What Does an Auto Accident Attorney Do?
As mentioned above, an
experienced auto accident attorney handles personal injury claims daily and
knows how to work with insurance companies to get you the best settlement offer
possible. However, you may still be wondering what steps an auto accident attorney
will take once you have retained them as your representation. While every
accident has a different set of circumstances, there are common procedures and
litigation benchmarks that you can expect of the attorney working on your case.
·
Collecting the Evidence: After you have retained your attorney, they
will begin collecting all of the evidence of your case. This includes your
statement of the details of the accident, your medical records and bills, the
police report, and witness statements. If the other party in the accident has
also retained legal representation, your attorney will establish communication
with their attorney. Your attorney may also revisit the scene of the accident
and take photos of the location for evidence. In some cases, your attorney may
contact experts who can provide further insight into your case.
·
Send the Demand
Letter: Once your auto
accident attorney has compiled all of the evidence, they will draft and send a
demand letter to the insurance company or the at-fault party’s attorney. A
demand letter is a professional document that outlines the facts of the
case, as well as damages. First, your attorney will outline the economic
damages you suffered due to the accident. Economic damages refer to current and
future medical costs, damage to your property, lost wages, and loss of earning
capacity. Non-economic damages refer to pain and suffering and mental anguish.
Both are an important part of the settlement negotiation. The demand letter
will conclude with the settlement amount your attorney is requesting on your
behalf. The insurance company may agree to the settlement, negotiate for a
lower settlement amount, or reject the offer.
·
Filing a Lawsuit: If your attorney and
the insurance company are unable to agree on a settlement, your lawyer will
begin filing the necessary paperwork to take your case to trial.
·
Discovery: After a lawsuit has
been filed, both parties will enter into a period called discovery. During
discovery, attorneys from both sides will share all of the documentation
related to the accident they have gathered in order to look for evidence that
supports their claim.
·
The Trial: If your case is not
settled during any of the above litigation steps, your attorney will go to
trial, and your settlement amount will be determined by a judge or jury. The
phases of a trial are the same for each case. First, attorneys will select a
jury unless your case is to be decided by a judge. Once a jury has been
established, each attorney will deliver an opening statement, followed by witness
testimony, cross-examinations, and finally, closing arguments. Then, the judge
will give instructions to the jury regarding applicable laws and how they
should determine a verdict. Finally, the jury will deliberate and return with a
verdict.
Most car accident
cases are settled outside of court, but that doesn’t mean that you should
accept a lower settlement offer than you originally asked for. This is why you
want an experienced auto accident attorney to represent you.
Negotiation is a
particular skill that many people do not possess. Ali Awad is a competent and
fair negotiator, but he isn’t afraid to go to court on behalf of his clients to
get them the maximum settlement for their injuries and losses.
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