Injuries and fatalities due to car accidents are messy and complicated disasters that often require the assistance of a lawyer for personal injury cases or with insurance claims. The necessity of extensive evidence, witness testimony and various factors surrounding the situation cause difficulty in traveling these circumstances alone.
This means when contacting a car accident lawyer, he or she must assess the possibility the case may be successful. It is only with a win that the lawyer is paid when no retainer is necessary. Even if this legal professional is paid beforehand or along the way, he or she does not want to lose the case.
With the possibility that a case may be lost due to different factors, it is vital that all details about the accident are shared with the lawyer so that he or she may develop the best possible strategy for winning. This means numerous criteria are analyzed by the legal team for the potential of a winnable case. Many details that are examined deal with evidence, but there are some issues that must be inspected such as liability, injury and the opposing legal team. This may enhance the complications a case may pose for the lawyer hired. However, before a claim may move forward, the legal representative usually concludes with his or her determination of the situation being winnable.
Car Accidents and Liability
Of all the factors that must be considered, liability is of the most important and first that a lawyer must analyze due to what an insurance company may determine for the accident. There may be differing levels of negligence involved or a clear responsible party. In many instances, one insurance company may attempt to place partial or completely fault at the feet of the injured party. This may reduce or eliminate the possibility of compensation being owed. Through details communicated with the legal representative, he or she will know before the opposing counsel attempts this strategy if it has any basis in truth. It may be complicated in proving who is responsible for the situation.
Injuries in a Car Accident
When considering the possibility that a case may be winnable, the lawyer will assess the injuries sustained in the car accident and any related harm caused. The wounds received must be a direct result of the incident, even if are discovered days or weeks later by a physician. The possibility of hiring a lawyer for a case that only involves minimal damage to the body is unlikely. However, the more evidence taken of the injuries, the better it may be conveyed to the insurance company and opposing counsel. While minor harm may be covered easily by insurance policies, it is the severe wounds and property damage that tend to cause difficulty in resolving fully. It is usually only with a legal representative that there is a chance of success in these matters.
The Need of Evidence
Most cases revolve around evidence in winning the claim. The greater amount collected and substantiated, the better it is for the legal team. More compensation may be pursued when more quality evidence has been provided that may be verified. This proof backs up the claim, and the lawyer may properly argue for more monetary payouts. This evidence may be through the testimony of witnesses of the accident, police reports filed, injury photographs, photos of the area and damage to the vehicles, copies of medical documentation or healthcare bills and similar items. All of these strengthen the case and ensure the responsible party has been identified in the matter.
Funds Involved in a Car Accident Case
One consideration in personal injury cases that may not be thought by the pursuing individual is that the opposing person that is held responsible and must pay has no funds available to do so when he or she loses. Even with a judgment that demands payments to the victim, if no income is available, little to no monies may be received when individuals are involved and the insurance companies have been removed from the situation. If there is no insurance policy, and no non-insured or underinsured coverage has been purchased, this may be what occurs. This is another factor the consulted lawyer may determine before the personal injury case initiates.
A lawyer may choose to accept a case if there is significant proof of injuries that occurred without fault of the victim, evidence that provides support of the incident as explained by the injured party, funds that may be allocated to a settlement or a successful case and any other positive details about the claim.
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