Contacting a car accident lawyer is vitally important if you or a loved one has suffered an injury as a result of an auto accident, whether as a driver, passenger or pedestrian. This can make the difference in Getting the Compensation You Deserve!
Thousands of people are killed and millions injured in car accidents each year. Any auto accident, regardless of how minor the collision, can be a traumatizing experience for all involved.
Car Accident Lawyers
What To Do After A Car Accident
The moments following a car accident can be the most terrifying time of one’s life. In the aftermath of an accident it is important to obtain crucial information.
Access The Rothenberg Law Firm LLP’s checklist: “What To Do After A Car Accident.”
1. Do I Have a Case?
The first thing that many individuals wonder when they are hurt in an auto accident is if they have a case. Of course it is impossible to say with certainty whether one has a valid legal claim without knowing the full details about the situation. However, in general, if you were injured because of the negligence of someone else, you may very well have a legal claim against the person who injured you.
It is important to understand that injured parties have legal claims in many different situations, even when the claim might not be self-evident or you are unsure as to who caused the accident. Because every situation is very fact-specific, you should always consult a personal injury attorney to review the facts of your particular situation. Due to the nature of insurance companies, it will be in your best interest to have as little contact with insurance representatives, or any other parties, as possible before speaking with an attorney. Insurance adjusters are trained to try to help lower the amount that the insurance company will eventually have to pay to settle the claim. When you have been in a car accident you will probably not be thinking clearly, and may even be injured, and things you say can be used against you later. Never make statements about who you think is at fault for the wreck, or what you think happened during the accident: these are questions that your attorney will help you answer truthfully but appropriately. Likewise, if you are in a car accident, always insist on a police report being taken at the scene. When two narratives conflict, it is important to have a police report that reflects the events that occurred at the time of the crash. Because every situation is very fact-specific, you should always consult a personal injury attorney to review the facts of your situation. The attorneys at The Rothenberg Law Firm LLP always offer a free consultation. Therefore, there is nothing to lose by explaining how you were injured and learning how the law applies in your specific situation.
2. Can I handle my own case? Can I use any type of lawyer or do I specifically need a car accident attorney?
Following a car accident it is understandable for an individual to want to settle the matter quickly and move on as soon as possible. As a result, many people are tempted to try to take care of all issues—including legal issues—without getting help from an attorney. Before proceeding on your own, it is crucial to understand the pitfalls of trying to handle your case without legal representation.
You can be sure that those representing the negligent party—usually an insurance company—will be lawyers working to pay out as little as possible. Insurance companies and their attorneys often calculate the value of your claim based on how aggressive they feel the injured party will fight for full compensation for the harm caused. When you retain a lawyer to fight for you, you are essentially ensuring that you are not taken advantage of by the other side.
You should retain an attorney who has vast experience in handling car accident cases and one who is able to stand up to the insurance company at all costs. If the other side is not cooperating and your case requires judicial intervention, the attorney must be prepared to take the case to court to ensure full and fair recovery. Knowing that you are willing to go as far as necessary to ensure justice by obtaining experienced legal counsel often means that the opposing side will deal more reasonably right from the start.
You need an attorney to fight for your rights and to show the insurance company that you are serious about your case. An auto accident attorney at The Rothenberg Law Firm LLP will take your injury case on a contingency fee basis, which means that you do not have to pay any money up front—our lawyers are only compensated following successful recovery.
3. Should I Accept the Insurance Company’s Settlement After My Car Accident?
It cannot be reiterated enough that insurance companies are in the business of paying as little as possible for every claim, to help them maximize company profits. No matter how nice the insurance adjuster seems, the adjuster’s only goal is to pay you as little as possible. In fact, the adjuster is usually rewarded for resolving claims for as little as possible and as quickly as possible.
For these reasons, an insurance adjuster will contact you immediately after your car accident and may even offer to visit you soon after an accident. In fact, the adjuster often comes ready to make a payment immediately in order to convince you to accept a settlement worth much less than you actually deserve. This is an underhanded tactic used to end a matter right away when an injured party is at their most vulnerable. It is extremely important not to fall for this trap. There is no reason to rush into accepting a settlement or offer from an insurance company without first seeking legal help. You should always think through all legal decisions and not sign away your legal rights without being fully informed of the consequences.
Please remember: The insurance company’s sole interest is in ensuring that you receive as little as possible. Do not deal with the insurance company alone. Retain the services of a car accident attorney who can ensure that your rights are protects. For more information, click here.
4. What Is my Car Accident Case Worth?
It is impossible to make generalizations about the value of any car accident case without knowing the details of the injuries and the manner in which the accident took place. The law allows recovery for a wide range of situations, many of which may not be readily apparent to the injured party. This includes past medical bills, future medical and rehabilitation costs, therapy, lost past wages, lost future income, pain and suffering, and more. An experienced personal injury attorney will fight to obtain money for you to compensate you for all of your damages, past and future.
In addition, an attorney may consider seeking compensation for other members of your family who may have been adversely affected as well. Harms to spouses and/or children can often be recovered separately from the damages awarded to the injured individual. Your attorney will explain whether damage awards to your spouse or children applies in your case.
Your lawyer will always consider a range of issues when making determinations about what damages to seek. Be careful not to fall for the trap of believing the worth of your case based on the value that an insurance adjuster has placed on your claim. Always keep in mind the fact that an insurance adjuster is not advocating for your interests and he or she has the incentive to drastically underestimate the value of your losses. Only an experienced car accident attorney with a duty to fight for your interests, can provide a fair assessment of the value of your case.
Words can’t express our gratitude for the work that you have done. Our lives may never be exactly as they were before the accident, but I know that we will be able to move on and get things back on track after your work in settling our case. We are incredibly lucky to have found your team. Should the opportunity arise in the future, I would highly recommend you to others.
Testimonial from Trina W.
What Are The Types of Causes Of Car Accidents?
Motor vehicle accidents can have many causes, but for legal purposes it is often easiest to consider that most accidents are caused in one of three ways: (1) driver negligence, (2) reckless/intentional misconduct, or (3) defective equipment.
Driver Negligence is perhaps the number one cause of automobile accidents. Negligence in the car accident context means that the driver causing the accident did not exercise reasonable care under the circumstances. The driver’s actions are compared to what a reasonable person would do under similar circumstances.
Examples of negligent driving include driving too fast or too slowly for the conditions, distracted driving (on a cell phone or texting), carelessly ignoring traffic signals, or not taking conditions like rain or snow into account. There are many areas in which negligence can occur, but the common thread is that negligence is a failure to act reasonably under the circumstances, without the actual intent to cause the resulting harm.
Intentional misconduct, on the other hand, is an action committed when the person knew that doing so could cause harm and did not care, or actively desired to harm others. Someone who drives at a high rate of speed, cutting in and out of traffic, is intentionally putting himself and others at risk.
The law of strict liability could apply in some circumstances when a product (such as the car itself) causes the accident.
Under strict liability a manufacturer of a product can be held liable for damages caused by its products, if the product is shown to be defective.
A prime example of this is the well-known Firestone tire litigation. In those cases, defects in the tires caused accidents beyond a drivers’ control. The defects were not intentional but under the law, the manufacturer was responsible.
Similarly, in some states, auto accidents caused by drunk drivers could result in liability for the business or host who supplied the alcohol and allowed the driver to drive in an intoxicated condition. The rules related to these issues are often referred to as “dram shop” laws.
Finding the Right Car Accident Attorney
The Rothenberg Law Firm LLP has been handling car accident cases for over 40 years. We have the experience and the dedication you need. The firm can be reached at 1-888-624-8888 or you can fill out a free online case evaluation form. The initial consultation is always FREE. If we pursue your case, there is no legal fee unless we are successful in getting you money.
Timing is important, because statutes of limitation affect how long you have to file a claim.