Car Accident Law Firm
Car accident law firms help those involved in accidents to win compensatory damages from parties responsible for their injuries. Litigation is rare in car accident incidents, as both parties usually come to an agreement in settlement. Therefore, you may choose to work with the other party without an attorney as long as you are willing to compromise your chances at fair compensation. A car accident law firm, by virtue of experience working with similar cases and advocating for clients that have had situations similar to your own, represents your best option for seeking damages after being injured in a car accident.
Factors that will affect your case
Liability is the greatest determinant of the success and amount of damages in a car accident case. So long as you have not accepted liability at the scene of the accident or at any point after, the car accident law firm can help you determine the extent of your and the other party’s liability and how that might affect settlement and future litigation. For instance, many states have contributory or comparative negligence laws that prevent the collection of damages if the plaintiff exceeds a threshold of liability.
To give the car accident law firm the best idea of the nature of the accident, you should bring all documentation and evidence related to the accident. This will include police reports, insurance documents detailing damages done and medical documentation for injuries. This will help determine the extent of your liability and the reasonable amount of damages that should be sought in settlement. Many car accident law firms will quote damages at a higher end of the scale so that it may be modified downward either in settlement or at trial.
Where to look for an attorney
You may use this website to find an attorney. To do so, use the search box on top of all pages. You may also compare attorneys and ask free questions by clicking Find Attorneys on top of the page.
Is comparative negligence a factor in my case?
There are two typical types of legislation that place limitation on accident cases. These are comparative negligence and contributory negligence laws. Some states will modify these laws further by adding specific thresholds of the 51% rule. The 51% rule of comparative negligence dictates that a plaintiff may not collect any damages at all from the other party. This may be in addition to reducing damages by a percentage of the plaintiff’s liability. Some states will restrict litigation further by forcing the loser of a civil case to pay the legal fees of the winning party.
Contributory negligence is the measure of the plaintiff’s negligence in a car accident. The car accident law firm can assist you in determining a rough measure of your negligent actions in the accident. You will not know for sure how the court will measure your negligence, but an expert will help you prepare for this determination. In a typical contributory negligence case, should the parties fail to reach an agreement in settlement; the jury will make a determination on the plaintiff’s negligence. For example, in a car accident case, if the plaintiff is speaking on a cell phone prior to being hit by a speeding driver, the plaintiff may be found to be 30% at fault for the accident, the implication being that had the plaintiff not been distracted, there is a chance the accident could have been avoided. Under most contributory negligence laws, the potential damages that can be recovered will be reduced by 30%.
Evaluating a car accident law firm
Honesty and objectively are the two most important factors for a car accident law firm. If the firm fails at either of these two things, the client may pursue an untenable case or may have a misunderstanding on the merits of their claims. The best attorney will analyze your case objectively and determine your chances of winning at trial or reaching a favorable settlement.
Advertising should never be considered as a factor and quality advertising is not necessarily indicative of the best law firms.
Due to the prevalence of car accident law firms, you will have a reasonable amount of options. This will enable you to work within your needs if you need a bilingual lawyer or have other special needs. Try to find a car accident law firm that is willing to conform to you needs, rather than having to conform to a relationship that is in the best interests of the law firm.
Rates, Fees & Retainers
Contingency arrangements are the most common billing arrangements for car accident law firms. Contingency fees are a percentage of the settlement that the firm is entitled to as compensation for legal services. This may be limited by law, in either a hard monetary or percentage cap. The cap may also differ based on the total damages won.
If you choose not to have a contingency arrangement, then you will likely have to set up a billable retainer account. There, the car accident law firm’s attorney hourly and fixed fees will be assessed. You will need to know the extent of these fees and have this agreement in writing before agreeing to legal services. The retainer account is refilled at the discretion of the law firm.
Questions to ask the car accident law firm
The following questions are important when interviewing your attorney:
What will happen if the other party refuses the settlement offer?
Will I be represented by the car accident law firm in court?
Who will I contact if there is a problem or if I have a question about the lawsuit?
Have you worked with clients that have had situations similar to mine?
What is this states contributory negligence law, if applicable?
Will this law apply to me?
Can you allow me to examine your credentials?
Do you have alternatives to contingency billing?
If you cannot handle my case, can you refer me to a car accident law firm that can?
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