In the US, next month is Distracted Driving Awareness Month. This is a nationwide campaign designed to bring attention to what causes over six million car collisions every year in this country.
Were you recently in a car accident? If so, you might be asking yourself if you should hire professional help to lead your case through the legal process.
Find out more here on what a car accident attorney can do to help you. You just might find out that these professionals are the best choice to help secure a positive outcome for your case.
Car Accident Defined
A car accident or “traffic collision” occurs when a motor vehicle collides into or hits a pedestrian, object, or another vehicle. This legal definition of “car accident” comes with legal consequences for those who caused the accident.
A licensed driver needs to demonstrate what the law calls a “legal duty.” “Legal duty” means that a licensed driver must obey all traffic laws and manage their cars responsibly around pedestrians or other people’s vehicles.
If they fail to uphold their “legal duty” and hit another person’s vehicle, that injured driver can recoup their losses. Disputes arise in a car accident case when the victim and the other driver disagree about whether the driver was driving responsibly. They might also differ on whether the driver was avoiding their legal duty.
What’s a Car Accident Attorney?
A car accident attorney provides legal representation for both a victim and defendant. Car accident lawyers are specialized in tort law. Tort law covers compensating a victim when a defendant is at fault for their damages.
A car accident lawyer is also called a personal injury lawyer. Some of the services these professionals can provide include:
Draft a Demand for Compensation
Demand for compensation outlines how the victim believes where the other party is responsible for the damages. A demand for compensation can also outline the specific damage to your property and how much it costs to fix it.
File Your Lawsuit
If the other party disagrees with your demand for compensation, your car accident lawyer can file your lawsuit on your behalf. They will also contact the at-fault party in your lawsuit and serve them a summons that has a copy of your complaint.
Prepare Claims Against a Government Agency
If your property damage lawsuit is against a government or public agency, your attorney can file an “administrative claim” with that government office on your behalf. Deadlines to file these administrative claims are within six months of your collision.
These public agencies have about 45 days to respond to your lawsuit. The public agency may deny your claim.
If this happens, you and your attorney will have six months to file a lawsuit against them in court. The deadline for you to submit this action is no later than six months from the day you received their denial.
Negotiate Any Settlements
The best car accident attorney will also help you navigate any other avenues for alternative dispute resolution. These other avenues can include mediation or arbitration.
If both sides in a property damage lawsuit reach an agreement solution outside of the legal system, they are mediating their case. Attorneys for both sides of the lawsuit will develop a settlement that outlines payment amounts and due dates.
If you participate in an arbitration session, your attorney can present your case to a neutral decision-maker. This neutral decision-maker has the authority to make a binding decision.
Comply With Any Statute of Limitations
The statute of limitations is a collection of regulations that specify deadlines for injured victims to file their lawsuit with the courts after their accident. If a victim can’t submit their lawsuit by these stated deadlines, they won’t receive any compensation to pay for their damages.
A car accident attorney can help a victim file their lawsuit by these deadlines. They’ll also help you file your lawsuit if you experience delayed-onset injuries further down the road.
When Should You Hire a Car Accident Attorney?
If you were recently in a car collision, you should act right away to find the help you’ll need to process your case. You’ll find plenty of tips online for finding the best car accident attorney. It’s best to contact a car accident attorney when one of these conditions applies to your accident:
Contradicting Accident, Police, or Medical Reports
If there are any conflicting facts between the accident, police, or medical reports for your accident, your case might get rejected. When you hire a car accident attorney, they will do their own investigation of the facts surrounding your accident. Then they will turn in their own conclusions and address what’s included in the other reports.
Injuries That Require Overnight Hospital Treatment
If you received car accident injuries that required an overnight hospital stay, you’re going to get a very high bill to cover the fees for that treatment. You might also have reoccurring medical fees in the future as well.
Disagreement Over Responsibility
Each US state has statutes that say that injured victims can’t be over half accountable for their accident if they want to claim funds to help cover their damages.
When disagreements come up on these at-fault issues, your lawsuit is sent to your local court system. That’s where a judge or jury will decide the outcome.
If your lawsuit reaches this point, then you should hire a car accident attorney as soon as you can. Car accident attorneys will guide you through your state’s at-fault laws and identify whether your case meets the state’s requirements.
If you’re ready to hire a car accident attorney, you should act now. Start interviewing car accident lawyers with torte experience.
Ask them to share their experiences with creating demand for compensation notices and negotiating settlements. When you find someone that you can trust, you can begin the process to file your property damage lawsuit.
Don’t forget to check out our website for more information on how to recover costs from your property damage lawsuit. Follow our advice and you’ll get the best outcome for your case.