Automobile accidents are scary outcomes on the road. You could be hurt physically, lose money, and miss work because of incidents big or small. Don’t underestimate the severity of any accident without consulting experts. Such a traumatic event is likely to cause emotional distress as well. According to the Florida Department of Highway Safety and Motor Vehicles, there were over 3,900 accidents in Florida in 2021. Of these, 70% led to property damage only, while 30% resulted in injury or death. Additionally, approximately 32% of motor vehicle accidents involved drivers aged 21-30, followed by drivers under 21 with 24%. Drivers aged 61 and older accounted for 8% of total motor vehicle accidents during this period.
If you or a loved one has been injured in a car accident, working with formidable legal aid, such as Wesley Chapel car accident attorneys, can get you compensation from the at-fault parties. This article will review how car accident attorneys assist victims in obtaining the highest settlements after a collision.
1. Collect and Submit Evidence
This process requires you to gather existing information and investigate further to present your case to the judicial system. This means thorough paperwork is mandatory. It includes collecting police reports, medical records, public documents, images of the accident site, witness accounts, and professional opinions. This strategy is called evidence building.
Attorneys can illustrate the severity of their client’s injuries and the financial effects of the accident by submitting all the proof. It then becomes difficult for the insurance company to refute paying the entire amount in the face of solid evidence. How to file legal paperwork has a unique protocol that differs by state. Local attorneys are well-versed in the system and best suited to handle your claim.
A lawyer can draw attention to the crime or negligence of the at-fault party using traffic camera footage. Since attorneys have institutional access, they can petition the police for this information quickly. If the footage is in your favor, the insurance company can settle soon. Note that this is the best-case scenario.
2. Negotiating With The Insurance Company
If possible, the legal process requires parties to resolve the issue out of court. This means you must deal with insurance companies wanting to payout the least likely amount. It is highly recommended that you go into these negotiations with legal aid. A vehicle accident lawyer can represent you in negotiations with the insurance company, ensuring you aren’t denied fair compensation.
This part of the process is essential and must be executed cleanly. Damage assessments must align for the appropriate compensation to come through. A competent attorney can accurately assess your damages from their experience. The lawyer will leverage other avenues to ensure the client gets the best representation. This will force the insurance company to engage with the facts and offer the correct payout. Otherwise, they might research and find information to refute your claims. In this case, your lawyer goes back to the drawing board to wrestle with the facts and make your rebuttal.
3. Preparing and Filing the Lawsuit
If your case is going to court, a lawyer must represent you and file your suit. This process requires several steps, including obtaining evidence, gathering witnesses, and reviewing medical records.
If there were no witnesses present when the accident occurred, a car accident lawyer might employ an investigator to uncover more details. This can ensure that all factual information is covered and nothing unforeseen comes up during the trial.
If more than one person contributed to your accident, each individual may share some of the blame for your losses. Your payout will increase if your legal team decides to sue multiple parties.
4. Proving Liability and Negligence
Your attorney must establish liability on the opposing party to obtain the highest settlement possible. This sometimes entails proving the defendant’s carelessness or failure to behave reasonably. In the context of car accidents, negligence typically involves:
- Driving carelessly or aggressively
- Distracted driving (such as texting or chatting on the phone)
- Speeding
- Driving while intoxicated or under the influence of drugs or alcohol
- Ignoring traffic signals and signs
The facts gathered during the case review will help competent lawyers to prove guilt and demonstrate that the defendant’s activities directly contributed to your injuries. Once negligence has been shown, your attorney will show how the negligent party’s acts directly contributed to your damages and injuries.
They may use expert testimony from doctors, engineers, or experts in accident reconstruction. At this point, it is essential to demonstrate beyond a reasonable doubt how the other party’s carelessness contributed to the accident and your injuries.
5. Aggressive Litigation When Necessary
Most of the time, parties can agree out of court without the case going to trial. However, a trial is the only option when disagreement devolves into a stalemate. If your case goes to trial, a skilled automobile accident lawyer would vigorously battle your case, making a compelling argument. Basic elements of aggressive litigation include:
Vigorous Representation
Aggressive litigators are known for their unwavering commitment to clients and cases. They are prepared to go the extra mile to achieve their clients’ best possible outcome.
Proactive Approach
Litigators that are aggressive in their approach take the initiative to advance their claims at all costs. They proactively gather evidence, make motions, and conduct discovery to create a robust case.
Assertive Communication
Aggressive litigation requires effective communication. When using this tactic, attorneys forcefully communicate with opposing lawyers, witnesses, and the court. They are adept at steering the story and putting their points in the strongest possible context.
Willingness To Go To Trial
Although many lawsuits are resolved outside of court, aggressive litigators are not reluctant to go to trial if they think it would benefit their client.
Relentless Pursuit Of Information
Aggressive litigators constantly look for evidence that will support their position or damage that of their adversary. Depositions, interrogatories, and demands for the production of documents are all common discovery tactics they employ to acquire information and expose flaws in the other side’s case.
