Gray Ritter Graham Blog

Car accidents happen every day across the country. Each day, a motorist, a cyclist, or a pedestrian has their travel plans interrupted because of an accident, typically caused by another’s negligence. Enduring physical injuries, mounting medical bills, lost income, and property damage because of someone else’s mistake is unfair. It can seem overwhelming to fight for the results you deserve after a car accident. An experienced attorney can guide you in seeking justice after being victimized in a crash.

If you or a loved one has suffered an injury or were killed in a car accident, you deserve legal representation. Call a car accident lawyer today to discuss your options and learn how you can protect your legal rights after a car crash. An attorney will make all the difference as you pursue full and fair compensation for your accident-related losses.

Investigating the Accident

Having a legal team is vital to completing a thorough investigation into the cause of the car accident. An independent investigation, completed by your lawyer, means that you do not need to rely on the insurance company's findings. Insurance companies have an agenda- make as much money as possible. To accomplish their goal, adjusters might manipulate “facts” gathered from their investigation against you. Having your report means you have something to compare the insurance company’s findings to during the negotiation process.

Your legal team will work to gather important accident-related information, including proof of how the accident happened. Examples of critical pieces of evidence often include:

• The Police Report: The police report is usually the first document containing a narrative of the accident. The responding officer’s written opinion is important as you and your lawyer develop a strong case strategy. 
• Medical Records and Bills: You need proof of your damages to receive compensation after a car accident. You must seek medical attention even if you think that your injuries are not severe. Collect your medical bills and share them with your car accident attorney to help your legal team understand the extent of the financial burden you have suffered because of the accident. 
• Witness Statements: Witness statements can help prove your case. A lawyer can identify and contact eyewitnesses to the crash. Witnesses stating that the other driver caused the accident can improve your chances of a successful outcome. 
• Property Repair Estimates: If the accident caused property damage, you might be entitled to recover from that financial loss. 

Your attorney might be better equipped to gather other key pieces of evidence than you. Here are some examples of additional evidence that might help your case:

• Expert Witnesses: Expert witnesses can add a layer of validity to your accident claim. A medical expert witness, for example, can help explain to a jury how the injuries have impacted your life and how they can potentially affect you long-term. An attorney can connect you with expert witnesses. 
• Accident Reconstructionists: An accident reconstructionist can help explain how an accident happened to the jury. Using their services can help jury or judge members visualize the crash. An accident lawyer can help connect you with the services of an accident reconstructionist. 

Handling Insurance Companies

Dealing with an insurance company is one of the most complicated and often frustrating parts of a car accident claim. Most car accident claims involve at least an attempt at settling the case through settlement negotiations. Having an attorney means having an experienced professional represent you during the negotiation phase.

Attorneys work to protect their client's right to financial compensation from underhanded tactics used by the insurance company, tactics including the following:

• Quick, Lowball Settlement Offers: Insurance adjusters often present accident victims with quick settlement offers after a car accident. These settlements usually do not account for the full extent of the victim’s injuries and losses. Settling too quickly can prevent you from getting the full and fair compensation you deserve. Once you settle your case, you do not get a second chance to negotiate. Getting legal counsel before settling your claim with the insurance company is always advisable. 
• Delaying Claim Processing: Some insurance companies use the opposite tactic. Adjusters might delay processing your claim, avoiding communication in some cases to exhaust you into settling for less than what you deserve. 
• Downplaying Your Injuries: Insurance companies often downplay the severity of your injuries after a car accident. Adjusters might claim that your injuries are old, you are exaggerating, or that you exacerbated the harm somehow. A lawyer will fight back against these arguments. 
• Blame-shifting: If all else fails, the insurance company might try to put all or part of the blame for the accident on you to avoid taking responsibility. Having an attorney protects you from wrongful blame-shifting. 

An attorney will handle dealing with the insurance company on your behalf. An attorney will relieve the stress of fighting against a savvy insurance company for the compensation you deserve after an accident. Your lawyer will guide you through the insurance claims process, whether it's communication, paperwork, or negotiations. An attorney will also ensure that all deadlines are met and that you don’t miss any important opportunities to strengthen your case.

Determining Compensation

A car accident lawyer will assess the financial value of your case. Car accident damages typically fall into three general categories: economic losses, non-economic losses, and punitive damages.

Economic Losses

Economic losses refer to victims' tangible and physical losses after a car accident. While these losses are usually easier to determine, it is still a good idea to discuss your damages with an attorney, especially before accepting a settlement offer from an insurance company. Here are some examples of economic losses:

• Current and future medical expenses 
• Current and future lost earnings. 
• Loss of earning capacity 
• Property damage 
• Out-of-pocket expenses
• Funeral and burial costs 

Non-economic Losses

Non-economic losses represent the intangible, accident-related suffering experienced by a car accident victim. These losses can be difficult to prove. An experienced car accident attorney can identify these losses and pursue compensation on your behalf. Examples of non-economic losses can include:

• Pain and Suffering: Victims can recover compensation for physical discomfort, chronic pain, and emotional distress resulting from an accident-related injury. 
• Emotional Distress: Victims may recover compensation for the emotional fallout from a car accident. These losses typically include anxiety, depression, PTSD, or other psychological impacts caused by trauma. 
• Loss of Companionship: An accident-related injury can hurt the victim’s close relationships, whether due to inability, estrangement, or wrongful death. 
• Loss of Consortium: The accident victim's spouse might have the right to recover damages through a loss of consortium claim. A loss of consortium claim is a legal action brought by a spouse or partner of the injured person for the loss of intimacy, affection, or companionship due to injury or other harm. 
• Loss of Enjoyment of Life: You cannot participate in activities you once loved due to an injury or emotional distress is a compensable loss. 
• Disfigurement: Car accident victims might survive injuries that cause disfigurement. In such instances, they can pursue compensation for their disfigurement. 
• Humiliation and Embarrassment: Plaintiffs can claim harassment and embarrassment if the accident caused them shame or reputational harm. 
• Loss of Parental Guidance: When an accident is fatal, the family of the victim might have a right to sue for wrongful death under state law. If the deceased was a parent, the children that survived them might have a claim to recover for loss of parental guidance. 

Punitive Damages

In rare cases, courts will award punitive damages to car accident plaintiffs. Punitive damages punish the negligent party rather than compensating the victim. Punitive damages aim to deter the defendant from engaging in similar bad behavior in the future. Talk to your lawyer to determine the availability of punitive damages in your case.

Having an experienced car accident attorney on your side can make all the difference in getting the compensation you and your family need to move forward after a car accident. If you have suffered an injury or loss because of a negligent driver, do not hesitate to contact an experienced attorney to learn how to protect your right to financial recovery after a crash.

Filing the Lawsuit

If settlement negotiations are not fruitful, your attorney might file a lawsuit to resolve your claim. Filing a lawsuit can feel intimidating, but your car accident lawyer will guide you through each step of litigation, including:

• Filing the Complaint: First, an attorney will draft and file a complaint for compensation. This complaint usually lists the at-fault driver, their insurance company, and other potentially responsible parties as defendants. After filing, the defendant(s) receive a copy of the lawsuit and a summons. 
• Discovery Phase: The discovery phase of a lawsuit is the “fact-finding” stage. During discovery, each side exchanges evidence about the accident. Each side might ask for medical records, accident reports, etc. Attorneys might request to take witness depositions and depose potential professionals. 
• Mediation and Settlement Talks: Some states require personal injury litigants to mediate before taking the case before a judge or jury. Mediation aims to try to settle the claim and avoid setting the case for trial. 
• Trial: Your attorney will persuasively present evidence in your favor to a judge or jury to get you the best available outcome. 

An attorney is the best partner during each stage of the claims and trial process. An attorney is here to answer your questions so you feel comfortable as you move throughout your journey. They will provide you with proffessional legal advice and make sure you're informed every step of the way. Here are some ways that hiring a lawyer helps an accident victim.

Why Hiring a Lawyer Helps

Hiring an attorney is the best move after getting into an accident. You can rely on the knowledge and experience of a car accident lawyer to put yourself in the best position to fully recover your monetary damages after a crash. Here’s how an attorney can support your case:

Negotiations

Your attorney will handle negotiations with the insurance company completely. Your lawyer’s experience with insurance companies and personal injury litigation will serve you because it will act as a shield against tactics that might negatively impact your claim.

Meeting Deadlines

Civil litigation, including for car accidents, comes with many deadlines. Perhaps the most important deadline is the statute of limitations. The statute of limitations is a deadline set by state law that limits how long a car accident victim can pursue compensation after a car accident. The state sets the deadline, which usually depends on the type of claim. Having an attorney ensures you meet the statute of limitations and save your case from a technical dismissal.

Having an attorney removes the burden of learning the details of procedural rules applicable to your claim. Your attorney can also ensure compliance with the other procedural rules related to an accident claim.

Communication

After an accident, insurance companies may bombard you with calls, emails, and letters. This can quickly get overwhelming. Having an attorney will help ease the burden you feel from receiving constant contact from the insurance company. Your lawyer will handle all communication, allowing you to focus on your recovery without added stress.

Help Avoid Common Legal Mistakes 

This may be your first time encountering the legal system. Advocating for your legal rights without experience can leave you vulnerable to serious legal mistakes. An attorney can guide you through these issues and ensure you stay on track to receive full and fair compensation after a car accident.

Answering Legal Questions and Providing Guidance

You will undoubtedly have a lot of questions throughout the legal process. Having a lawyer means you have a reliable source of information to rely on so you can know that you are making the best decision for the outcome of your case.

Contact a Car Accident Lawyer Today!

If you have suffered an injury in a car accident, contact a lawyer today to learn how to protect your legal right to financial compensation. You do not have to deal with the aftermath of an accident alone. Contact a St. Louis personal injury attorney today!