choices and act in your best interests to get the desired results.
Insurance companies that seek to deny claims can be avoided by hiring a lawyer with a solid reputation and prior experience corresponding with them.
The more experienced a lawyer is, the higher your chances of winning will be.
Recommendations, testimonials, and online reviews:
Referrals mean that other lawyers highly respect the person you’re speaking with—enough respect, in fact, that they would risk their own reputations in exchange for a referral. A reputable lawyer will also be happy to offer testimonials about their skills. The majority of successful, qualified attorneys have numerous references and referrals. It would be best to give individuals with good reviews serious attention when picking your attorney.
Recommendations from judges, attorneys, and previous or present clients are highly valued. People will be able to tell you if the law firm maintained good communication and successfully settled their case if you question them about their own experiences with a lawyer.
Everyone shares their experiences online in today’s quick-paced digital age, and reading through their comments will make choosing a particular lawyer much simpler.
Stay up-to-date on important legal issues by reading the full article.
Communication:
While many attorneys are skilled at presenting their services, many need help communicating effectively when a case is in progress. You want to know what to expect regarding communication from your lawyer because a car accident case can go on for a while, especially if your injuries still affect you. Ask them how often and how they send updates. The legal representative you choose should be open and transparent while discussing your case. They should discuss their rates, their expectations, and yours with you. You should ask clear, direct inquiries if you have any.
Previous litigation experience:
Only 5% of vehicle accident lawsuits proceed to trial. Because of this low percentage, litigation expertise is usually a minor factor. However, you need a lawyer who can fight for you if you are in a severe accident and suffer serious injuries. In extreme circumstances, you can request damages for your pain and suffering and lost pay.
Working with a skilled car accident lawyer can help you prepare your case for trial in a number of ways, including:
- An understanding of the evidence needed to support your claim and where to get it;
- The examination of witnesses involves an out-of-court official testimony; Your legal team may have additional leads to investigate due to this testimony.
- The availability of expert witnesses, including doctors and accident reconstructionist.
- Awareness of crucial information regarding the court procedure, including the statute of limitations, the court’s jurisdiction, pre-trial proceedings, and more.
How May We Help You
Negotiation skills:
All lawyers are skilled at communicating and making their points clear; they acquire this skill through actual legal work rather than legal education. In addition to having excellent debating skills, car accident attorneys also excel at negotiation. The payment an insurance company offers you can be significantly influenced by the negotiation skills of your car accident lawyer.
One of a lawyer’s best qualities is the ability to communicate and negotiate well. Proficiency in negotiation is one of the skills that ensure that your car accident attorney has the capacity to obtain the compensation you are entitled to, in addition to having abilities like writing, producing documents, and laying out logical arguments.
Reputation:
The total amount of damages you obtain might be significantly influenced by the attorney’s track record in dealing with insurance companies. A lawyer should also be well-known in their community. It is best if you consider a lawyer’s reputation as a critical factor in your decision. This is influenced in part by their success record and client testimonials, business partnerships, and standing with their state bar.
Spend some time reading testimonials left by previous clients or requesting recommendations from businesses you’re thinking about hiring. Does the lawyer have a lot of favorable feedback from previous clients on review websites? If so, this is a vital sign that they are well-respected in their industry, possess exceptional talents, and have integrity and credibility. Additionally, look into a lawyer’s disciplinary record or client complaints on the State Bar website.
Lawyers who have broken the rules in the past can change for the better. But you must determine if you want a lawyer with a questionable record to handle your case.
License & Board Certification:
Civil trial lawyers can get board certified through the National Board of Trial Advocacy (NBTA), a national organization. A lawyer needs extensive trial experience and to pass the test in order to claim board accreditation from the NBTA. In addition to being genuine, qualified attorneys thoroughly understand the state rules governing personal injury lawsuits. Additionally, because they handle legal conflicts on a daily basis, they are skilled with the details involved.
Therefore, ask to see proof of a license and board certification before choosing an attorney for your case.
Payment Systems Of Car Accident Attornies
Legal costs are one of the most frequent topics of dispute between clients and attorneys.
It is essential to understand the fees you will be liable for and, more crucially, whether you will be required to cover them regardless of how your case turns up. The usual fee for a car accident attorney is between 33% and 40% of your settlement or judgment. It would help if you talked to a lawyer about this proportion before hiring them. It would help if you also talked about the attorney’s fees paid to you during the case or litigation costs. Most lawyers demand that their clients pay the “costs of the lawsuit” in addition to their fees. This could include, among other things, the court clerk’s filing fees, the sheriff’s expenditures for serving papers, copy costs, postage, and court reporter fees.
When it comes to paying the attorney, there are certain systems of payment:
Contingency fees:
A plaintiff hires a lawyer in a vehicle accident case, a contingency fee agreement is by far the most typical type of fee arrangement. With this type of arrangement, the lawyer is only compensated once the client receives some financial recovery due to their efforts. In most cases, the attorney is compensated as a percentage of the total sum obtained. One-third, or 33%, is the “norm” for contingency fee percentages in personal injury claims like vehicle accidents. A contingency fee percentage, however, can range between 20% and 40% depending on the state the lawyer works in, the schedule by which the case is resolved, as well as the complexity of the legal matter.
Because you have a strong possibility of financial recovery and your lawyer has a fair chance of getting paid a percentage of what they earn, bringing about a successful resolution in the case benefits both sides.
Although the success of a case determines a car accident lawyer’s fee, there are expenses related to filing a personal injury claim following an auto accident. Clients are often, but only sometimes, required to pay these fees regardless of the outcome. So, you should know about their regulations regarding legal expenses before selecting a car accident attorney.
These costs may include things like:
- Court filing fees
- Court reporter fees
- Costs associated with obtaining police reports and medical data
A lower contingency fee is negotiable. Depending on when the lawsuit is completed, some lawyers are willing to set contingency fee percentages on a “sliding scale.” For instance, a lawyer might bill:
- 25% if the case is resolved through negotiation alone and no court action is required;
- 33% if court action is taken, but the case is resolved prior to trial;
- 40% if the case proceeds to trial.
Let’s consider the situation where the contingency fee agreement specifies that the lawyer would earn 30% of the money recovered, and the case settles for $200,000 with $20,000 in litigation fees and expenditures. The client would receive $120,000, and the attorney would receive $60,000 if payments were made before deducting expenses. However, if the lawyer receives payment after deducting expenses, they would receive $54,000, and the client would receive $126,000.
The American Bar Association publishes the Rules of Professional Conduct. Based on the model guidelines, each state issues its regulations.
These rules have a section that addresses fees. It reads as follows: “A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.”
The rule outlines several criteria that are taken into account when deciding whether a fee is unreasonable, including the effort necessary in relation to the fee. However, settling a case is thought to be sufficient for a car accident attorney to receive a contingency fee.
The hourly option:
The hourly option is another often used payment method in the legal industry, while plaintiffs’ side car accident lawyers rarely use it. Hourly billing is more typical for lawyers defending people in auto accidents. Whether or not the client succeeds, hourly pricing provides the lawyer with a fixed payment per hour of work accomplished. If you only want a little aid, such as assistance from an attorney in examining a settlement offer provided by the at-fault driver’s insurer, paying an hourly rate could be the best option.
Flat fee arrangement:
A flat fee arrangement is when a car accident lawyer charges a fixed sum to represent you throughout the course of the case. Even less frequently used by automobile accident lawyers, the flat fee billing method might come up when a client wants legal representation for a specific task, such as writing and delivering a demand letter. Given the unpredictable nature of litigation, it is highly unusual that a car accident lawyer will adopt a flat fee billing arrangement for more than a small, fixed sum of legal work.
Retainer payment:
If the lawyer needs a retainer, they would demand a set sum up the advance and then bill a contingent fee at the conclusion. Until the retainer is finished, the attorney deducts costs from this payment. If they win you money, the sum you have paid should be subtracted from the portion of your settlement or award they retain. If your case is successful, more payments may be made after this.
Hybrid:
A hybrid arrangement combines different payment options. For instance, an attorney might charge a set fee upfront to start your case and then charge a portion of the damages you earn if your case is successful. The retainer can be anywhere from a few hundred to a few thousand dollars in cases involving auto accidents.
When the case is over, the attorney collects the contingency fee percentage and deducts the retainer payment from it. As an illustration, if the lawyer’s contingency fee percentage is 30%, the retainer is $1,000, and the plaintiff recovers $40,000, the lawyer would receive $11,000.
Look to see whether the firm is paid by a contingency fee, an hourly rate, or a retainer. Most vehicle accident attorneys take cases on a contingency basis. Contingency fees are determined by how the case turns out. You owe no legal fees if you lose your lawsuit. However, you will have to provide your attorney with a portion of your settlement or award if you win in court.
Questions To Ask Before Hiring An Attorney
Choosing an attorney is a painstaking task, but you should take your time with such a decision.
To make an informed and intelligent choice, remember to ask the following questions to make the best decision:
- What are your areas of expertise?
- What distinctions, accolades, or awards have you or your firm received?
- How many instances identical to mine have you represented?
- Do you charge a fee on a contingency basis?
- How long do you think the case will take?
- How many cases like mine have you won?
- How are we going to communicate during the case?
- What is your strategy to fight for my case?
- What should I do during the case?
- Why should I select you above other lawyers?
These questions can help you to assess the attorney’s expertise, experience, work attitude, and sincerity to win your case. It is important that your attorney is respectful towards your time and understanding of the hard situation you are facing.
Frequently Asked Questions (FAQS)
There might be certain questions that you have in mind. The following are some FAQs that people in similar situations have enquired about:
1. Will my car accident lawyer deal with the insurance company on my behalf?
Yes! A car accident lawyer is the right choice after an accident to communicate with your insurance company. An attorney will not only file an insurance claim document for you but also ensure you get a fair settlement. Although you have the right to deal with your injury claim and the insurance company on your own, it’s not a very good idea, especially when you have considerable losses and injuries. Also, the case may involve further actions such as gathering documents and evidence, representing you in court, etc., which an attorney better handles.
It is also possible that you might demand compensation far more or less than what you should have demanded. An attorney will help you settle the claim in the fairest way possible by covering all your expenses, from medical expenses to economic losses and pain and suffering that the accident might have caused you.
2. Should I get a lawyer for an accident that was my fault?
It’s always preferred to have a lawyer by your side whether or not the accident was due to your fault. This is because, first, you never know if it was entirely your fault or if the other party is to be blamed equally. Second, you would want to minimize your liability and potentially prove the plaintiff’s fault in the matter, and lawyers help achieve this.
The reduction depends on whether your state follows a comparative negligence system or not. Under this system, both parties are required to pay compensation as per their share of fault in the accident. Suppose a plaintiff incurred property damage of $1,000 in an accident, and the defendant incurred a loss of $500. If the jury finds the plaintiff 25% responsible for the accident and the defendant 75% responsible for the same, then the defendant is required to pay $750, but the plaintiff is also required to pay $125 for the settlement.
Besides helping you get a better claim in an accident, hiring an attorney is also helpful to the at-fault driver by thoroughly investigating the case. A lawyer helps you find maximum evidence that helps establish the other side’s fault in the accident. Ultimately, hiring a good lawyer after an accident is always a wise decision, regardless of who’s at fault.
3. Who is a pro bono lawyer?
A pro bono car accident lawyer offers law services free of cost. Usually, this is because some people cannot afford skilled lawyers due to financial constraints, and pro bono lawyers do not charge fees for the services provided. However, some lawyers may also offer pro bono services for publicity or when they find a unique case that would add to their experience. In addition to legal services, pro bono lawyers also help their clients get in touch with resources and people who could provide financial aid.
It is not very difficult to find a pro bono lawyer because every licensed attorney has to provide pro bono services at least once a year. Usually, every lawyer is required to offer a minimum of 50 hours of pro bono service. The number of hours may vary from state to state and firm to firm. Pro bono attorneys will help you negotiate with the insurance companies to get you maximum compensation and recover all your damages at negligible cost.
Most pro bono accident lawyers provide the same level of services as paid attorneys. This is primarily because their source of motivation is their ethical values, not money. However, pro bono lawyers may also receive a certain amount of money as reimbursement so that they don’t remain empty-handed after providing quality services to their clients.
4. Accidents other than car accidents for which I need a lawyer.
There are various types of accidents other than car accidents for which you might need a lawyer. Some of these accidents are mentioned below:
Motorcycle accidents
While on a motorcycle, you are at higher risk since you are more exposed while riding this vehicle. Therefore, one should be careful while driving and adopt all safety measures to reduce the intensity of injuries. If you’re caught disobeying the traffic laws, the case may turn against you, and you may not be able to recover the losses due to the accident. There are a lot of personal injury attorneys dealing with cases involving various types of vehicles. But it’s preferred that you seek referrals, get a consultation from at least three motorcycle accident attorneys experienced to work solely on such cases and then decide which lawyer is better to handle your case.
Truck accidents
Unlike other auto accidents, truck accidents are more severe and dangerous in terms of intensity. Even the slightest negligence can result in serious collisions. Therefore, if you were involved in a truck accident, make sure you hire an attorney with a proper background in this domain. This is because the truck industry’s regulations differ significantly from passenger car regulations.
Truck accidents are very complicated, and thus, multiple parties might be responsible for the accident. Hiring an attorney is essential for truck drivers because the attorney would gather evidence by identifying liable parties, negotiate for a settlement with the insurance company and file a lawsuit if required.
Pedestrian accidents
Pedestrians are at huge risk of injuries due to collisions, and there is no absolute protection for them on the road. However, the law promises protection to them. It would be best if you prefer to go to a personal injury lawyer dealing with pedestrian accidents to gain fair compensation. Although there is no vehicle insurance policy for the pedestrian affected, the at-fault party’s insurance company is liable to pay you for your lost wages and medical expenses.
Bicycle accidents
With the increasing awareness of being climate-friendly, many people are opting to use bicycles instead of motor vehicles to commute. As a result, bicycle accident injuries tend to increase. The injuries after crashing with a motor vehicle can vary from mild to severe, sometimes even losing your ability to ride. Experienced bicycle attorneys are difficult to find. The best option is to seek referrals from reliable sources.
It is important to note that you will need a bicycle accident attorney with experience exclusively with bicycles and not car or pedestrian accidents. Even if it’s a bicycle accident, you should prefer hiring an attorney because bicycle injuries can have severe effects. You would need an attorney who can file an accident claim or a lawsuit on your behalf and ensure you get the maximum compensation for the property damage, medical expenses, and emotional distress you have gone through after the accident.
Bus accidents
Many Americans today prefer going by public transport owing to climate change or for a faster commute. Despite the overall safety features, buses and other public transport systems are not immune to accidents. Both vehicle occupants and pedestrians can fall victim to a sudden collision.
If you were injured in a bus accident, you are entitled to seek reasonable compensation for your pain and suffering. Most of the national bus companies have huge legal defense teams and insurance companies that protect their monetary interests and are most likely to offer a settlement at the lowest price point possible.
Therefore, it’s better to approach an attorney and seek legal help at the earliest.
We hope this article helps you pursue the right path if you ever get involved in a car accident. Find out articles on more car accident-related topics on our website.