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If you’re driving along one day and someone plows into your vehicle, that will likely traumatize you. It might injure you as well. If that happens, you may feel like you’re okay with your insurance handling it, or the other driver’s policy. Which insurance covers the damage usually comes down to whether you’re in an at-fault or no-fault state.
However, maybe you feel like you need additional money. If you have injuries that insurance didn’t cover, you’ve missed work and need to recover lost wages, or you have some pain and suffering that require compensation, then you may choose to pursue a lawsuit.
In 2022, Dade County saw 26,911 car accident injuries or deaths, and you can expect similar numbers in many of the more populated regions around the country. If you’re among the individuals who decide to file a lawsuit, then you must first locate a lawyer who handles car accident cases. You will need their assistance, since presumably you don’t know the law as well as them.
Let’s talk about what a car accident lawyer can do to potentially win your lawsuit.
First, Find the Right Lawyer
Before we get into what a car accident attorney might do for you, let’s discuss how you can locate one. Maybe you know someone who once had a car accident lawsuit. If so, you can contact them and see if they have a recommendation. Only do this if you know this individual won their case, though.
If you don’t know anyone who had a car accident personal injury lawsuit, then you must look for a lawyer on your own. You can Google something like “car accident lawyer near me” to see what comes up. Maybe you also know about a local car accident attorney from TV ads, radio jingles, or bus stop ads on benches around town.
Once you locate a lawyer, contact them and set up a time when you can come in to see them. Try to assess their temperament when you meet them. If they show you some sympathy, that’s great. If they seem brusque or like they don’t have time for you, then you will probably want to go with someone else.
Assuming you and the lawyer get along, and they say that they will take on your case, then you can next agree on a payment structure. With car accident cases, you should try to set up a contingency payment plan. That’s really the only payment structure that makes any sense.
The lawyer should allow that. If they do these kinds of cases often, then they will likely understand that no one wants to pay an attorney an hourly fee if they’re not sure the lawyer can win their case for them.
They Can Have Their Investigator Try to Uncover Pictures or Videos
Once you and the lawyer have a contract, then they can start on your case. Hopefully, they won’t have a very busy workload, so they can give it the proper attention.
They will usually reach out to their investigator. Virtually every car crash lawyer should have an investigator. They may have more than one if you’re using a large, prestigious law firm.
The investigator can try to find any pictures or videos that exist that establish the car accident happened the way you said it did. If they can find traffic camera or store camera footage, you can use that at trial. If they can find any videos of the crash on social media, maybe you can use those instead.
They Can Have Their Investigator Get a Copy of the Police Report
The lawyer can tell their investigator to get a copy of the police report. This report might have some information that you can use to prove that the crash happened just like you said it did.
The report should say what time of day the crash occurred, the weather conditions, the position of your vehicle when the police arrived, etc. If it says the other driver slurred their speech or couldn’t pass a breathalyzer at the scene, that will definitely help your cause.
They Can Ask You to Show Them Any Relevant Medical Documents
The lawyer can tell you to produce any medical documentation that can show the jury the damage the accident caused. Maybe you have some of that already.
If you don’t, then you might get it from the doctor or hospital that treated you. They should have at least some documentation.
You might use that at trial as well. All this evidence paints a picture of what you say happened. If the other motorist disputes your version of events, the more physical, irrefutable evidence you have, the better.
They Can Meet with the Defendant’s Lawyer and Potentially Force a Settlement
Your lawyer can next go with you to meet with the defendant and their lawyer. The two lawyers might also meet on their own without your involvement if you authorize that.
Your lawyer can hand over all of the evidence you have. The court system calls this process the discovery phase.
If your lawyer shows that you have a mountain of evidence, it’s likely the defendant’s lawyer will tell them that they should settle with you, or at least give you an offer. If you decide to take it, then you won’t need to go through the trial process. If you feel the defendant didn’t offer enough, or they refuse to settle, then you must go to trial.
They Can Stand Up for You in Court
At this point, your lawyer can stand up for you in court. They can question the other driver when they take the stand. They can also guide you as you tell the jury your side of the story.
If you have a skilled attorney, then hopefully, they can help get a jury’s decision in your favor. Then, you can pay your lawyer with some of your winnings while keeping the rest.
