Schiff & Associates Attorneys at Law Blog

  • Blog

How to Expedite Claims With a Car Accident Attorney

April 26, 2024 by Zach Schiff in Car Accident Attorney

The moment of truth has arrived.

You have just gotten involved in a car accident, and how you react determines whether you receive compensation for the medical bills and property damage associated with your case. Calling 911, obtaining witness contact information, and taking photos of the accident scene are a few of the important steps to take after a motor vehicle collision. The most important step is the step that sets the wheels in motion for you to receive just compensation.

The step involves contacting a state-licensed car accident attorney.

A car accident attorney provides you with several types of legal support, from interviewing witnesses to reviewing a copy of the official police report. One of the most important types of legal support is to help you file an insurance claim that gets you compensated for financial losses.

Let’s see how an experienced car accident lawyer can help you expedite a car insurance claim.

Interacts with the Insurance Adjuster

Auto insurance companies prefer to deal with policyholders who file claims without the legal support of a car accident attorney. Without the legal support of an experienced vehicle collision lawyer, your insurance company might try to take advantage of you by proposing a lowball claim offer. Another tactic used by car insurance companies is for adjusters to delay processing claims. By interacting with the insurance adjuster processing your claim, the car accident attorney working your case applies the right amount of pressure to ensure your claim moves through the processing system in a timely manner.

Submits Persuasive Evidence

The most common reason why insurance adjusters deny claims concerns the submission of underwhelming physical evidence. By hiring an accomplished lawyer, you submit the types of persuasive physical evidence that get your claim approved without you having to wait months to receive compensation. Your car accident lawyer refers to the official police report to acquire physical evidence, as well as the photos that you took at the scene of the accident such as photos of tire marks and the damage done to your motor vehicle. One of the most convincing pieces of physical evidence is the footage captured by a traffic and/or security camera.

Submitting convincing physical evidence should expedite your car insurance claim.

Assists With Completing the Claim Form

Did you know that just one mistake found on a car insurance claim form can send your claim to the end of the line for review? Even if you fail to include your middle initial in the right space, the insurance adjuster processing your claim can send it back denied. Enlisting the help of a car accident attorney to file your claim ensures that you do not make any mistakes, as well as leaving any of the mandatory spaces blank. Your lawyer also explains what each section means to help you gain a much better understanding of what your insurance company expects from a valid claim.

Calculates a Reasonable Value for Compensation

Another frequent reason why insurance adjusters deny claims concerns the filing of an unreasonable value for compensation. A car accident lawyer calculates a fair value for compensation by first adding up all the tangible costs, such as the cost of medical care and the value of repairing property damage. You have the right to receive compensation for the costs associated with diagnostic tests, treatment programs, and physical therapy sessions. Your car accident attorney also calculates a value for noneconomic damages, like the symptoms that develop because of Post-Traumatic Stress Disorder. (PTSD).

Negotiate a Settlement

If your insurance company denies a claim, you have the right to file an appeal. However, filing an appeal prolongs the claim review process. Your car accident attorney can propose at any time that both parties meet to negotiate a settlement. Negotiations start when your lawyer presents an initial offer that includes a reasonable value for compensation. The insurance adjuster processing your claim can either accept or deny the initial offer. Several rounds of counter offers can follow until both parties reach a settlement or decide to move on to the appeals process.

April 26, 2024 /Zach Schiff
car accident attorney, car accident lawyer, Schiff & Associates
Car Accident Attorney

6 Steps You Should Take Immediately After an Accident

March 26, 2024 by Zach Schiff in Car Accident Attorney

The average American driver can expect to get involved in some form of car accident one time every six years. Although many car accidents turn out to be minor fender benders, some vehicle collisions result in substantial property damage and significant injuries to one or more drivers and passengers. The best mindset for how to react after a car accident is to already know what to do. For a serious auto crash, leaning on the legal expertise of a car accident attorney makes the difference between receiving just compensation and walking away empty-handed.

Here are the six steps you should take immediately after a car accident.

Think Safety

You can expect a flurry of thoughts to rush through your brain right after a motor vehicle collision. Slow the thoughts down by thinking about safety first. You should find a safe place to move your car if it is capable of moving to another location nearby. Pulling over on a shoulder is a good choice, but if you can find a parking spot on a lot nearby, you enhance your safety by staying away from traffic. Once you get to a safe place, check on all the other drivers and passengers.

Call 911

Calling 911 immediately after a vehicle collision accomplishes two important things. First, a 911 call activates the emergency response system, which includes medical personnel that can treat victims who sustained serious injuries such as fractures and lacerations. Second, the responding law enforcement agency clears the scene of vehicles to prevent another accident from occurring. Law enforcement personnel also conduct a thorough investigation of the accident scene.

Receive Medical Care

Receiving a diagnosis and getting treated for any injuries is critical for you to file a successful insurance claim, as well as a civil lawsuit that seeks monetary damages if you have a strong enough case. If you wait too long to receive medical care, the insurance adjuster reviewing your claim might deny it on the grounds that you did not sustain serious enough injuries to warrant receiving compensation. You might be able to receive initial treatment at the scene of the car accident.

Gather Evidence

Although the law enforcement agency responding to the vehicle collision collects evidence, you also should collect evidence to give your car accident attorney a head start on conducting a separate investigation. Simply taking photographs of the accident scene by using a Smartphone can help your car accident attorney put the pieces of the investigative puzzle together. Obtain the names and contact information of every witness for your car accident attorney to interview as soon as possible.

Contact a Car Accident Attorney

If you have a car accident attorney on retainer or know of a lawyer who specializes in handling personal injury cases, the first call you make should be to your legal counsel. Schedule a free case evaluation to determine the best course of action. Your car accident attorney reviews the official police report and all the physical evidence, as well as interviews witnesses. If you do not have access to a car accident attorney, conduct a little online research to find one practicing in your area and then schedule a free case evaluation.

Work on Receiving Just Compensation

Meeting with a lawyer is the key to starting the process of receiving just compensation for your financial losses. Do not contact your insurance company until after you meet with a car accident attorney. Your lawyer helps you submit the proper documents, as well as helps you develop a persuasive claim. If the other party committed one or more acts of negligence that caused the auto crash, you might have a strong enough case to file a civil lawsuit that seeks monetary damages.

March 26, 2024 /Zach Schiff
car accident lawyer, car accident attorney, about schiff law
Car Accident Attorney

5 Excellent Reasons to Consult A Leading Car Accident Attorney

February 26, 2024 by Zach Schiff in Car Accident Attorney

Be prepared.

It is a short motto that has relevance for a wide variety of reasons during our lifetimes. Being prepared has special relevance when it comes to car accidents, as the average person gets into four accidents during a lifetime. Preparation involves knowing the steps to take after a vehicle collision, which include calling 911, receiving medical care, obtaining the contact info of witnesses, and getting in touch with an experienced car accident attorney.

An experienced car accident lawyer should offer a free consultation to determine how to proceed with your case. Although a free case evaluation is a strong motivator to take action, what other reasons should motivate you to contact a personal injury lawyer who specializes in handling auto crash cases?

Let’s review five excellent reasons to consult a leading car accident attorney.

Conduct a Detailed Investigation

The best personal injury attorneys who specialize in car accident cases conduct detailed investigations that start with gathering and examining physical evidence. Photographs of the accident scene can help your attorney determine what caused the collision, as well as whether another party committed one or more acts of negligence. Photographs of the damage done to your vehicle can provide compelling physical evidence. Your lawyer also interviews witnesses who can describe what transpired before, during, and after the collision.

File an Insurance Claim

Filing an insurance claim is a straightforward process, but just one mistake can turn a claim that should be approved into a claim that comes back denied. An experienced car accident attorney ensures you fill out every box on the claim form with accurate information. Your lawyer also monitors the status of your claim to make sure it receives a review in a timely manner. If the insurance adjuster processing your claim denies it, an experienced vehicle collision lawyer helps you file an appeal

File a Lawsuit before the Deadline

Every state has established a deadline for filing a personal injury lawsuit, with most states setting the statute of limitations between two and four years. Working with a car accident attorney ensures you file a civil lawsuit that seeks monetary damages before the expiration of the statute of limitations. If you fail to file a civil lawsuit before the expiration of the statute of limitations, the court clerk processing your case has the power to remove it from the judicial docket.

Represent You During Litigation

If you represent yourself during a civil trial, the odds of you winning the case substantially fall. A car accident lawyer understands the importance of presenting persuasive physical evidence during the discovery phase, which is the step when both sides share information to determine whether they can avoid a costly and time-consuming trial. Hiring an experienced auto crash attorney helps you present convincing legal arguments to counter the legal arguments presented by the legal team representing the defendant.

Negotiate a Settlement

Negotiating a favorable settlement can end the litigation process long before it ends when a judge or jury issues a decision. Your car accident attorney offers a reasonable value for compensation, which the other party either accepts or rejects. If the other party rejects the initial offer for compensation, several rounds of counter offers can follow until both sides agree to a settlement or decide to take the case to the trial phase of the litigation process. Negotiating a settlement also comes in handy when you file an insurance claim.

February 26, 2024 /Zach Schiff
car accident attorney, car accident lawyer, personal injury lawyer
Car Accident Attorney

How to Select the Right Car Accident Attorney For Your Case

January 29, 2024 by Zach Schiff in Car Accident Attorney

Staying composed after getting involved in a motor vehicle collision can be difficult to do. However, you should focus on staying calm and following a series of steps that eventually determine whether you receive just compensation for any injuries and property damage. One of the most important steps arrives near the end of the process, which is to contact a car accident attorney. The question for you is how to select the right car accident attorney for your case.

Several factors should play a role in helping you to choose the right car accident lawyer.

Experience

An experienced car accident attorney knows how to help you submit the most persuasive auto insurance claim. The claim process requires you to submit compelling physical evidence, along with the statements presented by witnesses. Experience also comes in handy for a car accident lawyer if the insurance adjuster reviewing your claim agrees to try and negotiate a settlement. If your case goes to trial, hiring an experienced car accident attorney can be the difference between winning your case and walking out of the courtroom empty-handed.

Make sure you do not measure experience strictly on years of practice. An experienced car accident attorney also should be able to present a proven record of success.

Offers a Free Consultation

An attorney who offers a free consultation provides you with the opportunity to discuss your case, as well as devise a winning strategy for filing an insurance claim. During a free consultation, a car accident lawyer should review the evidence, especially the official report filed by the responding law enforcement agency. You present witness accounts, as well as copies of your medical bills and property repair receipts, such as the receipt for auto repair work

Represents You From Start to Finish

Some attorneys meet with clients for a free consultation, only to disappear for the remainder of a case. You want the experienced attorney sitting across from you during a free consultation to represent you during every phase of the litigation and insurance claim process. You should ask at the start of a free consultation whether the lawyer sitting across from you expects to represent you the entire time. You should consider it a deal breaker if the lawyer states that another attorney will take over the case at some point.

Gets Paid by a Contingency Fee

You want the car accident attorney hired to represent you to be financially motivated. This means you should pay the lawyer on a contingency fee basis, which means your attorney gets paid when you get paid. The lawyer charges a percentage of the money that you receive from an insurance claim and/or the result of a favorable ruling during a civil lawsuit. Attorneys who charge by the hour are less motivated to push a case to the finish line.

Strong Communication Skills

Car accident attorneys work several cases at the same time. This means the lawyer that you hire might not be available when you call or send a text message. However, you should expect a prompt response every time you have a question or want to learn about the status of your case. The car accident attorney that you hire should respond to any form of communication no later than during the morning after the day when you left a message. A car accident case is stressful enough without having to deal with a lawyer who is a poor communicator.

Online Reviews

Client reviews left on sites such as Yelp and Google should indicate the skill level of a car accident attorney. You should refer to client reviews as the last factor for choosing the right car accident lawyer. Moreover, you should consider a car accident attorney who has received many positive reviews. You also can check an attorney’s Better Business Bureau (BBB) page.

January 29, 2024 /Zach Schiff
car accident attorney, car accident lawyer, Schiff & Associates
Car Accident Attorney

A Car Accident Attorney Can Help You Win Your Insurance Claims

December 25, 2023 by Zach Schiff in Car Accident Attorney

According to several studies, an average of more than 12 million car accidents occur each year in the United States, with nearly one-third of the crashes causing some type of vehicle damage. With around 42,000 motor auto accident fatalities every year, the typical motorist in the United States can expect to get involved in a motor vehicle collision once every six years. If you get involved in a car accident, you should follow a series of steps that include contacting a car accident attorney. A personal injury lawyer who specializes in handling car accident cases provides several legal services to help you recover financially from an auto crash. Most motorists require one type of legal service, which is to file a car insurance claim.

Let’s see how a car accident attorney can help you win your insurance claims.

Communicate with the Insurance Adjuster

Insurance adjusters have one primary responsibility: To limit the value of insurance claim payouts. If you do not hire a car accident attorney to help you submit an insurance claim, the adjuster processing your claim is more likely to deny compensation. In addition, your lawyer handles all forms of communication, which allows you to focus on other objectives, such as recovering from your car accident injuries.

Complete the Insurance Claim Form

For the most part, insurance claims are straightforward, legally binding documents. However, just one mistake on an insurance claim might compel the adjuster processing the claim to deny it. Even leaving a space blank is just cause for denial. A car accident attorney walks you through each section of an auto insurance claim form, as well as meticulously reviews the document to ensure there are no errors. In addition, a car accident attorney monitors your claim to keep it moving through the review process.

Collect Physical Evidence

Submitting persuasive physical evidence is the heart of building a successful insurance claim. A car accident attorney collects physical evidence such as photos of the accident scene, as well as footage captured by a traffic and/or security camera. Your lawyer also interviews witnesses to get statements that corroborate your version of events and to support the physical evidence gathered at the scene of the crash. The formal report filed by the responding law enforcement agency also represents a convincing piece of evidence.

Calculate Monetary Damages

Another factor that strengthens your insurance claim involves calculating a reasonable value for compensation. With the help of a car accident attorney, you add up all tangible expenses, which include the value of medical and auto repair bills. Your car accident attorney obtains copies of every medical record to calculate the value of diagnosing, treating, and rehabilitating your injuries. You also might qualify for insurance claim compensation because you suffer from emotional issues such as the development of Post-Traumatic Stress Disorder. (PTSD).

Negotiate a Settlement

A car accident attorney can negotiate a settlement with the insurance adjuster processing your claim. Negotiations start when your car accident attorney submits a value for compensation, which the insurance adjuster either accepts or rejects. If the insurance adjuster rejects the initial offer, several rounds of counter offers can follow until both sides agree to a settlement or decide to take the claim to the appeals stage of the review process. An experienced car accident attorney understands what constitutes a reasonable value for compensation.

December 25, 2023 /Zach Schiff
car accident lawyer, car accident attorney, about schiff law
Car Accident Attorney

Is a Car Accident Attorney Necessary if There is Only Minor Fender Damage?

November 24, 2023 by Zach Schiff in Car Accident Attorney

It was just another day running errands when Murphy’s Law kicked in. What can go wrong will go wrong becomes true when you get involved in a car accident. However, it turned out to be a fender bender, which brings up one important question.

Is a car accident lawyer necessary if there is only minor fender damage? In short, contacting a personal injury lawyer who specializes in handling car accident cases is the right thing to do for several reasons.

Your Car Might Be More Damaged Than You Think

At first look, a minor fender appears to be nothing more than an unsightly bump in the fender that a licensed mechanic can hammer out in just a few minutes. However, your car might have absorbed enough of an impact to develop one or more serious issues that you cannot detect at first glance. For example, the impact might have been strong enough to push the suspension out of alignment or decrease the operational performance of one or more safety features.

Even for a minor fender bender, one of the first things to do after an accident is to take your car for an inspection by a qualified mechanic.

Your Body Might Have Sustained More Damage Than You Think

According to the Centers for Disease Control and Prevention (CDC), motor vehicle collisions send more than 2.3 million victims to an emergency room each year. After a minor fender bender, you might not feel the need to seek medical attention, but you should because some injuries take more time to develop than other types of injuries. For example, whiplash and a concussion might not show signs of development until hours or even a day or two after a car accident. A car accident attorney cannot help you recover the financial losses associated with medical bills if you do not seek medical attention in a timely manner after a collision.

You Need Help Filing an Insurance Claim

One of the most important types of legal support that is provided by a personal injury lawyer who specializes in handling car accident cases involves helping clients file persuasive insurance claims. Auto insurance adjusters love it when policyholders do not receive legal support when filing an accident claim. Not only does a car accident lawyer help you submit convincing physical evidence, but you also gain an advocate who closely monitors your claim to ensure it receives the attention that it deserves.

Here is important advice to remember: Do not contact your insurance company until after you have consulted with a state-licensed car accident lawyer.

You Deserve Compensation

Let’s assume your injuries and the damage done to your car turned out to be much worse than you initially thought. How do you recover the financial losses generated by medical bills and the repairs done to your motor vehicle? The answer is by working with an experienced personal injury lawyer who specializes in handling car accident cases.

You have two primary types of compensation to request after an auto crash. First, you request compensation to pay off medical and car repair bills. Submitting copies of the bills typically is enough physical evidence to get a car accident claim approved. You also might qualify for noneconomic damages, which include living with emotional trauma such as the symptoms triggered by Post-Traumatic Stress Disorder (PTSD).

The Bottom Line

Regardless of the severity of a motor vehicle collision, your insurance company and the car accident lawyer representing the other party will not be on your side. This means you should hire a personal injury lawyer who handles car accident cases to represent your best legal and financial interests.

November 24, 2023 /Zach Schiff
car accident lawyer, car accident attorney, personal injury lawyer
Car Accident Attorney

Why Don’t Insurance Companies Want Me to Hire a Car Accident Attorney?

September 26, 2023 by Zach Schiff in Car Accident Attorney

If you are a recent victim of a car accident, the bills have started to pile up on your desk. The pressure to pay off costly healthcare and auto repair bills prompts you to check on the status of a car insurance claim every day. Insurance companies have no incentive to pay out insurance claim money, which means they love it when claimants apply for compensation without the help of a car accident attorney. In fact, your insurance company might discourage you from hiring an auto collision lawyer, especially if your claim is worth a substantial amount of money.

Let’s review why insurance companies do not want you to hire a car accident attorney.

Conducts a Thorough Investigation

Auto insurance companies assign experienced investigators to gather physical evidence, as well as interview witnesses. If you do not hire a car accident attorney, your insurance company can count on you not coming up with the proof you need to file a persuasive claim. A car accident lawyer from Schiff & Associates ensures you file a convincing insurance claim by referring to the official police report, which should describe in detail what caused the car accident.

The official police report also contains the name and contact information of every witness.

Calculates a Reasonable Claim Value

One of the most common reasons why insurance companies deny car accident claims concerns the submission of an unreasonable value of compensation. This factor alone might be the reason why your insurance company does not want you to work with an experienced lawyer from Schiff & Associates. With the legal support provided by a car accident attorney, you add up the tangible costs associated with the auto crash, such as medical and auto repair bills. Your attorney also calculates a fair value for non-economic damages, such as the costs generated by treating the symptoms of Post-Traumatic Stress Disorder (PTSD)

Helps Complete the Insurance Claim Form

Just one mistake in completing a car insurance claim form can lead to the denial of your claim. Whether you insert inaccurate personal information or forget to fill in a section, the insurance company processing your claim can send your claim back denied without having to present an argument against any of the physical evidence filed with the claim. Hiring one of the highly-rated lawyers from Schiff & Associates ensures you file an accurate and fully completed car insurance claim.

Negotiates a Settlement

Car insurance companies hope claimants accept no as an answer the first time they file a car insurance claim. They can then file away a denied claim and move on to other customer claims for processing. Hiring an auto collision lawyer provides you with the opportunity to avoid a lengthy claim process by negotiating a settlement. Instead of denying your claim and moving on, your car insurance company must negotiate with your attorney to end any stalemate that arises during the claim review process.

Your attorney submits a reasonable offer, which your insurance company can either deny or send back with a counteroffer.

Highly Motivated

Auto insurance companies fear interacting with car accident attorneys because of the motivation to seek as much money as possible by filing a claim. A vast majority of auto insurance lawyers operate on a contingency fee basis, which means they receive compensation only when their clients get paid by an insurance company. The financial incentive to receive the highest possible value for compensation keeps insurance company actuaries awake at night.

September 26, 2023 /Zach Schiff
car accident attorney, car accident lawyer, about schiff law
Car Accident Attorney

4 Auto Insurance Claim Problems You Should Take to a Car Accident Attorney

August 28, 2023 by Zach Schiff in Car Accident Attorney

An average of nearly 12 million auto crashes happen each year in the United States, with roughly one-third of the accidents causing some type of vehicle damage. Although the majority of vehicle collisions cause what is called fender benders that result in minor property damage and minimal injuries, more than 42,000 Americans die each year because of getting involved in motor vehicle crashes. The numbers do not favor a registered driver in the United States, as the typical motorist can expect to get involved in a car accident one time every six years.

With the data pointing towards the inevitable car accident, do you know how to handle the aftermath of a motor vehicle collision? Calling 911, receiving medical care, and exchanging information with other drivers and passengers represent three common steps to follow after a car accident. Another common step involves contacting a state-licensed car accident attorney. Reaching out to a lawyer is important for many reasons, such as receiving legal support when the time comes to file an insurance claim to recover the financial losses associated with an auto crash.

What Are the 4 Most Common Reasons Policyholders File Auto Claims?

Filing a car accident insurance claim can turn into an exercise in frustration. From submitting the proper documents to monitoring the progress of a claim, you might find yourself out of money unless you receive the strong legal support of an experienced personal injury attorney who specializes in handling car accident cases. Depending on the type of insurance coverage, you might not be eligible to receive compensation to cover medical and property damage bills.

Let’s look at four auto insurance claim problems that you should take to a car accident attorney.

Rear-End Collision

A rear-end collision is one of the most common types of fender-bender car accidents. They often take place at stop signs and traffic signals. Although damage to the rear of your automobile might be minor, you can still sustain one or more serious injuries. Two of the injuries sustained as the result of a rear-end collision typically take time to develop. The body motion generated because of a rear-end collision can cause whiplash and/or a concussion. Taking a rear-end collision insurance claim to a car accident lawyer ensures you receive just compensation for diagnosing and treating delayed injuries such as whiplash and a concussion.

Damage Sustained While Parked

After an evening that included a movie and a meal at your favorite restaurant, you return to your vehicle and notice another driver has made an impact on the car. If you pay for comprehensive car insurance coverage, you should consider hiring a car accident attorney to help you file a persuasive auto insurance claim. Even without the support of witness statements, you can recover your financial losses by filing a parked car insurance claim. Your lawyer gathers physical evidence, which includes any traffic and/or security camera footage.

Single Car Accident

Single-car accidents produce many of the same car insurance claim problems as claims involving a parked motor vehicle. The lack of witness accounts to support your claim represents the most formidable insurance claim challenge to overcome. If you made an impact with a stationary object like a sign or fence post, you have the right to receive compensation to cover the costs associated with the property damage. However, receiving insurance compensation after a single car accident requires the legal support of a car accident attorney.

Auto Collision That Involves Multiple Drivers

One of the most important responsibilities of a car accident attorney is to gather physical evidence to bolster an insurance claim. Collecting physical evidence is especially important for receiving compensation for a multiple-driver car accident. Your car accident lawyer conducts an investigation to determine which of the multiple parties caused the collision. This requires obtaining physical evidence, as well as interviewing witnesses that were not involved in the car accident.

August 28, 2023 /Zach Schiff
car accident attorney, car accident lawyer, schiff law
Car Accident Attorney

Your Car Accident Attorney Can Help You Get The Settlement You Deserve

July 24, 2023 by Zach Schiff in Car Accident Attorney

If you have sustained one or more injuries as the result of a car accident, you might be eligible to receive compensation by filing an insurance claim, as well as a personal injury lawsuit. For both types of claims, you can receive a favorable decision that helps you pay for the costs associated with medical treatments and the repairs done to property damage. However, your car accident lawyer also might be able to negotiate a settlement, which allows you to avoid the costly and time-consuming litigation process. A settlement pays for the same costs associated with a favorable legal judgment and an approved insurance claim.

How Should I Respond After a Car Accident?

How you react after a car accident determines the outcome of negotiations for a settlement. The key is to submit overwhelming evidence that another party caused the accident that led to the development of your injuries.

First, you should call 911 to activate the local emergency response teams, such as paramedics and law enforcement personnel. Unless you got involved in a minor fender bender, law enforcement personnel conduct an investigation that ends with the submission of the official police report. The official police report represents the most important type of evidence submitted to both insurance companies and the judge hearing a personal injury lawsuit that seeks monetary damages.

After the emergency response teams arrive at the scene of the car accident, receiving medical care is the next step on your to-do list. Even if you sustained what appears to be minor injuries, you should receive a thorough medical examination to ensure you have not sustained an injury that develops delayed symptoms, such as whiplash and/or a concussion. After receiving medical care, contact a state-licensed personal injury attorney who specializes in handling car accident cases. Your lawyer gathers additional physical evidence, as well as interviews witnesses to support your insurance and legal claims.

How Does My Car Accident Attorney Negotiate a Settlement?

Your car accident lawyer follows a few steps to reach a favorable settlement with another party after a car accident.

Calculate a Fair Compensation Value

Calculating a fair value for a car accident settlement involves factoring in both tangible and intangible costs. Tangible costs leave a paper trail, with documents verifying the costs associated with medical care and repairing property damages. Intangible expenses do not leave a paper trail, such as the costs associated with developing emotional trauma symptoms like Post-Traumatic Stress Disorder (PTSD). Also referred to as non-monetary damages, your car accident attorney calculates the fair value of intangible expenses by using a formula that factors in the costs associated with tangible expenses.

Send a Demand Letter

A demand letter is a formal document that initiates the negotiation process with an insurance company and the lawyer representing the other party. The demand letter includes a detailed description of the car accident, which includes a copy of the official police report and the physical evidence collected at the scene of the collision. It also should include witness statements and contact information. Another section of the demand letter explains how your attorney calculated the proposed settlement value.

Negotiations

After submitting the initial offer found in the demand letter, the other party can either accept or reject the proposed value for compensation. If the other party rejects the initial offer, you might receive a counteroffer or a request to move on to the next step in the claim process. For a civil lawsuit that requests monetary damages, the next step is to take your case to the trial phase of the litigation process. If an insurance company rejects a settlement offer, your attorney can file an appeal to receive compensation.

July 24, 2023 /Zach Schiff
car accident lawyer, car accident attorney, schiff law
Car Accident Attorney

Can a Car Accident Attorney Help If I Was Charged With Road Rage?

June 28, 2023 by Zach Schiff in Car Accident Attorney

Car accident attorneys provide several types of legal support for clients. They conduct thorough investigations that include gathering evidence and interviewing witnesses. Part of the evidence-gathering process involves reading the official police report, which represents the most influential document used by judges and insurance companies to issue decisions on financial claims. If you get involved in a car crash, a personal injury attorney who specializes in handling auto collision cases acts as an intermediary between you and the insurance adjuster processing your claim. You receive legal support during a civil trial, but your attorney should try to avoid a costly and time-consuming trial by trying to negotiate a settlement with the other party.

One cause of car accidents concerns the commission of one or more acts of road rage. If you sustained injuries and/or property damage as the result of road rage, you should contact an experienced and state-licensed car accident attorney. However, if you received a ticket or worse, a summons to appear in court because you committed one or more acts of road rage, then you should speak with a criminal defense lawyer. Although most states have not defined road rage as a specific crime, an act or acts of road rage that causes harm to another party might justify the filing of criminal charges such as attempted vehicular assault.

What Are the Most Common Types of Road Rage Behaviors?

A report released by AAA Exchange describes the different types of behavior that define road rage. One of the most common forms of road rage behavior is verbalizing anger while driving a motor vehicle. The verbalization of anger can consist of yelling, screaming, and/or cursing at another driver. Physical actions like banging on a dashboard and slamming the steering wheel constitute acts of road rage as well.

Another common type of road rage behavior can lead to another party sustaining one or more injuries and property damage. This type of road rage behavior involves an angry motorist who performs dangerous vehicle maneuvers, such as colliding with another car.

What are the Most Common Factors That Contribute to Road Rage?

The National Highway Traffic Safety Administration (NHTSA) states that a driver can develop anger for one of several reasons. First, a motorist who had a bad day can quickly turn volatile when confronted with traffic congestion. For every minute that passes while stuck in traffic, the festering anger becomes stronger. Second, drivers that have time issues can flip on the anger switch when they are delayed while operating a motor vehicle. Third, the veil of anonymity leads many motorists to believe they can get away with unacceptable behavior. Finally, selfishness plays a role in some drivers developing road rage behavior.

The Bottom Line: Road Rage Can Produce Serious Legal Consequences

Road rage charges can lead to legal consequences that can negatively impact you for years to come. This is especially true if you caused another party physical harm and/or damaged personal property. If you face one or more charges of road rage, as well as related criminal charges, act with a sense of urgency by contacting an experienced criminal defense attorney.

June 28, 2023 /Zach Schiff
car accident lawyer, car accident attorney, schiff law
Car Accident Attorney

Will a Car Accident Attorney Handle a Boating Accident With Injuries?

May 22, 2023 by Zach Schiff in Car Accident Attorney

You have sustained multiple injuries as the result of a boating accident. Rapidly mounting medical bills and costly boat repair receipts have put you in a deep financial hole. As you search for a personal injury attorney to help recover your financial losses, you discover that some car accident attorneys also practice personal injury law by representing clients involved in boating accident cases.

Will a car accident attorney handle a boating accident with injuries?

The question should not be “Will a car accident attorney handle a boating accident with injuries.” Instead, the question is “Is a car accident attorney qualified to represent me when filing a boating accident insurance claim, as well as a civil lawsuit that seeks monetary damages?”

Hiring a personal injury lawyer who specializes in handling boating accident cases is important for two reasons. First, your attorney must possess a deep understanding of the maritime and boat safety laws enacted by the state where you live. Each state enforces different maritime and boat safety laws. For example, although Texas and Florida share many of the same maritime and boat safety laws, each state has passed a few statutes that address different legal issues. Second, your attorney also must have in-depth knowledge of the type of boats that got involved in the boating accident.

You also should search for a personal injury lawyer who has compiled a proven record of success. Determine the success rate of filed insurance claims, as well as the number of favorable legal judgments that awarded compensation to clients. A car accident attorney who occasionally takes on a boating accident case is not a viable candidate to represent you when filing an insurance claim and/or a civil lawsuit that seeks monetary damages.

What Do Car Accident and Boating Accident Attorneys Share in Common?

Despite a few differences in knowledge requirements and case responsibilities, car accident and boating accident attorneys share several similar job duties.

Conduct a Thorough Investigation

Both car and boating accident attorneys conduct detailed investigations to determine the best course of action. Both types of cases require reading the official law enforcement agency report, which should include a description of what caused the accident. The most common causes of both car and boating accidents are distractions, reckless maneuvers, and operating under the influence of drugs and/or alcohol.

Both types of lawyers also gather physical evidence and interview witnesses.

Calculate a Fair Value for Compensation

Personal injury attorneys calculate a fair value for compensation by considering three types of compensation awarded for a civil case: Economic damages, non-economic damages, and punitive damages. Economic damages cover the costs associated with tangible expenses, such as medical bills and property repair receipts. Non-economic damages cover the costs associated with pain and suffering, which includes developing the symptoms of Post Traumatic Stress Disorder (PTSD). As a type of compensation that is not awarded to pay for a plaintiff’s expenses, punitive damages punish the defendant for committing one or more acts of negligence.

Prove Negligence

To prove another party committed at least one act of negligence for a boating accident, your attorney must prove the presence of four legal elements. Duty of care is a doctrine that holds all parties responsible for operating their boats safely. A breach of the duty of care doctrine represents one or more negligent acts committed by another party. Causation is an element that requires your personal injury lawyer to prove the boating accident caused your injuries. Finally, you have to prove you sustained financial losses as the result of the boating accident.

May 22, 2023 /Zach Schiff
car accident lawyer, car accident attorney, schiff law
Car Accident Attorney

Can a Truck Accident Attorney Recover the Cost of Product Damages?

April 21, 2023 by Zach Schiff in Car Accident Attorney

A commercial truck fully loaded with products can transport more than 80,000 pounds, which gives a standard four-door sedan weighing around 4,000 no chance to withstand the impact delivered by a commercial truck. Data released in 2019 by the National Highway Traffic Safety Administration (NHTSA) demonstrates how much carnage commercial trucks leave behind on our nation’s roads and highways. The NHTSA stated in the 2019 report that more than 5,000 motorists died as the result of a truck accident, with another 160,000 victims sustaining one or more serious injuries.​

When you think about a truck accident, your thoughts probably immediately focus on the terrible losses suffered by the victims riding in a passenger car. However, truck drivers also sustain considerable losses as the result of accidents with passenger vehicles that can lead to substantial damage to products. For example, a truck carrying time-sensitive fruits and vegetables that gets sideswiped by a passenger vehicle can suffer tens, if not hundreds of thousands in financial losses. Do truck drivers have the same rights as other motorists when it comes to retaining a truck accident attorney?

The answer is yes. As a truck driver, you have the right to recover the financial losses associated with the cost of product damages by hiring an experienced truck accident attorney. A truck accident attorney conducts a thorough investigation that includes interviewing witnesses and gathering physical evidence. Your truck accident attorney also reviews the official police report to determine the cause of the accident, which can lead to the discovery another party committed one or more acts of negligence.

What Are the Three Types of Compensation Awarded for Truck Accident Cases?To file a civil lawsuit that seeks monetary damages, your truck accident attorney must prove the presence of the four elements of negligence. Your lawyer must establish that the defendant owed you a duty of care and that the defendant breached the duty of care doctrine. The defendant must have committed one or more negligent acts that caused you to sustain an injury or injuries that resulted in financial losses.

Here are the three types of compensation awarded for truck accident cases.

Economic Damages

Economic damages, which also lawyers refer to as special compensatory damages, cover the tangible costs associated with a truck accident case. Most truck accident cases generate costly medical bills, as well as property damage such as the damage done to a motor vehicle. If you are a trucking company that suffered financial losses as the result of damaged products, you might be able to recover the financial losses by demonstrating another party committed at least one act of negligence. However, filing a civil lawsuit is not the only way to recover the financial losses associated with damaged products.

You also can file an insurance claim that requests compensation to cover the costs associated with replacing damaged products.

Non-Economic Damages

Non-economic damages do not come with a price tag, such as the compensation awarded to replace damaged products. Instead, non-economic damages cover the costs associated with pain and suffering, such as the development of emotional distress issues. Post-Traumatic Stress Disorder (PTSD) represents a common mental health condition that develops after a motor vehicle accident. A truck accident that causes product damage might negatively impact the driver who starts to fear getting behind the wheel of a big rig.

Punitive Damages
​
Judges do not award punitive damages to help plaintiffs cover the costs associated with economic and non-economic damages. Instead, judges award punitive damages to punish defendants for committing one or more acts of negligence. Judges also award punitive damages to deter defendants from committing the same acts of negligence in the future. If another party committed an intentional act of negligence that damaged your products, the judge hearing your case might award you a value for punitive damages that exceeds the combined value of economic and non-economic damages.

April 21, 2023 /Zach Schiff
car accident lawyer, car accident attorney, truck accident attorney
Car Accident Attorney

Will a Car Accident Attorney Dispute a Traffic Citation on My Behalf?

April 27, 2023 by Zach Schiff in Car Accident Attorney

A law enforcement officer has pulled you over for speeding and the resulting ticket puts you precariously close to exceeding the number of points allowed per year for moving violations. Should you turn to a car accident attorney to dispute the traffic citation on your behalf.

The answer is no if you did not get involved in a vehicle collision. Car accident attorneys help clients recover the financial losses associated with getting involved in an auto crash. For a speeding ticket, you should contact a lawyer who specializes in helping clients beat traffic citations.

However, if you received a speeding ticket as part of a car accident investigation conducted by law enforcement personnel, hiring a car accident attorney can help you dispute the traffic ticket, which in turn strengthens an insurance claim and a civil lawsuit that seeks monetary damages.

What Does a Traffic Citation Means for a Car Accident Case?

Receiving a traffic ticket after an auto crash does not automatically make you guilty of causing the accident, but it does tip the scale of justice in the other motorist’s favor. The other driver’s attorney might try to hold you legally liable for causing the collision because you violated one or more traffic laws. Without a car accident attorney providing legal support, you have little, if any chance of getting an insurance claim approved or receiving a favorable legal judgment for compensation.

How Should I Contest a Traffic Violation?

The procedure for fighting a traffic citation differs from state to state. You should discover the procedure to follow in your state by reading the instructions printed on the back of the traffic ticket. Your car accident attorney can fight the traffic ticket in court, and if the police officer who issued the traffic citation does not show up in court, the judge hearing your case might dismiss it. Another way to fight a traffic citation received after an auto crash is to prove the traffic violation did not cause or contribute to the collision. If you live in a state that follows the comparative negligence doctrine, your attorney can argue that the other party should assume a percentage of the fault for causing the accident.

For example, let’s assume you received a speeding ticket after a car accident. However, the other driver also committed a traffic violation by sending a text message while operating a motor vehicle. The judge hearing your case might assign each of you 20 percent of the blame for causing the motor vehicle collision. If the judge awards you $50,000 in monetary damages, the net compensation received declines by 20 percent to $40,000.

What If My Traffic Citation Is Not Related to the Car Accident?

Government safety agencies enforce traffic laws with the intent to minimize the number of auto crashes. For instance, establishing speed limits gives motorists more time to react to changing road and traffic conditions. Speed limit laws also minimize the power of vehicle impacts. However, other types of traffic laws have nothing to do with preventing motor vehicle collisions. Maybe you committed an administrative violation by not getting your registration renewed before the deadline.

Any citations not related to a car accident should not be a factor considered by an insurance adjuster or a judge hearing a personal injury case.

The Bottom Line: A Traffic Citation Does Not End Your Quest for Compensation

Receiving a traffic citation after a car accident does not result in a determination of fault. If you got involved in a motor vehicle collision and then received a traffic ticket after the crash, you should act with a sense of urgency by contacting a state-licensed car accident attorney. Make sure you never admit guilt to any party, including the responding police officer and the insurance adjuster processing your claim.

April 27, 2023 /Zach Schiff
car accident lawyer, car accident attorney, personal injury lawyer
Car Accident Attorney

Should I Call a Car Accident Attorney if I Was Injured While Riding a Bicycle?

March 27, 2023 by Zach Schiff in Car Accident Attorney

Bicyclists have become just as common as motorists on our nation’s roads. Many municipalities have designated lanes for bicyclists to use exclusively. The rapid increase in the number of bicyclists corresponds to an increase in the number of car accidents that injure bicyclists. If you are a bicyclist who sustained one or more injuries as the result of a car accident, should you call a car accident attorney for legal support?

The answer is yes, but contact a car accident attorney who specializes in handling cases involving an injured bicyclist.

How Does a Car Accident Attorney Provide Legal Support for a Bicyclist?

Hiring an experienced car accident lawyer who specializes in handling cases involving an injured bicyclist provides you with several types of legal support.

Conducts a Thorough Investigation

For most types of car accident cases, law enforcement officers respond to the scene of an accident to secure it and then conduct an investigation. Your car accident attorney conducts a separate investigation that includes gathering additional physical evidence, as well as interviewing witnesses that describe what transpired before, during, and after the car accident. Your lawyer also reviews the official police report.

Calculates a Reasonable Value for Compensation

One of the most common reasons why insurance adjusters deny claims and judges dismiss lawsuits concerns the submission of an unreasonable value for compensation. Your car accident attorney adds up the costs of medical bills and repairs performed to fix property damage. If you missed work because of your injuries, you might qualify for compensation that covers lost wages. Non-economic damages such as the costs associated with pain and suffering often are more difficult to calculate.

Interacts with the Insurance Adjuster

Many insurance companies love to deal with policyholders that do not retain legal representation. If you do not hire an attorney to help you file an insurance claim, the adjuster might deny a valid claim or approve a claim that is worth much less than what you deserve in compensation. A car accident attorney who specializes in providing legal support for bicyclists also acts as a buffer between you and the insurance adjuster. Your lawyer monitors the progress of your claim to ensure it receives the consideration it deserves.

Negotiates a Settlement

Your car accident attorney has two opportunities to negotiate a settlement. First, your lawyer can negotiate with the insurance adjuster. Second, to avoid a costly and time-consuming civil trial, your lawyer can negotiate a settlement with the other party’s attorney. This typically takes place during the discovery phase of the litigation process, which is when both parties share physical evidence and the statements provided by witnesses.
Negotiations start when your attorney submits an offer and negotiations can continue through several rounds of counteroffers.

File a Civil Lawsuit

As a bicyclist who sustained one or more injuries as the result of a car accident, you might have a strong enough case to prove another party committed at least one act of negligence. If your car accident attorney can show the other party committed one or more acts of negligence, you might have enough physical evidence to file a civil lawsuit that seeks monetary damages. Not only does your attorney submit the proper documents with your personal injury lawsuit, but your lawyer also helps you file a personal injury lawsuit long before the expiration of the statute of limitations.

The Bottom Line

If you are a bicyclist who sustained one or more injuries as the result of a car accident, a car accident attorney can help you recover the financial losses associated with diagnosing, treating, and rehabilitating your injuries. Some of the factors that define a highly-rated car accident attorney include experience, responsive communication, and a proven record of success.

March 27, 2023 /Zach Schiff
car accident lawyer, car accident attorney, personal injury attorney
Car Accident Attorney

Can a Car Accident Attorney Help Me Resolve a Fault Dispute?

February 24, 2023 by Zach Schiff in Car Accident Attorney

If you get involved in a car accident, you have to follow a few steps to determine whether you receive compensation to recover the financial losses associated with medical bills, property damages, and possibly lost wages. The first thing to do involves calling 911 to activate the emergency response system. Next, you should receive prompt treatment for your injuries. The longer you wait to receive medical care after a car accident, the more likely the insurance company you have to process a claim with might consider your injuries not serious enough to warrant compensation.

The third item on your to-do list after a vehicle collision is to contact an experienced car accident lawyer to help you determine whether another party should assume fault for causing the auto crash.

How Does My Car Accident Lawyer Help Me Resolve a Fault Dispute?

The most contentious issue between all parties involved in a car accident concerns determining which party or parties should assume fault for causing the collision. A car accident attorney helps you resolve a fault dispute in the following ways.

Interacts with the Insurance Company

Insurance companies love dealing with policyholders that do not retain legal counsel when filing a claim. If you do not hire an experienced car accident lawyer to help you file a persuasive insurance claim, the insurance company might deny a valid claim or approve a claim for a value that is far below the compensation that you deserve. Working with a car accident attorney ensures the insurance company does not falsely accuse you of causing the auto crash.

Your lawyer also monitors your claim to ensure it receives the prompt attention that it deserves.

Gather Physical Evidence
​

The law enforcement personnel responding to the car accident conduct an investigation that leads to the filing of the official police report. Inside the police report, your attorney should find information that describes what caused the accident, as well as a determination as to which party, if any, should assume legal liability for committing one or more acts of negligence. Your car accident attorney also conducts a thorough separate investigation to uncover more physical evidence. One of the most trusted types of physical evidence is the footage captured by a nearby traffic and/or security camera.

Interview Witnesses

Witness accounts alone do not provide enough evidence to determine which party should assume fault for causing a motor vehicle collision. However, witness statements provide legal support for what happened before, during, and after the auto crash. Your car accident attorney needs to interview witnesses as close to the date of the vehicle collision as possible to receive the most accurate accounts.

What Are the Four Elements of Proving Negligence?

A car accident attorney resolves a fault dispute by proving the presence of the four elements of negligence. First, your lawyer must establish the other party owed you a duty of care to protect you against sustaining injuries. Second, you must demonstrate the other party breached the duty of care doctrine by committing one or more acts of negligence. Third, the car accident must have caused your injuries and finally, your injuries generated financial losses.

February 24, 2023 /Zach Schiff
car accident attorney
Car Accident Attorney

Charged With an Accident? Here's How a Car Accident Attorney Will Help

January 30, 2023 by Zach Schiff in Car Accident Attorney

The aftermath of a car accident can put you under incredible pressure. Not only do you have to receive medical treatment for your injuries, but eventually, you have to address the costs associated with medical bills and repairing the damage done to your vehicle and other types of property. You have to gather and organize persuasive physical evidence to file an insurance claim and if another party committed one or more acts of negligence, a civil lawsuit that seeks monetary damages.

Add on top to the typical responsibilities of dealing with the aftermath of a vehicle collision is the fact that you have been charged with an accident. If you were charged with an accident, here’s how a car accident attorney will help.

Conduct a Thorough Investigation

An experienced car accident attorney knows how to collect the type of evidence that can exonerate you of all charges and possibly discover that the other party committed at least one act of negligence. Most car accidents require the presence of a law enforcement agency to conduct a separate investigation, as well as secure the accident scene to protect other drivers and passengers. Photographs of all vehicles involved, as well as images of the accident scene, can lead an investigating officer to determine the cause of the vehicle collision. However, your lawyer can strengthen your case by acquiring traffic camera footage captured at the scene of the accident.

Interview Witnesses

One of your most important responsibilities after an auto crash is to obtain the names and contact information of every witness to hand over to your car accident attorney. Your lawyer interviews each witness to determine whether there is enough legal support to back the physical evidence collected. Witness accounts help describe what happened before, during, and after the car accident, as well as explain in detail the road and weather conditions at the time of the collision.

Interact with the Insurance Company

Dealing with an insurance company following a car accident can be an exercise in frustration. If the insurance company processing your claim discovers you were charged with the accident, the likelihood of you receiving compensation dramatically falls. Many insurance companies like to take advantage of policyholders who do not retain legal representation or hire an attorney, yet file an insurance claim without any legal support. An experienced attorney can help you demonstrate that you did not commit an act of negligence that caused the vehicle collision.

Prove the Other Party Committed at Least One Act of Negligence

If the physical evidence gathered at the scene of the auto crash and witness accounts verify your version of events, your lawyer might be able to turn around your charge of causing the accident by proving the other party should be held legally liable for your injuries. Proving negligence requires demonstrating the presence of four elements, which are a duty of care, breaching the duty of care doctrine, causation, and financial losses. If you can prove the other party committed one or more acts of negligence, you might have a strong enough case to file a civil lawsuit that seeks monetary damages.

The Bottom Line

If you have been charged with an accident, act with a sense of urgency by hiring an experienced car accident attorney. Without legal representation, you might lose more than the financial losses that are associated with lost wages, medical bills, and the cost of repairing property damage.

January 30, 2023 /Zach Schiff
car accident lawyer, car accident attorney
Car Accident Attorney

How Long Does It Take For a Car Accident Attorney to Get Results?

January 03, 2023 by Zach Schiff in Car Accident Attorney

As a victim of a car accident, you must follow a series of steps to improve your chances of getting the compensation that you deserve to pay off medical bills. You also need money to pay for property damage and the income lost because your injuries forced you out of work.

The first step involves calling 911 to alert the nearest law enforcement agency as to where the car accident took place. Law enforcement officers arrive at the accident scene to secure the area, as well as conduct a thorough investigation that leads to the filing of the official police report. Next, you should receive medical care to treat, as well as develop a plan to rehabilitate your injuries. The third step involves obtaining the contact information of witnesses and taking photos of the accident scene to acquire persuasive physical evidence. Finally, you should schedule a free case evaluation with an experienced personal injury attorney to prepare an insurance claim and determine whether you have a strong enough case to file a civil lawsuit that seeks monetary damages.

With bills piling up fast and no income coming in to pay the bills, how long does it take for a car accident attorney to get results? The answer is it depends on one or more of the following factors.

Time It Takes to Complete an Investigation

Unless you got involved in a minor fender bender, a law enforcement agency conducts an extensive investigation that helps your personal injury lawyer discover two important answers. The official police report defines the cause of the car accident and whether another party should assume legal liability for causing you harm. Although the investigation conducted by the appropriate law enforcement agency should not take more than a couple of days, filing the official police report can take several days to a few weeks depending on the complexity of your case.

Processing an Insurance Claim

Before you contact an insurance company, you should first speak with a state-licensed personal injury lawyer to receive advice on how to file the most convincing claim. Insurance companies prefer to deal with policyholders who do not retain legal representation. The more complicated the vehicle collision, the longer it takes for an insurance adjuster to issue a decision regarding a claim. One of the most important reasons to hire a car accident lawyer concerns the tendency of insurance adjusters to delay processing claims. With an experienced personal injury attorney providing legal support, you should receive a decision on your claim in a timely manner.

Unless you need to file an appeal to overturn a denied claim, you should get approved for compensation no longer than two months after filing your claim.

The Litigation Process

If your personal injury attorney can prove the presence of the four elements of negligence, you might have a strong enough case to file a civil lawsuit that seeks monetary damages. The litigation process can drag on for several months or even longer if the judicial docket is backlogged with pending lawsuits. However, your car accident lawyer can ask the other party to negotiate a settlement, which can significantly decrease the amount of time it takes for your attorney to get results.

Your lawyer submits a reasonable offer that the other party can accept or reject. If the other party rejects your initial offer, you might receive a counteroffer or both parties agree to prepare for the trial phase of the litigation process.

January 03, 2023 /Zach Schiff
car accident lawyer, car accident attorney
Car Accident Attorney

Will a Car Accident Attorney Help Me Get a Larger Claim?

December 05, 2022 by Zach Schiff in Car Accident Attorney

How you respond to a car accident goes a long way toward determining whether you receive compensation to cover financial losses such as medical bills, property damages, and lost wages. You should call 911, seek immediate medical care, and provide information for law enforcement to include in the official police report. Shortly after the car accident, you should file a claim with the proper insurance company. Many victims of car accidents refuse to hire an attorney to help them file the most persuasive insurance claims. Much of the decision not to seek legal counsel is based on perceived high attorney fees. However, after conducting a cost-benefit analysis, you should quickly reach the conclusion that hiring a personal injury lawyer is a fiscally responsible strategy.

According to a study released by the Insurance Research Council, auto collision victims that retain legal counsel receive more compensation by filing insurance claims. The same study discovered that in a majority of cases, the claims settled by insurance companies involved the participation of a personal injury attorney.

One important note: A vast majority of personal injury attorneys charge on a contingency fee basis, which means you should not have to pay upfront fees to gain the most experienced legal representation.

Car Accident Attorneys Act as Intermediaries

Hiring a state-licensed car accident lawyer demonstrates to the insurance company that you are serious about receiving just compensation from a claim. An attorney acts as an intermediary between you and the insurance company by monitoring the progress of your claim and interacting with a claims adjuster. Insurance companies tend to take advantage of claimants that do not retain legal counsel. Hiring an experienced car accident attorney prevents that from happening.

Calculates a Reasonable Value for Monetary Damages

One of the most frequently cited reasons for denied or undervalued insurance claims concerns an unreasonable value request for compensation. An experienced car accident attorney calculates a fair value for compensation by adding up the bills associated with medical care and property damage. For lost wages, an auto crash lawyer refers to bank statements and employer timekeeping records. You also have the right to request compensation for non-economic damages, such as the costs associated with pain and suffering.

Negotiate a Settlement

Just because an insurance company denies a claim does not mean the process for seeking compensation is over. Hiring an experienced car accident attorney provides you with a negotiator who tries to find common ground with the insurance company. After receiving a denied claim, your lawyer submits an offer to settle the claim. A series of counter offers can follow until either both parties reach an agreement or the claim ends up in the legal system for resolution.

Proves Negligence

Filing an insurance claim is not the only way you can receive compensation for the financial losses produced by a vehicle collision. A personal injury attorney conducts an exhaustive investigation to determine whether another party committed one or more acts of negligence that caused your injuries. If your attorney discovers another party committed at least one act of negligence, then you might have a strong enough case to file a civil lawsuit that seeks monetary damages.


December 05, 2022 /Zach Schiff
car accident lawyer, car accident attorney
Car Accident Attorney

4 Great Reasons to Enlist the Aid of a Car Accident Attorney

October 31, 2022 by Zach Schiff in Car Accident Attorney

Getting involved in a car accident can cause one or more injuries, as well as trigger emotional distress issues such as fear and anxiety. Although the aftermath of a vehicle collision can leave you confused as to how to address your injuries and financial losses, you should act with a sense of urgency by contacting an experienced car accident attorney.

The most important reason to enlist the aid of a car accident attorney concerns getting the compensation that you deserve for suffering financial losses. An auto collision can result in medical bills that run into thousands of dollars. Add to medical bills lost wages and the cost to repair property damage, and you might find yourself in a deep financial hole. Working with a state-licensed personal injury lawyer can help you recover financial losses.

Here are four other great reasons to enlist the aid of a car accident attorney.

Filing an Insurance Claim

Insurance companies prefer to process claims filed by policyholders that are not represented by a personal injury lawyer. Without legal representation, the insurance company processing your claim might either deny it or approve a claim valued well below what you deserve. By hiring an experienced car accident attorney, the insurance company processing your claim knows you are serious about receiving just compensation.

Your lawyer gathers and organizes the physical evidence you need to file a persuasive insurance claim.

Determining the Amount of Compensation

Filing an insurance claim and a civil lawsuit that seeks monetary damages requires your personal injury lawyer to calculate a fair value for compensation. Your attorney combines the tangible costs associated with medical bills, repairs to property damage, and lost wages. Non-economic damages cover the emotional issues that arise from trauma produced as the result of a vehicle collision. Your lawyer calculates a reasonable value for non-economic damages by using a formula that factors in the value of economic damages.

Prove Negligence

To file a civil lawsuit that seeks monetary damages, your car accident attorney must prove the presence of the four elements of negligence. Duty of care means another party assumed the legal responsibility to ensure your safety. Breaching the duty of care doctrine involves another party committing an act of negligence that caused your harm. The third element of proving negligence involves showing the judge hearing your case that the car accident produced your injuries. Finally, the injuries sustained as a result of an auto crash must have generated financial losses.

Filing a Personal Injury Lawsuit Before the Deadline

Each state has established a deadline for filing a personal injury lawsuit that seeks monetary damages. Also referred to as the statute of limitations, the deadline for filing a personal injury lawsuit in most states is between two and four years. By hiring an experienced car accident attorney, you can rest assured that you will file a personal injury lawsuit before the expiration of the statute of limitations.

If you fail to meet the deadline for filing a personal injury lawsuit in the state where you live, you can expect the court clerk processing your case to remove it from the judicial docket

October 31, 2022 /Zach Schiff
car accident lawyer, car accident attorney, personal injury lawyer
Car Accident Attorney
  • Newer
  • Older

Powered by Squarespace