What does a traffic accident lawyer do?
As mentioned above, a motor vehicle accident attorney handles personal injury claims on a daily basis and knows how to work with insurance companies to provide you with the best settlement deal possible. However, you may still be wondering what steps a motor vehicle accident attorney will take once you retain them as your representative. Although every accident has a different set of circumstances, there are common litigation procedures and criteria that you can expect from the attorney working on your case.
Gathering Evidence: Once you have retained your attorney, they will begin collecting all of the evidence for your case. This includes your statement of accident details, medical records and bills, police report and witness statements. If the other party to the accident has also retained legal representation, your attorney will establish communication with their attorney. Your attorney can also revisit the scene of the accident and take photos of the location for evidence. In some cases, your lawyer may contact experts who can provide additional information about your case.
Send the demand letter: Once your traffic accident attorney has gathered all the evidence, they will draft and send a demand letter to the insurance company or the responsible party's attorney. A demand letter is a professional document that describes the facts of the case, as well as the damages. First, your lawyer will describe the economic damages you suffered as a result of the accident. Economic damage refers to current and future medical expenses, damage to your property, loss of wages and loss of earning capacity. Non-economic harm refers to pain, suffering and mental anguish. Both are an important part of the settlement negotiation. The demand letter will end with the amount of the settlement that your attorney is requesting on your behalf. The insurance company can accept the settlement, negotiate a lower settlement amount, or reject the offer.
File a lawsuit: If your attorney and the insurance company can't agree on a settlement, your attorney will begin filing the necessary paperwork to take your case to court.
Discovery: After a lawsuit has been filed, both parties will enter a period called discovery. Upon discovery, attorneys for both parties will share all documentation relating to the accident that they have gathered in order to seek evidence to support their claim.
The trial: If your case is not settled in any of the steps above, your attorney will go to trial and your settlement amount will be determined by a judge or jury. The phases of a trial are the same for each case. First, the lawyers will select a jury unless your case is decided by a judge. Once a jury has been assembled, each attorney will make an opening statement, followed by testimony, cross-examination and finally closing arguments. Next, the judge will instruct the jury regarding the applicable laws and how they should determine a verdict. Finally, the jury will deliberate and render its verdict.
Most car accident cases are settled out of court, but that doesn't mean you should accept a lower settlement offer than you originally requested. This is why you want a car accident lawyer to represent you.
Negotiation is a special skill that many people do not have. Ali Awad is a competent and fair negotiator, but he is not afraid to go to court on behalf of his clients to obtain maximum reimbursement for their injuries and losses.
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