Car Accident Advice and Guide

Have you or someone you know suffered a car accident. At some point in time in almost everyone’s life they will have to deal with a car accident. Hopefully the accident is not serious and no major loss is suffered. Unfortunately, there are serious car accidents and major losses are at issue. Whether the car accident is major or just a minor incident, certain matters need to be considered and documented to protect an injured party’s rights.

At the time of the car accident a person is dazed and obviously not thinking straight. However, decisions made at this critical moment can determine the outcome of major damage issues in the future. It would be a good idea for everyone to keep a checklist in their glove compartment in the event an unfortunate car accident occurs. Once the emergency calls have been made what should a car accident victim do during these critical moments. As you are sitting there and waiting on the medical teams and police, what comments are critical and what information is going to be pertinent in the future.

The natural concern is to be concerned about the physical well-being of everyone involved in the car accident and that is very important. However, if you have suffered a injury, remember everything you say or do could affect your ability to recover a fair settlement or judgment in the future. Think before you speak and remember that everything you say will be become relevant many times over in the future. If you are a person who wants to appear noble and downplay your injuries, and if a major injury manifest itself later, your statements and actions at the scene of the accident will be critical if you later assert a claim for significant injuries as a result of the car accident. Keep in mind that after an accident your adrenalin is pumping and you may not have a true understanding of your injuries until hours or maybe days after the accident.

If you are in a car accident critical things need to be documented at every accident scene. If possible be sure to get the name, address, place of employment and several phone numbers of all witnesses. Write down the witnesses account of the accident and have them date and sign the written account. Your statement at the scene of the car accident will have to be made to a police officer and/or a medical attendant. Remember that these statements are all recorded in writing and later at trial or when the other party’s insurance carrier or the defense lawyer reviews those statements, you will be reminded of what you said many times over. And your statements could be damaging. If the statements about the accident and your injuries are detrimental to your claim, and it is found that you have contradicted yourself at some point in time, it will damage the credibility of your claim in the future..

Keep in mind. The official or medical personnel transcribing your statement can make mistakes. With this in mind make sure that the transcribers (police, doctors,insurance adjusters, etc) are writing done exactly what you say. As stated, if negative or contradictory statements have been recorded, they will be used against you at a later date.

During your recovery period keep a daily diary. Record in detail your trips to the doctor, a visit by a relative or friend to help clean your house, how you really felt on those really bad days,etc. A personal diary is very powerful evidence if the matter goes to trial. Above are a few things to keep in mind if you unfortunately are injured in a car accident. And lastly, do not forget to contact your insurance carrier, even if you are not at fault, and your adjuster can give direction, as can your lawyer. And regardless, your carrier needs to know about the accident.

Accident Claim Guide – Five Top Rules to Follow

Accidents are something we all fear. It’s not only the worry about being hurt, and losing your ability to work and play as you did before. It’s about the feeling that someone else can cause you harm, through their negligence or stupidity. If you yourself are the cause of an accident, that’s bad enough. But if someone else causes the accident, it’s worse, in many ways. But if you are in an accident, and someone else is totally or partially to blame, you can claim compensation for your suffering.

Filing claim for an accident requires correct following of procedures. Failure to do so may lead to an unsuccessful filing. Your insurance company will take advantage of any lapse in your claim and reduce the amount of money they grant you. Here is an accident claim guide, listing the key rules you should remember while filing.

Rule 1: Provide proof of your injury. This is the single most important rule in the Accident Claim Guide. This is because the compensation you receive depends on the physical and psychological injury that you suffered due to the accident. See a professional (physician or psychologist) as soon as possible after the accident to get an evaluation.

Rule 2: Preserve evidence. Proving the circumstances of the accident is important to claim compensation. Evidence in the form of official reports or photographs will be indispensable in reconstructing the events and circumstances of the accident. Therefore, gathering and preserving evidence is a vital part of the Accident Claim Guide.

Rule 3: Calculate your loss. Providing details of your monetary loss is important for a successful claim. Submit all the documentation for your complete medical expenses. Get paperwork from your employer that will document the total wages you lost because of your inability to work. Remember to calculate and include the interest that you would have gained on this amount.

Rule 4: Ensure your claim is timely. Remember, the law allows you to claim compensation only within a specific period after the accident. Claims made after this period may be rejected. So don’t delay.

Rule 5: Get professional legal help. The success of your claim depends on how far you manage to convince the court you have a legitimate claim. For this you need competent legal representation. Therefore, the last, but not least important rule in the Accident Claim Guide is hiring a lawyer experienced in accident claims.

How Car Accident Lawyers Charge For Their Legal Services

If you’ve been injured in an automobile accident, you may realize that you need a lawyer. You may also be concerned about how you’ll pay for a lawyer. In this article, I explain how automobile accident lawyers generally charge for their services.

Of course, some lawyers, and some cases, are different. This is more of a general guide than a definitive statement of how any particular lawyer would handle your case.

CONTINGENT FEE AGREEMENTS

In most automobile accident cases the lawyer and client enter into a contingent fee agreement. Under a contingent fee agreement, the lawyer only earns a fee if some event – a “contingency” – happens. Normally, that contingency is that the client wins a judgment or the case settles.

The lawyer’s fee in a contingent fee case is normally based on the amount of the judgment that is awarded at the end of the case, or the amount of the settlement.

PORTION OF THE FEE AWARD

Normally, in an automobile accident case, if the case is resolved through settlement, that percentage of the recovery that is the lawyer’s fee is 33 percent. If a lawsuit has to be filed, the percentage normally goes up, and in the very rare cases where there is an appeal after the lawsuit the percentage goes up yet again. The percentage of the recovery going to legal fees increases at a few points because these points are where there is a large increase of the amount of work that the lawyer has to do. Yet, at the same time, these points are not necessarily where there is a large increase in the recovery that you would be likely to receive.

The lawyer’s fee in this kind of arrangement is normally based on the gross recovery. There are almost certainly costs of bringing a lawsuit or investigating a claim. These costs include filing fees, expert costs, investigator costs, the costs of getting medical records, deposition costs, and the cost of preparing exhibits, among other things. What the client recovers at the end is reduced by the lawyer’s fee and the costs of the litigation.

ADVANTAGES OF A CONTINGENT FEE AGREEMENT

There are a number of advantages to a contingent fee agreement. Perhaps the most obvious is that the client’s interests and the lawyer’s interests are aligned. The client and the lawyer want the same thing – a speedy resolution of the case that maximizes the recovery. Other advantages are that you, as the client, do not pay if there’s no recovery, and that no money is required up front.

MORE WORK UP FRONT FOR THE LAWYER

A contingent fee agreement does, however, require more work on the part of the lawyer before accepting a case. If a case is going to be billed hourly, a lawyer can take the case without worrying about whether the case has merit (or without worrying as much; no lawyer wants to lose a case). When a lawyer takes a contingent fee case, the lawyer is, in essence, going into business with the client for that case. The lawyer is investing his time, energy, and money (remember those court costs) into a case. That lawyer wants to make sure that he knows the case is a prudent investment.