What Does a Car Accident Lawyer Do?

Why get a lawyer for a car accident? What does a car accident lawyer do? Doesn’t the insurance company handle the car accident for me?

In this article, the Philadelphia car accident lawyers at Cousin Benny explain what a car accident lawyer does and when you need a car accident attorney.

If after reading this article you believe you need a car accident attorney to help you get the compensation you deserve, call Cousin Benny, where we treat you like family. Call us today to discuss your case, free of charge!

Understanding the Role of a Car Accident Lawyer

After a crash, a car accident lawyer can protect your rights and fight for the compensation you deserve. They help you navigate the legal system, handle insurance negotiations, gather critical evidence, and build a strong case on your behalf while you focus on healing. 

Without legal representation, car accident victims are at risk of accepting a settlement that doesn’t fully cover their medical bills, lost wages, and other damages. A car accident attorney levels the playing field, advocating for your rights and fighting for the support you need to recover financially.

How a Car Accident Lawyer Assists with Your Claims Process

After a car accident, an attorney can help you file an insurance claim, submit all paperwork on time, and ensure everything is filed correctly to maximize your compensation and avoid unnecessary delays.

Navigating the Insurance Claims Process

Insurance companies often try to reduce or deny claims, leaving injured drivers with less than they need to recover. An experienced car accident lawyer can push back against these tactics, presenting strong evidence and negotiating for a fair payout. They handle all communication with the insurer, so you won’t have to worry about saying the wrong thing or accepting an unfair offer.

Handling Legal Documentation & Paperwork

Legal paperwork can be overwhelming, and even a small mistake can slow down your claim or weaken your car accident case. A car accident attorney handles all necessary forms, gathers supporting documents, and submits everything correctly and on time. They also track deadlines and legal requirements, speeding up the claims process to secure compensation as soon as possible.

Ensuring Timely Filing of Claims

A car accident lawyer keeps track of important filing dates, ensuring your claim moves forward without unnecessary delays. They act quickly to collect evidence and submit claims before legal deadlines, protecting your ability to seek damages.

Provides Tailored Legal Advice

A car accident lawyer can provide strategic guidance based on the details of your case, helping you make informed decisions at every step. They assess the strength of your claim, explain your legal options, and advise you on the best course of action to secure the highest possible compensation. 

With the help of an attorney, you can avoid common mistakes that could negatively impact your case, increasing your chances of winning the damages you’re entitled to.

Your Car Accident Lawyer Communicates with the Other Driver’s Insurance Company

Armed with evidence of liability and damages, your car accident lawyer takes over communications with the insurance companies involved, leaving you free to get the medical attention you need, heal, rest, and deal with the damage to your vehicle.

Insurance companies do not have your best interests at heart. Just like any other type of business, insurance companies are concerned with their bottom line. They make more profit when they collect premiums and then deny or underpay claims.

An insurance adjuster is an advocate for their employer, the insurance company. They are tasked with finding a way to either deny your claim or find justification to only partially pay on your claim. They will likely contact you with an initial low-ball settlement offer. How do you argue that you deserve more?

Your car accident attorney advocates for your interests, using the evidence they have gathered to negotiate with the insurance company’s attorneys and get you the car accident settlement you deserve, considering your damages and relative liability.

Collaborates with Medical Professionals

A car accident lawyer works with medical professionals to document the full impact of your injuries, obtaining essential evidence to support your claim. They gather medical records and expert opinions to prove the severity of your condition and its long-term effects on your life. 

MedIcal evidence strengthens your case, helping you recover the compensation you need to cover treatment expenses, lost income, and ongoing care.

Your Car Accident Lawyer Gathers Evidence that is Difficult to Get on Your Own, Investigating and Using Experts

While you may have access to the police report and the contact information for the other drivers involved, there is more to investigate and calculate to prove that you deserve compensation and how much.

Car accident cases are a particular type of personal injury case. In a personal injury case, you must prove the negligent party owed a duty of care to you and breached that duty, causing you damages. In a car accident claim, the other driver or drivers owe you a duty to act as a reasonable driver would under the circumstances, and if they failed to do so and caused or partially caused the auto accident, they are liable for your damages.

Your Car Accident Lawyer Gathers Necessary Evidence of Liability

Pennsylvania is a comparative liability state, which means that those suffering an injury in a car accident may recover their total amount of damages if they are 0% responsible for causing the accident, and their damages are reduced by their percentage of fault. For example, if a driver is 25% responsible for causing the accident and their damages are $400,000, they will only receive 75% or $300,000.

There is a lot of money at stake, and for this reason liability in car accidents is hotly contested. If your percentage of liability is calculated too high, you could lose tens or hundreds of thousands of dollars that you need to pay your medical bills and other expenses. 

Don’t leave the issue of liability to chance. The only person who will look out for your interests is your car accident attorney, who will investigate, take witnesses’ depositions, and use experts to recreate the accident to accurately determine liability and get you the compensation you deserve. 

Your Car Accident Attorney Gathers Necessary Evidence of Damages

It is common for those injured in a car accident to underestimate the amount of their damages early on. First, they are still healing from their injuries and may need additional medical care. Second, they do not know whether their injuries will have a long-lasting or permanent effect on their health, family life, or their ability to work. 

Your car accident attorney consults medical experts to calculate your present and future medical expenses and whether you will be disabled or disfigured and therefore entitled to non-economic damages such as pain and suffering or emotional distress. If your injuries affect your ability to do your job, your car accident lawyer will consult forensic accountants to calculate how much in earnings you will lose in the future.

Negotiates for a Fair Settlement

After a car accident, reaching a fair settlement requires professional negotiation backed by solid evidence. A car accident lawyer will fight for the full compensation you deserve, handling discussions with lien holders, insurers, and defendants to maximize your financial recovery.

Negotiating with Lien Holders

Medical providers and insurance companies may place liens on your settlement, claiming a portion of your payout for treatment costs. A car accident lawyer fights to reduce these liens, arguing for lower repayment amounts so you keep more of your compensation. By handling these negotiations, they prevent excessive deductions and maximize your payout.

Negotiating with Insurers or Defendants

Insurance companies and at-fault parties often try to settle for less than your car accident claim is worth. A car accident attorney will push back against lowball offers, using medical records, accident reports, and expert testimony to justify the full value of your damages.

Your Car Accident Lawyer Represents You in Court

If the insurance company will not offer an acceptable settlement, your car accident attorney will file a lawsuit and advocate for you in court. Your car accident attorney will present evidence of liability through expert and witness testimony and evidence of your damages using your past expenses, calculated future expenses, loss in earnings, and emotional suffering. 

It is common for an insurance company to offer a better settlement once litigation begins, because litigation is a costly and time-consuming process that has a negative impact on their reputation as well as their bottom line. But if the insurance company does not settle prior to judgment, your car accident attorney will argue to the judge or jury that you deserve the money judgment you are asking for, and they will get you the judgment you deserve.

Why You Should Hire a Car Accident Lawyer Instead of Representing Yourself

This article set forth the pitfalls of trying to represent yourself against the insurance company or companies after your car accident, which were, in short:

  • The insurance company is not working in your best interests
  • The insurance company has incentive to offer you less than what you deserve
  • The insurance company has a team of lawyers trying to justify their low-ball offer to you
  • Your car accident attorney has access to the resources to prove liability
  • Your car accident attorney has access to the resources to prove damages
  • Your car accident attorney knows the law and will craft a persuasive case for you
  • Your car accident lawyer has experience negotiating with the insurance company, using the evident they gathered, to get you the money you deserve
  • Your car accident attorney litigates on your behalf to get you the money you deserve if the insurance company will not settle
  • Your car accident attorney works on contingency, meaning you pay no legal fee up front and they only get paid unless and until you do

If you’ve suffered an injury in a car accident, call the Philadelphia car accident lawyers at Cousin Benny, where we treat you like family. Find out how much your case is worth, free of charge!

Evaluating Minor Vs. Major Motor Vehicle Accidents

Even a minor car accident can cause hidden injuries and unexpected expenses, so it’s essential to work with a car accident lawyer to protect your rights. An attorney will assess the full impact of the car crash, accounting for medical costs, lost income, emotional trauma, and future expenses to determine the true value of your claim. 

Insurance companies often downplay injuries in minor accidents and undervalue major claims to limit payouts. With legal representation, you’ll have an advocate who fights for the compensation you deserve, whether through settlement negotiations or courtroom litigation. A good car accident lawyer will address rear end accidents, hit & run collisions, distracted driving crashes, and more.

Benjamin Hoffman

Benjamin Hoffman is a practicing attorney licensed in Pennsylvania and New Jersey as well as the Eastern District of Pennsylvania. Benjamin handles cases for individuals who have been injured as a result of an accident, slip/trip and fall or medical negligence.

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Benjamin Hoffman

Benjamin Hoffman is a practicing attorney licensed in Pennsylvania and New Jersey as well as the Eastern District of Pennsylvania. Benjamin handles cases for individuals who have been injured as a result of an accident, slip/trip and fall or medical negligence.
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